Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

For an E2 visa, do you need to apply where you are resident or where a citizen?

For an E2 visa, do you need to apply where you are resident or where a citizen?

Old Mar 17th 2013, 10:09 am
  #16  
Forum Regular
 
Joined: Jun 2012
Posts: 157
bubble123 is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Just out of interest does anyone know if it is possible to get an E2 visa with a crimial record? Currentley had 4 waivers for B2.. I know they completley different visas & every case is different. So i just wondered if it is a complere NO go or can be done depending.. Thanks in advance..
bubble123 is offline  
Old Mar 17th 2013, 1:09 pm
  #17  
Account Closed
 
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
ian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond reputeian-mstm has a reputation beyond repute
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by bubble123
Just out of interest does anyone know if it is possible to get an E2 visa with a crimial record?
Is it possible? Yes. Is it likely? Probably, with a waiver. Can you get one? No idea... but you'll never know unless you apply.

Ian
ian-mstm is offline  
Old Mar 17th 2013, 2:42 pm
  #18  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Boiler
Remember getting the E2 is one thing. Renewing another.

As has been said down to your business plan. Devil in the details.
The E-2 visa is a strange visa. We know it as "the visa from hell" for small businesses but large companies sometimes also use it to transfer executives and the employee can get a green card via EB1(c).

I'm not sure if his plan will work like the former or the later and whether being a passive investor in a SPV is eligible for an E-2 visa. Besides my understanding is that an SPV is usually a trading vehicle with primary financing from investors (probably American investors in this case). So just because the SPV may have $10 million in investments, that does not mean that the company or the person on the E-2 visa has that much skin in the game. SPVs also got a very bad reputation during the credit crisis where banks such as Citigroup had over 500 setup in the Cayman Islands to get around US banking regulations and taxes and created most of their losses.

http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

Last edited by Michael; Mar 17th 2013 at 4:02 pm.
Michael is offline  
Old Mar 17th 2013, 5:08 pm
  #19  
Forum Regular
 
Joined: Jun 2012
Posts: 157
bubble123 is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by ian-mstm
Is it possible? Yes. Is it likely? Probably, with a waiver. Can you get one? No idea... but you'll never know unless you apply.

Ian
Thanks
bubble123 is offline  
Old Mar 19th 2013, 1:52 pm
  #20  
Forum Regular
Thread Starter
 
Joined: Apr 2012
Posts: 78
marbella-james is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Michael
The E-2 visa is a strange visa. We know it as "the visa from hell" for small businesses but large companies sometimes also use it to transfer executives and the employee can get a green card via EB1(c).

I'm not sure if his plan will work like the former or the later and whether being a passive investor in a SPV is eligible for an E-2 visa. Besides my understanding is that an SPV is usually a trading vehicle with primary financing from investors (probably American investors in this case). So just because the SPV may have $10 million in investments, that does not mean that the company or the person on the E-2 visa has that much skin in the game. SPVs also got a very bad reputation during the credit crisis where banks such as Citigroup had over 500 setup in the Cayman Islands to get around US banking regulations and taxes and created most of their losses.

http://www.uscis.gov/portal/site/usc...00b92ca60aRCRD

The funding for the SPV comes from the main fund which based out of Gibraltar, that in turn is funded by investors. We do not solicit Americans due to SEC laws-we just make the investment in the US property market both residential and commercial. The SPV is just the holding and managing entity for the investments within the US. We are fully compliant with US Tax laws under FACTA. Our Lawyers are confident that we can gain E2 Visa approval as a company rather than the individual. feel free to take a look www.temple-rock.com and let me know your thoughts. James
marbella-james is offline  
Old Mar 19th 2013, 1:53 pm
  #21  
Forum Regular
Thread Starter
 
Joined: Apr 2012
Posts: 78
marbella-james is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by bubble123
Just out of interest does anyone know if it is possible to get an E2 visa with a crimial record? Currentley had 4 waivers for B2.. I know they completley different visas & every case is different. So i just wondered if it is a complere NO go or can be done depending.. Thanks in advance..
I would have said that as its a NIV then you would apply in the same way for the same type of waiver-212d3 or such.
marbella-james is offline  
Old Mar 19th 2013, 1:57 pm
  #22  
Forum Regular
Thread Starter
 
Joined: Apr 2012
Posts: 78
marbella-james is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Boiler
Remember getting the E2 is one thing. Renewing another.

