Rob007

Hello Expat Experts

I am currently holding a British Passport and working in UK on my own Limited Company as a IT consultant, I am looking to start a new IT consultancy by incorporating a LLC in USA and apply for E2 Visa, So I got 3 options as below, please if someone can provide some guidance on the approach that would be great

1. Expand the existing the Consultancy business based in UK by incorporating a LLC in USA with same/similar brand name for North American operations. the advantage of using the same company name/ brand name is that I can demonstrate the US visa issuing authority that I got some experience of successfully running a business and I can generate some decent income. the disadvantage is I no longer like the name of the existing company and would like to have good and punchy branding to expand.

2. Second option is to start new LLC with new name etc, but I am not sure if Visa Issuing Authority will be convinced enough looking at the new company with no customer base and only around $50K investment showing in bank account.

3. 3rd option is buying an existing business in USA, I need some input and approach to buy a consultancy business in USA with no Assets & Liabilities that is operational and being used for IT resources billing purposes.

Thanks in advance
Rob

Noorah101

I would suggest having at least a 1-time consultation with an immigration attorney. I don't think E-2 visas are DIY.

Rene

Pulaski

I agree you need more specialist advice than you are likely to find here, but I would point out that all three of your alternatives have the potential, if organized appropriately (owned and operated as an arm of the UK-based parent), to support an L-1 visa, which has some significant advantages over an E-2.

civilservant

This was my thought too. I would seriously look at this avenue rather than the E2 (which we colloquially call here on BE 'the visa from hell')

S Folinsky

If you want a legal consultation, I recommend J Craig Fong of Fong & Aquino in Pasadena CA. (Pasadena is Los Angeles adjacent).

From your post I discern possibilities other than those oft mentioned. J will figure out possible paths including upsides and downsides.

Good luck.

shiversaint

I am on an E-2. If L is an option for you, go for it. E2s are most definitely a visa from hell.

tht

If its a 1 man band, the L may not work, the home entity need to keep operating as well as the branch you set-up.

As others have advised invest in speaking to an experienced US based immigration lawyer if you are serious about doing it.

shiversaint

What's so important about a lawyer being US based? Most of these processes operate from outside of the US so that doesn't make a lot of sense to me. The E-2 process if petitioned within the US is notoriously awful.

tht

From my experience with other visas (never done an E-2) the US immigration lawyers I have engaged know the US system and UK ones I have engaged know the the UK system. Since every immigration related matter I have worked on was done remotely it has never been an issue.

S Folinsky

They need not be US based. That said, there US licenced lawyers who practice abroad. I know several who practice in the UK.

Pursuant to US regulations, a foreign lawyer cans engage in representation before the US agencies if they are not practticing in the US.

(I used to do a lot of consular work before the US Embassy in Seoul. My interview to obtain my Korean business visa was interesting).

Rob007

Pulaski,
Thanks for the reply, my business is not big enough to get an L1 Visa

Rob007

Shiversaint, L visa is not an option for me at the moment

When you say "E2s are most definitely a visa from hell", Please can you elaborate what are the issues you faced/ facing

is it difficult to obtain a E2 Visa approval or Visa is not good enough to meet your requirements ?

any input is greatly appreciated

Thanks
Rob

Rob007

Hi Guys

Thanks for the replies, after some research, I managed to incorporate a LLC in Delaware on different name than by UK Ltd Company and received incorporation documents this week.

Now STEP-2 is to open a US Business Bank Account, due to Corona Pandemic I am not in a position to physically travel to USA at the moment

Please can someone suggest a reliable Business Bank Account that can be opened online / remotely?

Thanks in advance
Rob

scrubbedexpat099

As far as a Bank Account is concerned best person to speak to would be your Accountant, not sure if it is possible, also begs the question why you need one.

Did you speak to an Immigration Lawyer, by no means clear if your Business would support a E2 application, where do you intend to be based, have you potential Employees lined up?

Rob007

I don't have an Accountant yet, the reason for a business account is to transfer some funds into the business as an investment, do you think accountant can help me out with it?

I checked with few people that my business would support the E2 visa, I am intending to be based in California and still in the initial stages of hiring potential employees and contracts etc
I am taking step-by-step approach, hopefully everything will fall in place