E2 - IT Consulting business - Please guide..
 

Hi all,
I recently found this incredibly useful site. Read loads of useful info. Now I am looking for some guidance on few specifics.
Quick info about me.

• I run a UK limited company (IT consultancy business) past 20 years – through which I freelance.
• Have an M.Sci with a postgraduate diploma in business management
• British citizen. I don't have any other nationality.

Objective: To migrate to the US with family - mainly for personal and professional reasons. I understand that there is no direct path to a permanent residence from E2 but there is a hope that in 5 to 10 years time my business could grow to enable me for EB5 with 10+ employees.

Constraints:

• At the moment, I can't afford $500K to go through EB5.
• No multinational employers to get me L1 (all these years worked as a freelancer)
• No US employers to sponsor me H1-B or the EB-1/2 directly (extremely difficult to get it even a response!!)

Basically, I am on my own with IT, management and consultancy business skills but they are in high demand in the US, fortunately.
Just about to do the following for E2 vias preparation.

• Register an LLC company in the US focusing on IT Consulting services
• Applying for ITIN for US tax
• Once ITIN and LLC registration complete, I will apply for a business bank account in the US
• Invest money into the business account to start the IT consulting business. (one of the problems for E2 - a large initial amount is not required for consultancy business - I plan to recruit US freshers and train them in my domain and send them out as my employees to various business for fixed-price contracts)

Please share your thoughts on the following, any help in guiding me is much appreciated.

• Am I making any fundamental mistake with the idea of E2 given my background, constraints and goal?
• Could you please recommend an immigration attorney/lawyer? Do they need to be UK based, just to address the local US embassy nuances? or US-based lawyers can do?
• Did anyone try such E2 IT or other consulting business? please share your experience
• Various sites suggest that for consulting business less than $70K is good enough provided we present a solid business plan and growth strategy. Is that true?
• One of the big issues I face is that how do I prove a significant amount is irreversibly locked in the US? For a consulting business, a bunch of laptops, website and business stationaries and a small office room rental lease is not crossing even $20K :-(

Thank you for your time and valuable response.

Re: E2 - IT Consulting business - Please guide..
 

One question I have for you is, why exactly do you need to physically be inside the USA to run the business?

Rene

Re: E2 - IT Consulting business - Please guide..
 

Good question, thanks. Two reasons. My specific technology domain has much brighter scope in the US market than in the UK, it is extremely hard to develop the required business relationship from outside the US. The other is family reasons. I researched the family route (F4) but that has got a very long wait period and effectively beyond my productive age!!

Re: E2 - IT Consulting business - Please guide..
 

Thanks. USCIS isn't going to care about the family part of your reason, so you must provide good evidence of why you need to be in the USA to run the business.

sorry, I don't know the answer to your other questions, other than that lawyer can be in the USA.

Rene

Re: E2 - IT Consulting business - Please guide..
 

Well noted. Thank you. I will ensure the business proposal provides evidence and rationale for the physical presence to develop the business.

Re: E2 - IT Consulting business - Please guide..
 

Consultancy generally means you'd attend client sites right? - I work in IT, and I've got various relationships with vendors and consultants, namely on the big data / analytical side - but, i can't work with them remotely, i need them in the same building as me.

Out of interest, what's the specific technology ?

Re: E2 - IT Consulting business - Please guide..
 

Yes, client onsite engagement is absolutely required. Tech is Applied AI, ML, and DL.

Re: E2 - IT Consulting business - Please guide..
 

Jack8602,
Are you from Dallas/FW area? It is one my target area for setting up the business other than NY and CA.
Please advise if there is good demand there in my domain. How is the Bigdata, Data Science market there?
Did you use E2 route or usual H1-B/L1 route?
Thanks.

Re: E2 - IT Consulting business - Please guide..
 

Re: E2 - IT Consulting business - Please guide..
 

One thing I have noticed is a lot of companies here seem to do things in-house, especially as far as data is concerned. The company I work for were looking at third party entities to provide some data work for us, in the end we hired a Data Scientist and two new DevOp guys.

