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Visa help and recommendations for an Immigration Lawyer

Visa help and recommendations for an Immigration Lawyer

Old Dec 3rd 2019, 7:05 pm
  #16  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Originally Posted by Boiler View Post
L would seem more obvious and yes the Business needs will determine location, why would you set up a manufacturing plant in a retirement location.
With the costs in CA etc so high I am now seeing finance / tech “onshore” to FL and NV and to a lesser extent TX for some of the less skilled labor like customer service, back office, also more skilled areas like compliance as well. Robinhood is a good example. But for factory work the rust belt seems to make more sense.
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Old Dec 3rd 2019, 8:06 pm
  #17  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Probably better looking to offshore.
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Old Dec 3rd 2019, 8:50 pm
  #18  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Without knowing the specifics of the product, I'd say it's impossible to say which is the best location. Certain areas have 'niche' manufacturing capabilities and skills. And low-volume / startup considerations are way different from volume / steady state considerations. Also, cheapest facilities may not coincide with cheapest labor, and cheapest labor may not coincide with the right skill-set.

But equally important, if the OP wanted to absolutely maximize his ROI, then maybe he should locate himself in Dogturd, Michigan but maybe he's willing to sacrifice a bit of profit for a happier lifestyle ....
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Old Dec 3rd 2019, 11:47 pm
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Default Re: Visa help and recommendations for an Immigration Lawyer

I must say I don't understand this situation at all.

In their earlier post the OPs said they would like a warmer climate to spend the winter there and the summer in the UK. This does not sound like someone who is intending to start up any kind of substantial manufacturing plant in the US .....

They were talking about Sarasota - which. to me, indicates they have not thought seriously about this venture at all; and let's not forget about 'getting the works visas easily'
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Old Dec 4th 2019, 3:18 am
  #20  
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Default Re: Visa help and recommendations for an Immigration Lawyer

E2 is an investment visa not a work visa.
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Old Dec 4th 2019, 5:01 am
  #21  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Originally Posted by Boiler View Post
E2 is an investment visa not a work visa.
Within the context of what the OP is describing, it would seem to meet his needs.

From - https://www.visapro.com/work-visas/e1-visa/faq2/

3. What privileges do I enjoy on E-1 visa?

On E-1 visa, you may:
  1. Work legally in the U.S. for a U.S. company where more than 50 per cent of the business is trade between the U.S. and your home country
  2. Travel freely in and out of the U.S.
  3. Stay in the U.S. on a prolonged basis with unlimited two year extensions as long as you maintain E-1 qualifications
  4. Bring your dependents to the U.S. Your spouse can also work in the U.S.
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Old Dec 4th 2019, 5:21 am
  #22  
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Default Re: Visa help and recommendations for an Immigration Lawyer

So many options, so little information.
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Old Dec 4th 2019, 6:00 am
  #23  
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Default Re: Visa help and recommendations for an Immigration Lawyer

I may have missed it, but I haven't yet seen the OP mention that s/he has read the official US Department of State's information regarding mandatory criteria to qualify for either an E1 or E2 visa.

https://travel.state.gov/content/tra...or-visa-e.html
To qualify for a Treaty Trader (E1) visa
  • You must be a citizen of a treaty country.
  • The trading firm for which you plan to come to the United States must have the nationality of the treaty country, meaning persons with the treaty country’s nationality must own at least 50 percent of the enterprise.
  • The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
  • More than 50 percent of the international trade involved must be between the United States and the treaty country.
  • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
  • You must be an essential employee, employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify.
To qualify for a Treaty Investor (E2) visa
  • The investor, either a person, partnership or corporate entity, must have the citizenship of a treaty country.
  • If a business, at least 50 percent of the business must be owned by persons with the treaty country’s nationality.
  • The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
  • The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
  • It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
  • You must have control of the funds, and the investment must be at risk in the commercial sense. Loans secured with the assets of the investment enterprise are not allowed.
  • You must be coming to the United States to develop and direct the enterprise. If you are not the principal investor, you must be considered an essential employee, employed in a supervisory, executive, or highly specialized skill capacity. Ordinary skilled and unskilled workers do not qualify.

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Old Dec 4th 2019, 3:53 pm
  #24  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Originally Posted by spouse of scouse View Post
I may have missed it, but I haven't yet seen the OP mention that s/he has read the official US Department of State's information regarding mandatory criteria to qualify for either an E1 or E2 visa.

https://travel.state.gov/content/tra...or-visa-e.html
To qualify for a Treaty Trader (E1) visa
... (snip) ...
  • The international trade must be substantial, meaning that there is a sizable and continuing volume of trade.
  • More than 50 percent of the international trade involved must be between the United States and the treaty country.
  • Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other.
... (snip) ...
To qualify for a Treaty Investor (E2) visa
... (snip) ...
  • The investment must be substantial, with investment funds or assets committed and irrevocable. It must be sufficient to ensure the successful operation of the enterprise.
  • The investment must be a real operating enterprise, an active commercial or entrepreneurial undertaking. A paper organization, speculative or idle investment does not qualify. Uncommitted funds in a bank account or similar security are not considered an investment.
  • It must generate significantly more income than just to provide a living to you and family, or it must have a significant economic impact in the United States.
... (snip) ...
I believe he said he's been advised that he's good to go, but ... I believe he's also now questioning how good that advice was! I've selected what I think are the challenging bits of the rules from the OP's perspective. Will be interesting to see if he can meet all these - good luck!

