GeorgeSpark

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.

Nutmegger

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!

shiversaint

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.

Jack8602

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

scrubbedexpat099

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.

shiversaint

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.

scrubbedexpat099

That was not focussed on the visa aspect.

GeorgeSpark

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

GeorgeSpark

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..)

GeorgeSpark

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?

GeorgeSpark

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?

Nutmegger

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.

GeorgeSpark

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

scrubbedexpat099

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

S Folinsky

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.