For reference I work in the financial/digital sector for one of the top 3 financial/currency companies, and I'm a Technical Architect. Not saying there isn't a market for consultancy, but it would seem to me that your best bet would be to get in with company that would be willing to transfer you and your family out further down the road. Have you explored that avenue? As Nutmegger said, E-2 isn't a particularly good visa to be on.

Re: E2 - IT Consulting business - Please guide..
 

This is a good market to be in and I can see the "need" to be physically present.

Presumably you could invest in people, right? I know it's a tougher sell, but you cant just up sticks and move back to the UK if the company is dependent on it's employee's knowledge and said employees are US based. You're chatting about "recruiting freshers" and "training" them - do you intend to invest in them monetarily, or just in time?

It's not uncommon for employers in the US to sponsor further education and training for employees and put an employment clause that if they leave in x years they have to refund the cost of said training.

Presumably if you take 3 freshers and enroll them in 2 or 3 training courses over a two year period, these will run to 10k per person at least - that's irreversible investment in your business. (to the tune of 20-30k)

As it is, I see your biggest market being Industrials, actually. Industrial IOT and big data is still very dependent on contract resources.

I'm a Sr Manager for Digital Engineering for a major US conglomerate, if it helps for reference.

Re: E2 - IT Consulting business - Please guide..
 

Hi,
Thanks for the response. My understanding is that it is the same case for H1B or L1 visa too - children age out and have to leave the country at age 21. Please correct me if I am wrong.
The plan is at the age of 21 my children would be in university hence easy to switch them to F1. After graduation (at least M.S), recruit them in my company as E2 employee or they have the option to go for H1B with another company. If they like to move to any other country I don't mind too. How does that sound?

Re: E2 - IT Consulting business - Please guide..
 

Hi,
Thanks for the response. Great to know that you are a Tech Arch.
You are right. In the UK too, we (consultants) go in and do the proof-of-concept, develop a minimum viable product (MVP) or solution and handover to internal staff ( or help them to recruit right staff) and we are off to the next gig. Roughly every engagement last for 12 to 24 months (some tend to be exceptionally long). I take your point, to join an L1 capable multinational company in the UK but I have to work for at least 1 year here as a permanent employee (which pays peanuts!) - it is my last or worst-case option.
Other than the children aging out issue, do you see any particular professional issues with E2? In terms of contracting/consulting with US companies particularly in our domain (data science, advanced analytics, AI and machine/deep learning side). Thanks a lot.

Re: E2 - IT Consulting business - Please guide..
 

Hi TheKingOfHearts,
Very good suggestion, Thank you. Training budget is a great idea to increase my financial investment commitment. Yes, I will recruit CS graduates and put them on domain-specific training. I will do the research on US training providers and obtain a quotation.
Also, it is encouraging to know that there is a good scope for contracting roles. At the moment I am thinking of the following 3 main regions - not in order of preference, please share your thoughts and experience.
1. NY (Finacial sector) - I have done many years of Banking (Investment and Retail) and Financial IT. (Should I consider Chicago too?)
2. CA (any sector) - Using hardcore IT skills (make use of all hot in-demand stuff)
3. TX (Dallas/FW or Austin) - Any sector - using standard IT stuff
But not interested in "sweatshops" like Amazon, Facebook, etc

Having spent 20 years in London, I would prefer a smaller town and quieter place than NY/Chicago but not sure if the Banking/Finance sector IT (back office) is popular elsewhere in the US. Any advice? Hence, I am open to any other sector (but stick to IT only) in favor of better quality of living.

Thanks.

Re: E2 - IT Consulting business - Please guide..
 

The E2 will have to be renewed every few years, and USCIS is notoriously picky about those renewals - unless you can prove you are gainfully employing USCs and the business is more than subsistence it seems they are routinely denied. Not advice specifically, but something to bear in mind.

Good luck.

Re: E2 - IT Consulting business - Please guide..
 

Point noted. Thanks. I really want to put full effort to go big or go home. I hope in 2 years, I should have at least 4 full-time USCs on my payroll.

Re: E2 - IT Consulting business - Please guide..
 

