Re: E2 - IT Consulting business - Please guide..
Originally Posted by civilservant
(Post 12549872)
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..
Originally Posted by GeorgeSpark
(Post 12549782)
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..
Originally Posted by GeorgeSpark
(Post 12549464)
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.
Constraints:
Just about to do the following for E2 vias preparation.
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..
Originally Posted by GeorgeSpark
(Post 12549558)
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. 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..
Originally Posted by Boiler
(Post 12550071)
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.
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Re: E2 - IT Consulting business - Please guide..
Originally Posted by shiversaint
(Post 12550233)
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.
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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..
Originally Posted by Jack8602
(Post 12550058)
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 (In London, we have to always go via few layers of agencies especially with biggies..) |
Re: E2 - IT Consulting business - Please guide..
Originally Posted by shiversaint
(Post 12550233)
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..
Originally Posted by Boiler
(Post 12550071)
Not all Businesses are suitable for an E2
You would be effectively a Manager 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..
Originally Posted by GeorgeSpark
(Post 12550610)
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. 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..
Originally Posted by Nutmegger
(Post 12550611)
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.
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.
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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. |
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