JMOT

Hi All,

I've read several guides here and done a little research but now my head is swimming.

Heres the background.

I own a profitable UK online marketing company. Trading as UK Ltd co for almost 2 years now. Year 3 Est turnover high 6 figure level.

All the revenue is generated from UK businesses.

My Partner is at director level in the same online marketing field and is going to be joining my company as a director shortly.

In theory we could operate my business from anywhere in the world as we own all our publishing properties (websites).

We are looking at California for at least a 12 month stay where we would continue to run the UK business (and be paid from this UK business) but also explore setting up similar enterprise targeting US internet traffic. Depending on the type of Visa granted, setting up business to earn money within the US would be a natural progression for us. We'd also use this time based from california to explore other parts of the US and Perhaps South America.

How might the following types of Visa apply to me and my partner?:

E2 business owner
EB5 (possible if a 12 month stay was successful)

or another type of Visa for UK company setting up an office/branch in US?

At any point I could employ more full time staff if needed in the US.

At this stage we are looking at at-least a year to really establish whether the US would be the right long term move for us.

Also, considering approaching these guys: http://www.usvisalawyers.co.uk/index.htm (can anyone recommend anyone similar in London?)

Any help or advice really appreciated.

Thanks, Tom

meauxna

Just for working on your own non-US business, from within the US, you need US employment authorization.

You'll have to enter with some sort of employment visa from the get-go by the sounds of it. You may need to set up the US business before you come.

JMOT

Hmm I did wonder this. Would you happen to know if a Delaware incorporation would be appropriate? Or whether a state registered company where we choose to base ourselves might add more weight to any Visa App....

I sense an expensive trip to the Accountants coming on

Ozzidoc

I sense a discussion with an immigration lawyer with experience of your situation would be the first place to start!

Good luck

JMOT

Thanks for input none the less. Always good to be pre-informed

hoping someone here's done something similar and can comment in the mean time

meauxna

There are lots of threads on the topic if you want to do some snooping. With an exisiting company, you've got a couple of routes potentially available.. E and L come to mind.

I agree that an immigration lawyer (maybe not a one-stop shop) is a more sensible first step vs an accountant.

The point I was making before is that if you want to do *any* working in the US, you need a visa with employment authorization. You can't come as a visitor (VWP or B) for what you describe, and there aren't any year-long schemes that let you come over and work at whatever you want while you decide to start (or not) a US version of your company.

I believe the firm you linked has been recommended here before. One creative-thinking attorney who posts here specializes in business visa work and is familiar with the London Embassy (a boon to a UK applicant). http://www.fongandchun.com