On the H and L visas, the parents' objective is always to shift to a green card asap, thus securing the future for all the family. The E visa does not offer that option; Yes, the child can remain in the country on the F as long as they are in college. However, upon graduation they have to leave. Employing them yourself would be a stretch and I have't heard of it being done (and surely, if it was possible, we would have heard on the forum) -- the objective of the visa is to offer employment to Americans, and not having done so could be cause for non-renewal. This can't be a subsistence business for your family. If the children would "like to move to any other country"? They wouldn't have any option but to do so, even if they had spent the majority of their lives in the US!

Re: E2 - IT Consulting business - Please guide..
 

I would recommend GHK in London. They have been excellent with our E2s and are dedicated to US immigration matters. I will PM you a name to ask for and my name to use as a referral.

You've largely got everything correct but you are at risk of falling foul of the 2 biggest hurdles with E2 visas.

Firstly, it cannot be a subsistence business. Appreciable growth needs to be forecast in a reasonable and justified manner in the business plan that you present as part of your case. Hopefully your market knowledge can sustain this need. Bear in mind, the consular officers that deal with E-2s must have business degrees for this very reason. They will understand your proposal, therefore it needs to be solid.

Secondly, your investment. I have heard of $50k being acceptable for a consulting business, but of course you still have to somehow spend that. The way to look at it is purchasing something that is never going to yield you interest or anything meaningful back should you decide to pull out. A commercial property lease is by far the easiest way to achieve this. You could also consider hiring an employee straight off the bat (in your case, sales is probably the most obvious). I think it's likely that you won't get more than 2 years on your first visa, given your commercial plans are naturally constrained by their very nature.

The problem with the $50k is that the immigration climate seems to be quite hot and bothered right now, and it's possible that E-2 applications need to be more rock solid than ever. We are seeing an increase in other visas getting more heavily scrutinized with the current government administration, and it's totally plausible to consider that you might fall foul of that too.

The attorney I'm referring you to will be able to counsel better than anyone else on here for this more borderline E-2 case. Ultimately, you're taking a bit of a risk with your application in my opinion, just because point 1 and 2 are naturally constrained by concept of consulting as a whole. Just be sure you understand and recognise that.

Otherwise, all of your understandings are correct to my knowledge, and you've come in here more informed than most, when it comes to getting an E-2. A lot of people will tell you they are the visa from hell because it's so difficult to transition to a greencard. Ultimately they work for quite a number of us.

Re: E2 - IT Consulting business - Please guide..
 

Yep, I'm in between both cities.

The market here for anything IT is huge and demand keeps increasing. If you go down to Austin or Houston, even more so.

I moved on an L1

Re: E2 - IT Consulting business - Please guide..
 

Not all Businesses are suitable for an E2

You would be effectively a Manager

Would not surprise me that with a 4 person office your investment would be higher than you expect and I assume the wageroll for those positions would not be insignificant.

I would anticipate a lot will depend on the specifics of your business plan and meeting those goals.

Re: E2 - IT Consulting business - Please guide..
 

Speculative hiring costs don't qualify as part of the initial investment though, do they? It has to be an irrevocable commitment and given you can hire and fire with impunity here, it's almost certainly too easy to get out of. It would be useful for the business projections, however.

Re: E2 - IT Consulting business - Please guide..
 

That was not focussed on the visa aspect.

Re: E2 - IT Consulting business - Please guide..
 

Hi shiversaint,
Thank you so much. I sent a PM note to you and will contact GHK London. :thumbsup:

Re: E2 - IT Consulting business - Please guide..
 

Thanks Jack8602. Do you know if any Banking/Financial sector employers in Dallas/FW direct hiring contractors? Or as usual, we need to go via PS (preferred supplier) agencies?
(In London, we have to always go via few layers of agencies especially with biggies..)

Re: E2 - IT Consulting business - Please guide..
 

Moreover, my plan is to hire 4+ people over 2 years but not immediately - so, I can't put that as an irrevocable investment now. Same with training budget but I can get some money locked with training providers with visa approval clause. What say you?

Re: E2 - IT Consulting business - Please guide..
 

