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Some E2 questions/business direction

Some E2 questions/business direction

Old Oct 12th 2013, 9:41 pm
  #1  
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Default Some E2 questions/business direction

I am applying for an E2 visa and have an LLC formed successfully in the US.
it's unfortunate that the process has been put on hold due to the government shut down

The application is being put through the US and not the UK. A US law firm is doing everything in terms of creating and filing the application along with documentation etc...

for those of you who have done this (apply for E2 and been successful) and for those who have the great knowledge, I want to ask what is the best way to keep the business going in order to have the renewal continued or at least initially show some strength/solid foundation?

I have potential business I can take from the UK to the US and already have work in the US from a current client that I will continue to carry out (so instead of doing it through the UK company I have, it will be done through the LLC in the US).

of course, plan is growth but with any new startup/business, it can take some time to have that going. Also with every business, there will always be some downtime for one reason or another (budgets, requirements etc...)

what advice and guidance can you offer?

thanks!
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Old Oct 12th 2013, 10:15 pm
  #2  
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Default Re: Some E2 questions/business direction

That's kind of what your lawyer is for, getting the business plan in place so that you can show the kind of growth that is both attainable and big enough to get a renewal.

Also, if you're keeping the UK venture running, a L1 might have been a potential to consider.
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Old Oct 12th 2013, 10:37 pm
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Default Re: Some E2 questions/business direction

Thanks. no, L1 would not have worked given the size of the company (1 employee me and 1 secretary)
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Old Oct 12th 2013, 11:38 pm
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Default Re: Some E2 questions/business direction

You are NOT applying for an E2 visa, you are only applying for E2 status.
Did your attorney explain to you that you would be landlocked in the US and as soon as you leave the country you would need to apply for a full E2 visa at your home country .
The government shutdown does not effect visas in the applicants homeland.
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Old Oct 13th 2013, 12:17 pm
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Default Re: Some E2 questions/business direction

The only thing that seems to invariably reduce (but not eliminate) the risk of an E-2 not being renewed is employment of USCs/PRs. The purpose of an E-2 is not just a relatively easy way to live and work (for yourself) in the US, but the employment of locals. From everything posted here on BE on the subject of E-2s it appears highly likely that your E-2 will not be renewed if you don't have any employees in the US. It may be cancelled if you do have employees, but if you don't have employees you're facing a return to the UK.

Last edited by Pulaski; Oct 13th 2013 at 12:20 pm.
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Old Oct 13th 2013, 10:12 pm
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Default Re: Some E2 questions/business direction

I think the employees was in connection with the UK business. Must be a big step to go to a new business in a different country and having employees. Presumably something in a different field.
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Old Oct 14th 2013, 3:47 am
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Default Re: Some E2 questions/business direction

Originally Posted by Boiler View Post
I think the employees was in connection with the UK business. ....
Are you confusing it with an L-1, where the overseas (British) operation must continue for the L-1 to continue to be valid, and renewed when required?
..... Must be a big step to go to a new business in a different country and having employees. ....
There was a thread a while back about someone who bought a guest house in New England, on an E-2 visa. Their visa renewal was rejected after the business did not prosper and expand as they had expected, and had no employees. They were left in the usual hole when an E-2 renewal is declined, with a business they could not legally operate, and which was going to lose value rapidly if they had to abandon it and leave the country (which they did have to!)
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Old Oct 14th 2013, 4:01 am
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Default Re: Some E2 questions/business direction

There is I believe no mention of the need to employ for an E2, but you are also supposed to be a manager/operator.

The B&B was very successful, a B&B is inherently unsuitable for an E2. There E2 was not refused, they were did not like the need for the renewals and the uncertainty of obtaining a renewal.

They chose the wrong visa. As it seems is often the case with the E2.
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Old Oct 14th 2013, 4:09 am
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Default Re: Some E2 questions/business direction

Originally Posted by Boiler View Post
.....They chose the wrong visa. As it seems is often the case with the E2.
It is doesn't matter what the situation is, an E-2 is generally the wrong visa!
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