E2 Visa and employing US citizens

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Old May 30th 2015, 12:41 pm
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Default E2 Visa and employing US citizens

Good day to all expat.

I have read through all the threads regarding E2 Visa, but i did not find one at meets my pressing issue.

I have found a business for sale located in Greensboro NC a gas station,
I have a lawyer working my E2 application; I have met his entire requirement.
1) Investment amount
2) Net Profit.
3) Number of employees. Etc.

All I have read online the business must employ 1 full time or 2 part time US employees. No mention of how much they get paid!!!

Now my lawyer emails me and states payroll salary must be a min of $40k combined.
Currently 2-part timers $1500 monthly cost.

I have spoken to other lawyers each say different things on this matter.

I want to know other peoples experience on this matter.
thank you
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Old May 30th 2015, 1:32 pm
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Default Re: E2 Visa and employing US citizens

Originally Posted by ageofpatels
Now my lawyer emails me and states payroll salary must be a min of $40k combined.
Currently 2-part timers $1500 monthly cost.
It sounds as though you'll need to raise their salary by $167 per month each. It'll be a win/win situation for all of you... they get paid more, and you meet the E2 requirements - assuming, of course, that your attorney is correct.

Ian
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Old May 30th 2015, 1:37 pm
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Default Re: E2 Visa and employing US citizens

Thank Ian,

other lawyers that i have spoken to some say there is no min salary, other say need min 2 full time employees, seems like a grey area, i want to know what others did or have when they applyed for the visa,
seriously considing a status change
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Old May 30th 2015, 2:11 pm
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Default Re: E2 Visa and employing US citizens

General comment: the only minimum "requirements" for an E-2 classification is a "substantial" and "non-marginal" investment in a US enterprise, UK nationality, and unique to UK "E" classification is to be "resident in Europe" [language from the 1815 treaty]. Also, on the type of investment, it cannot be solely for the purpose of making a living for the investor.

Past that, it can become quite subjective and based upon what works. OP has asked for experience from posters here. That said, I would wager the legal advice obtained by OP has the same basis -- experience of the lawyer and of her colleagues. The bottom line is whatever works.
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Old May 30th 2015, 2:23 pm
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Default Re: E2 Visa and employing US citizens

I would suggest speaking to a different attorney. We employ 3 full time and did not have to pay a minimum salary
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Old May 30th 2015, 4:16 pm
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Default Re: E2 Visa and employing US citizens

More interestingly how can you run a gas station with just 2 part timers.
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Old May 30th 2015, 5:18 pm
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Default Re: E2 Visa and employing US citizens

the open hours a m-f 7.30am to 10 pm sat-sun9-9
run by 2 part times + owner ft
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Old May 30th 2015, 5:21 pm
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Default Re: E2 Visa and employing US citizens

That I can see being a problem, sounds like you are buying a job not an investment
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Old May 30th 2015, 5:41 pm
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Default Re: E2 Visa and employing US citizens

Originally Posted by ageofpatels
the open hours a m-f 7.30am to 10 pm sat-sun9-9
run by 2 part times + owner ft
Not sure where you plan to be in the USA, but around here gas stations are mostly open 24/7, self-service, with a small mini-mart.

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Old May 30th 2015, 5:51 pm
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Default Re: E2 Visa and employing US citizens

North Carolina

Begs the question have you considered Tornado's?
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Old May 30th 2015, 7:43 pm
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Default Re: E2 Visa and employing US citizens

Originally Posted by ageofpatels
the open hours a m-f 7.30am to 10 pm sat-sun9-9
run by 2 part times + owner ft
How on earth can two part-timers and one full-timer work all those hours? If the two part-timers add up to one full-time employee, that is still a lot for two people to do. Could the problem be that, for the hours the employees put in, they are not getting minimum wage?
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Old May 30th 2015, 7:52 pm
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Default Re: E2 Visa and employing US citizens

The owners basically works the business and have a couple of part timers to come in and help at busy times or give them a break.
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Old May 30th 2015, 8:11 pm
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Default Re: E2 Visa and employing US citizens

will the employees work 40 hours combined, owner and is wife work the rest,
they get $9 ph.
what i want to find out is from other E2 people what did they show for there employees
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Old May 30th 2015, 8:14 pm
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Default Re: E2 Visa and employing US citizens

Originally Posted by Boiler
That I can see being a problem, sounds like you are buying a job not an investment
all E2 visa are jobs in one way or the other, cant sit on your butt and watch EastEnders all day on BBC iplayer
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Old May 30th 2015, 8:15 pm
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Default Re: E2 Visa and employing US citizens

What are your plans to expand employment?
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