As a principal consultant with management responsibility of the overall business. Would that hurt the visa process?

If so, I can switch the gear. Eg. My wife is my UK company secretary and running all admin work past 18 years (contract management, HR works, invoicing, accounts and dealing with my accountant, bank and all sorts of company tasks except doing core IT work).
I could make her the primary applicant for the E2 Visa and I would stay as E2 employee (or just as E2 dependent). But she has a masters degree in paramedics (not practicing) but not any IT stuff. Any problems with this?
How does this plan sound?

Re: E2 - IT Consulting business - Please guide..
 

It is usually recommended that one spouse be a dependent, not a 50/50 partner in the application. That person can then apply for an EAD and work outside the E-2 business -- that might open up the possibility of becoming indispensable to a US business that would be willing to sponsor that person for a green card. So the person who is not the E-2 applicant should be carefully chosen with that in mind.

Re: E2 - IT Consulting business - Please guide..
 

Good point. One of us will remain as E2 dependant and keep the possibility of employment outside of our E2 business (and subsequent EB2/3 GC options open).
Thanks

Re: E2 - IT Consulting business - Please guide..
 

I can see issues, hopefully a combination of a well worked business plan and competent legal advice can resolve them.

Re: E2 - IT Consulting business - Please guide..
 

A good experienced attorney you may want to consult with is J Craig Fong of Fong & Aguino in Pasadena California.

From what you post, my reaction is that it may very well be doable. Good luck.

Re: E2 - IT Consulting business - Please guide..
 

Thank you for this contact, much appreciated.

Re: E2 - IT Consulting business - Please guide..
 

Cheers. Could you please highlight potential issues? or the areas I have to take professional help.

Re: E2 - IT Consulting business - Please guide..
 

Thank you all for the attorneys' contacts given so far.
Could anyone please recommend an immigration attorney (specialist in E2 matters) and setting up business in Dallas/FW area?
After doing some research, local knowledge helps a lot in business plan preparation for E2 cases. As Jack8602 mentioned above, this area has a better chance of success for my business idea.

Re: E2 - IT Consulting business - Please guide..
 

I have been in the EXACT same position as you 3 years ago. Luckily, thanks to my lawyer, the E2 got approved however it has been difficult to get customers over here. Sadly my business did not make as much money or hire as many people and thus the renewal is not an option and my visa expires very soon :(
It's difficult. VERY. They all want to know your visa status and they have not even heard of E2 and then they think you mean E3 (Australian).... by law really they have no right in asking but they do ask.

its tough. Spent a ton of money and didn't quite work out.

But Im grateful for having made it this far :)

Re: E2 - IT Consulting business - Please guide..
 

I can't speak to that fully, but i know there are many contract direct hires around DFW, and there's a fair few banking and financial services offices around. A good site for contract openings - https://www.dice.com/

Re: E2 - IT Consulting business - Please guide..
 

Re: E2 - IT Consulting business - Please guide..
 

Hi,
Thanks for sharing your experience. I am also going to try out my luck. If it is not working, we can always come back home - not a big deal.
Could you please share your lawyer details? If you prefer, please PM to me. Thanks.

Re: E2 - IT Consulting business - Please guide..
 

Very good advice. Thanks.
If you don't mind, please share your lawyer details? If you prefer, please PM to me.

I approached a few London based lawyers. They quoted their fees alone £6000 +VAT and some charges £2000+VAT on top for business plan help. This is not including visa/embassy fees.
It looks very high amount to me. Is this exorbitant fee justifiable in terms of the work they do for the E2 visa?
Or just because we are going to invest $90K - "you can afford it, just pay me what I ask" :-(

Please share your thoughts. Thanks

Re: E2 - IT Consulting business - Please guide..
 

90k would be low generally for an E2 so perhaps it looks high in the context, might argue that a low investment equates to more work needed to ensure a success.

Re: E2 - IT Consulting business - Please guide..
 

Apparently, someone in this forum posted that he has done DIY their E2 and then further a few years later EB5 too without lawyers... Other members (Ray) asked him to put the details on the web so that others can find it useful. But I could not find further details. Has anyone seen that thread?