pegaso

Hi - just to let you know the current situation regarding my own E2 Treaty Investor application process, which might help others.

Timeline:

April 14th 2009 E2 Application received by London Embassy

May 12th 2009 Email received (very polite!) from Embassy inviting interview date (us to let them know a suitable date - I put June 11th or after)

May 13th 2009 Email received confirming interview date and time (June 11th at 8am) - almost too quick!

Only additional evidence requested is company P&L for 2009 to date and Fed form 941 to date (quarterly FUTA return).

For info, I am owner of a small company (>$1m), been established in the States for 6.5 years (18 years in UK), L1A runs out totally in Sept 2009, GC denied in June 2008, currently in Appeal at AAO for 8 months.

Hope this helps - our attorney, Erica Tomlinson (sacimmlaw.com - we redid their web site!) recommended getting the application in before the Summer rush, which seems to have worked. Of course, it's not over till it's over, but keeping fingers crossed.......

Good luck out there!!!

Cheers

MsElui

if you dont mind me asking - what reason was given for the gc denial?

Ray

There will be no summer rush this year....

pegaso

They were doing a heavy audit on L1A GC applications at the time apparently, and refused believe I was or had been either a Director of my company in the UK for 18 years, or in an applicable CEO position in the US for 6 years (50% owner and Director of both companies). They reckoned my employee was not in a 'professional' position, even though her degree actually related precisely to the job position, so claimed I was a supervisor, not a manager. We use a lot of contractors for projects, so don't need many full time employees from a business point of view. Our appeal will blow them out of the water if any sort of common sense prevails, but as we all know, what are the chances of that.........

Steve23

Dear Pegaso,

I see from your post that you were scheduled to have your appointment for E-2 on Friday last? I am not stalking, but sounds like I am in a similar situation, all though you managed to successfully renew your L1, whereas I am struggling to!

I've have been issued an RFE for my L1A extension. My original L1 expired on May 26th. I have until 16th July to respond to RFE. Lawyer is now suggesting that I either withdraw my L1 petition, or let it expire, and instead file for an E2.

My fear is that when I go to the US consulate I will be quizzed on my L1 withdrawal, and that this may prejudice my E2 application.
In terms of the company, it has been doing business etc but due to economy and such, just has been struggling to get off the ground and looks like the it may not cut the mustard.

My response to the Consular official if asked what happened would be to first explain the whole thing and that despite my L1 situation, I am fully committed to making the business profitable, evidenced by my willingness to risk a considerable amount of my own money into the venture to see it grow.

I do know that the business has tremendous potential, and I do not want to walk away from it now. It just needs another year or so to see the returns.

Will my L1 history affect my E2 application, and if so, how do I explain away at Consulate?

Hope all went well for you last week and looking forward to your help!

Best

Steve

pegaso

Hi Steve - sorry to hear your predicament.

Our interview in London last week was horrible I'm afraid. That said, we got the E2 for 2 years eventually, after a 40 minute battle with the officer, who was out for blood. We are a small company, but have been in the US for nearly 7 years, and just had our best year, which made it all the more annoying and confusing. At points in the interview I felt like giving up, but maybe it was a test of resilience - the guy seemed unaware of US tax accounting practices, and insulted both my own and my attorney's intelligence on the E2 visa requirements.

End result was a finger-wagging, saying that we'd have to come up with something a lot better in 2 years time if we want to renew successfully.

Re the L1 RFE, we got one last year for our final renewal. I heard that most if not all L1s are getting RFEs, but it depends what they are asking you for, as to whether they are seriously doubting you or just asking for standard info. Ours was standard info, and we got the visa renewed till Sept 09, hence the change to E2 now, to be able to continue the business.

If you go for the E2, don't expect ANY sympathy in the Embassy -world situations are ignored, it seems, and as my wonderful officer stated, it is 'NOT a self-employment visa' (as we know). The 3 items that were heavily criticized in my case were:

1. Investment amount - limited to fixed assets purchased, not salaries or operating costs at all. We outsource a lot of equipment rental etc, so not considered valid, although it is substantial annually.

2. Employment - we have one other full time employee but use a lot of freelance/contracted US labor. Again, not classed as valid by this officer.

3. Profitability/Marginality - again, although we had our best year yet (profit doubled over forecast), the officer seemed oblivious to the fact that net profits can be offset against previous year's losses, hence a zero tax liability. Had to fight this one more aggressively than I would have thought possible/necessary.

I was asked about why I was changing from L1, and gave the answer that I wished to stay and grow the business in the US, following expiry of the L1.

Anyway, sorry I can't be the bearer of great news, but probably best to hear it straight at this point. Of course all cases are unique, so you hopefully will have some good fortune.

Best of luck with it all - let me know if you need more info.

Cheers!!

PS still not heard about GC appeal - now in the AAO for 10 months, but after last week's experience, I think we have no chance of leniency or common sense prevailing.

Steve23

Hi Pegaso,

First off - I am genuinely delighted that you got your E2, congratulations. I fully empathise. great to read that there's some good news still floating around out there in the ether!

Sounds like you got a right drubbing, but came out with the result you wanted.

Looks like my situation will depend heavily on my ability to prove the future profitability of the business. I will get CPA audited projections I think which should assist. I think I'll also need to get the Biz independantly appraised so as to justify the investment amount.

referring specifically to your point on L1, doesn't look like you had much of a reaction to the question. This would be how I would intent to asnwer also. Good to know that having an L1 (allbeit your more "advanced" than mine) denial does not necessarily result in a denial. Theres hope yet!

I'm off to get my ducks in a row, a very long, straight, unremarkable, and water-tight row!!!

meauxna

FWIW, the visas are handled by Dept of State, and the GC applications by USCIS. What applies to one does not necessarily apply to the other agency.
Fingers crossed for common sense!

JCraigFong

At one time in my early practice, I USED to say that dealing with the diplomats of the Department of State was was better than dealing with uneducated, poorly trained, xenophobic, nationalistic culture of "no" that existed in the (then) INS.

Now, I am sorry to say that the culture of "no" seems to have spread into the Consulates as well.

It's just NO FUN being an immigration lawyer (or a prospective immigrant, for that matter) these days.

--J

meauxna

aww, J, I am seeing 'interim retirement' in your future.. a nice Hawaiian beach perhaps?

JCraigFong

LOL
LOL

You've probably picked up on my recent frustration with cases. The RFEs are simply staggering. And stupid!

A friend always reminds me, "You can't save 'em all, Hasselhoff!"

Hawai'i? I'd love to retire to Big Island.

As it is, I'll probably content myself with a 50-50 split between Paris and Palm Springs (Cathedral City, actually). But I won't be able to accomplish THAT for quite a while!

--J

meauxna

heh, struck a nerve eh.
That is what the 'interim' part of it is all about.. take a couple of years off. You can always work later...
(the travel is what eventually took Spain & Greece off the table in our fam.. )

oops, sorry.. /OffTopic

Folinskyinla

Hi:

Have you read the Wang case on CSPA yesterday from the BIA?

The best I can figure out is that they did a cut and paste job of the statutory provision, admit that they have bad eyesight and can's see and therefore to be treated as ambiguous and all Congress meant was to ratify the restrictive things were were doing already.

BTW, Amicus in that case has litigation pending in CDC which was in abeyance pending this case. It is going to be interesting.