As has been said down to your business plan. Devil in the details.
I agree with you, but it worth noting that fund is fully operational and taking in money. This is no fly by operation that was dreamed up overnight; lot of people and large household names involved.
marbella-james is offline  
Old Mar 19th 2013, 2:31 pm
  #23  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

I wonder how many on here qualify to enter your site.
scrubbedexpat099 is offline  
Old Mar 19th 2013, 6:19 pm
  #24  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by marbella-james
The funding for the SPV comes from the main fund which based out of Gibraltar, that in turn is funded by investors. We do not solicit Americans due to SEC laws-we just make the investment in the US property market both residential and commercial. The SPV is just the holding and managing entity for the investments within the US. We are fully compliant with US Tax laws under FACTA. Our Lawyers are confident that we can gain E2 Visa approval as a company rather than the individual. feel free to take a look www.temple-rock.com and let me know your thoughts. James
I'm suspect that the SPV setup by your company is legitimate since it is not used like many banks used them prior to the credit crisis to get around FCC regulations and taxes by setting up a post box address in the Cayman Islands and then selling the securities on wall street, London, and other financial centers around the world.

Also I suspect that the interviewing officer at the Embassy doesn't even know what a SPV is and since the money is coming from overseas and not US investors, that should be a major plus in acquiring an E2 visa.

However I have never heard of a visa being issued for a company and not an individual so that is where I have my greatest doubts

Last edited by Michael; Mar 19th 2013 at 6:42 pm.
Michael is offline  
Old Mar 19th 2013, 6:32 pm
  #25  
Bob
BE Site Lead
 
Bob's Avatar
 
Joined: Aug 2004
Location: MA, USA
Posts: 92,167
Bob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond reputeBob has a reputation beyond repute
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Michael
However I have never heard of a visa being issued for a company and not an individual so that is where I have my greatest doubts
It's how Philips bring people into the US, or how they did. E2 based company brings in people from the base country.
Bob is offline  
Old Mar 19th 2013, 6:36 pm
  #26  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Bob
It's how Philips bring people into the US, or how they did. E2 based company brings in people from the base country.
Not really. The visa is issued to the executive based on his need by the company. Since he is a passive investor in the company, he have no active role in the company. An E2 visa is similar to a L-1A visa for executives but some companies chose to use the E2 visa for reasons unknown to me but possibly due to the lack of the one year requirement working for the company that is required for a L-1A visa transfer.

Last edited by Michael; Mar 19th 2013 at 6:44 pm.
Michael is offline  
Old Mar 20th 2013, 1:14 am
  #27  
Account Closed
 
Joined: Mar 2004
Posts: 2
scrubbedexpat099 is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Michael
Not really. The visa is issued to the executive based on his need by the company. Since he is a passive investor in the company, he have no active role in the company. An E2 visa is similar to a L-1A visa for executives but some companies chose to use the E2 visa for reasons unknown to me but possibly due to the lack of the one year requirement working for the company that is required for a L-1A visa transfer.
It can be renewed indefinitely.
scrubbedexpat099 is offline  
Old Mar 20th 2013, 1:23 am
  #28  
Lost in BE Cyberspace
 
Michael's Avatar
 
Joined: Jun 2008
Location: San Francisco Bay Area
Posts: 10,678
Michael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond reputeMichael has a reputation beyond repute
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Boiler
It can be renewed indefinitely.
I forgot that an E2 visa can be renewed indefinitely but that seems like a relatively unimportant issue since most executives fall under EB1(c) and getting green cards shouldn't be much of a problem.
Michael is offline  
Old Mar 20th 2013, 9:02 am
  #29  
Forum Regular
Thread Starter
 
Joined: Apr 2012
Posts: 78
marbella-james is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Michael
Not really. The visa is issued to the executive based on his need by the company. Since he is a passive investor in the company, he have no active role in the company. An E2 visa is similar to a L-1A visa for executives but some companies chose to use the E2 visa for reasons unknown to me but possibly due to the lack of the one year requirement working for the company that is required for a L-1A visa transfer.
This is exactly why our lawyers chose the E2 as it is simpler to transfer employees across than an L1 as the fund hasnt been operational for more than a year. We are having the company authorized 1st then the individual employees. This is due to the size of the company-Most E2 applicants are individuals and and trying to invest the bare minimum whereas we are investing in blocks of $10mn.
marbella-james is offline  
Old Mar 20th 2013, 9:06 am
  #30  
Forum Regular
Thread Starter
 
Joined: Apr 2012
Posts: 78
marbella-james is an unknown quantity at this point
Default Re: For an E2 visa, do you need to apply where you are resident or where a citizen?

Originally Posted by Boiler
I wonder how many on here qualify to enter your site.
Actually most people can qualify except Americans due to FACTA.
marbella-james is offline  

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.