Last edited by Steerpike; Dec 4th 2019 at 4:04 pm.
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Old Dec 4th 2019, 5:03 pm
  #25  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Originally Posted by Steerpike View Post
I believe he said he's been advised that he's good to go, but ... I believe he's also now questioning how good that advice was! I've selected what I think are the challenging bits of the rules from the OP's perspective. Will be interesting to see if he can meet all these - good luck!

At the beginning of this and the OP's other thread he/she gave the impression they had received advise about their move and that getting work visas would be easy etc. Now they are asking for recommendations for an immigration lawyer; state they don't know about the US market and, now, wonder, where in the US they should set up a manufacturing plant. In addition there has been no mention of having any investment resources.
I really don't believe they have any idea as to what it takes to start up a business in the US.
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Old Dec 4th 2019, 10:56 pm
  #26  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Hi there - yes I seem to have inadvertently stirred a bit of a hornets nest.

Some of the comments have been very useful. We have taken on a US lawyer and London representative and it transpires we will get an E-1 visa as our company has been exporting to USA for over 15 years and we fulfil the criteria so this would suit us. We don't plan to go onto a green card.

We still need to find a location to live and don't need to live anywhere near the factory that will makes our product as this can be located anywhere. What would you suggest? how do I contact members of the group who are Florida based for more accommodation than relies upon their local knowledge as that is what we really need.

Best Wishes
Chris
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Old Dec 4th 2019, 11:01 pm
  #27  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Thanks for that advice.

We won't need to live anywhere close to where it is manufactured - so I think you are right - when we look into the manufacturing costs more closely we will definitely look at the midwest options.
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Old Dec 4th 2019, 11:21 pm
  #28  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Originally Posted by ukcclarke View Post
Hi there - yes I seem to have inadvertently stirred a bit of a hornets nest.

Some of the comments have been very useful. We have taken on a US lawyer and London representative and it transpires we will get an E-1 visa as our company has been exporting to USA for over 15 years and we fulfil the criteria so this would suit us. We don't plan to go onto a green card.

We still need to find a location to live and don't need to live anywhere near the factory that will makes our product as this can be located anywhere. What would you suggest? how do I contact members of the group who are Florida based for more accommodation than relies upon their local knowledge as that is what we really need.

Best Wishes
Chris
You will apply for a visa -- nothing is a given. Again, you keep saying that you don't need to be anywhere near your plant. Surely your legal counsel has explained that doesn't look good in terms of the necessity for you to live in the US? You are going to need a very good business plan.
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Old Dec 4th 2019, 11:31 pm
  #29  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Possibly manufacturing is different than some other businesses. In our case we make around 15 products - some are fabric, others are metal bending, most are injection moulds and 2 are blow moulded.
We don't live anywhere close to any of the factories we make our items - that is because we don't own the factories - we just source the best manufacturer of a particular item and place an order with them and then move the goods to a central place - Which could be our warehouse (or even a third party fulfilment centre). It would be impossible for us to live close to where they are made. I probably didn't explain that very well before.

Therefore we don't need a plant and have a 15 year track record of sales into the US - we would struggle to get most of the other categories of visas but the E1 suits exactly what we need as we don't intend to live in the USA indefinitely but do want to expand our business.

Which is why we now need to look at where is best to base ourselves.
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Old Yesterday, 12:22 am
  #30  
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Default Re: Visa help and recommendations for an Immigration Lawyer

Originally Posted by ukcclarke View Post
Possibly manufacturing is different than some other businesses. In our case we make around 15 products - some are fabric, others are metal bending, most are injection moulds and 2 are blow moulded.
We don't live anywhere close to any of the factories we make our items - that is because we don't own the factories - we just source the best manufacturer of a particular item and place an order with them and then move the goods to a central place - Which could be our warehouse (or even a third party fulfilment centre). It would be impossible for us to live close to where they are made. I probably didn't explain that very well before.

Therefore we don't need a plant and have a 15 year track record of sales into the US - we would struggle to get most of the other categories of visas but the E1 suits exactly what we need as we don't intend to live in the USA indefinitely but do want to expand our business.

Which is why we now need to look at where is best to base ourselves.
if it’s just about warm weather and proximity to the US why open yourself up to US tax residency... I’m sure you can buy PR or even a citizenship in multiple islands in the Caribbean much cheaper... IMO it’s worth the tax is you live here and get all the benefits, but what your proposing does not seem like a smart business move, I am not sure you can buy health Insurnace for only 6 months a year etc.
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