E2 Visa Application about to Commence
 

Hi All

After a good couple of years of reading this blog with great interest, I am now finally about to embark on the process of applying for my E2 visa.

My circumstances are briefly summarised as follows:

Over the last 2 years, I have invested over £70k in creating and developing an innovative recruitment website, designed with the intention of launching it in America (initially in Atlanta, Georgia then hopefully expanding across South East USA).

Having consulted with a London based immigration lawyer, I have been given a full rundown on all the information I need to collate before the application can by submitted. It is all rather daunting, but i'm going to take it one step at a time.

I thought i'd post an ongoing record of my (hopefully successful) progress towards the E2 visa.

Wish me luck all

Re: E2 Visa Application about to Commence
 

Ok - step 1. My solicitor says i must first of all create a US C Corporation, and also get a Business Bank Account opened.

To this end , I'm now investigating different companies that can assist me with this online. The costs do seem remarkably high, given that it's essentially an administrative process. I'm being quoted $500 for this, plus a further $600 to get the Business Account opened. AND, I must fly to the USA to actually sign the paperwork myself. It all seems rather costly to me..

I will post again when I have managed to complete step one. It's all about baby steps, and taking one step at a time. I have been sent the full list of things required to be done my my lawyer, and it's so long and seemingly onerous that I have decided to focus one one thing at a time.

Let the drama begin

Re: E2 Visa Application about to Commence
 

Are you recruiting? :D

Congratulations on getting your start. :)

Re: E2 Visa Application about to Commence
 

Thank you. I'm really nervous and excited at the same time. It's not every day you embark on something that could change your life.

Ok - first update. I have now paid for the incorporation of my US company, to be based in Georgia. Total cost is $699. I'm being told that it will take 48 hours to receive confirmation of my successful incorporation. I will also be provided with something called an EIN number - apparently, you need this to be able to open up a US Business Account.

They have estimated that it will take 7 to 10 days before my EIN number is assigned to me. At that point, I have to physically travel to Atlanta to open up a Bank Account.

Whilst there, I have decided to also sort out business forwarding address, virtual telephone number etc, to be included on my E2 Visa application form.

The other thing I have to do is arrange for the transfer of the domain name the company will operate under, from my name into the soon to be incorporated US C Corp. As part of the Incorporation Service, I have been allocated a CPA to help advise me on how to do this.

More soon

Re: E2 Visa Application about to Commence
 

Why do you have to be in the US at all if it is a web site?

Re: E2 Visa Application about to Commence
 

I will need a physical presence in the USA in order to actually establish the business. It's not strictly a website business in the sense of, say, e-commerce site. The website will perform the function of matching jobseekers directly with employers, but I will still need an infrastructure of salespeople, relationship managers etc, who will actually a) go out and win new business, and b) manage client relationships.

Another way to put it is that I have basically developed a clever piece of software, which is accessed through the website on the front end. I now need to go and sell this piece of software to my target audience, initially, small and medium sized businesses in Atlanta. Once i've achieved some market penetration in this segment, i'll then try to penetrate some of the larger company accounts.

I'll need a physical presence in Atlanta in order to do this.

I hope this answers it for you and was not too rambling.

Re: E2 Visa Application about to Commence
 

Best of luck!! We are also in the process of investigating this for ourselves and I am looking forward to your updates!

Re: E2 Visa Application about to Commence
 

My latest update is as follows: i'm still waiting for my company, Urecruitme Inc, to be set up and incorporated in Georgia. There was some sort of problem with the process but all has now been resolved. I should receive the incorporation documents by the end of the week, and my EIN number by the end of next week.

Once that's done, I'll have to fly off to Atlanta to open up a business bank account. Whilst there, I'll arrange a business forwarding address and telephone number, as these are also required on the application form.

As an aside, the Mrs has asked me to visit several schools in our chosen area to decide exactly where we are likely to send our 5 year old daughter to (6 in June).

Apart from these administrative tasks, the other bits of information required for the application are:

Business Plan
Proof of Investment (in this case, the cost of developing the website, plus proof that ownership has been transferred to the US company)

Fortunately, I have already got a business plan, although it now needs to be updated and edited. This should not take too long to do.

All being well, i'm hoping to be in a position to submit my application to the US embassy by the second week in April.

Re: E2 Visa Application about to Commence
 

How did you value your investment?

Re: E2 Visa Application about to Commence
 

The investment is valued based purely on the amount of cash actually spent to develop it. As part of the application, I have to provide evidence of the amounts actually spent, via invoices and bank statements. Fortunately, i'm able to do that. I updated the spreadsheet over the weekend, and the total amount is just over £75k. Solicitor says this should comfortably satisfy the investment criteria, especially as the website is way more valuable than it's development cost.

So for my latest update - my corporation has now been created, and I have just received notification of my EIN (Tax Employers) number, as issued by the IRS. This means I'm now able to open up a US Business Bank Account, a critical part of the visa application process.

The bad news is that it must be done in person, so i'm flying over to Atlanta a week on Friday in order to sort out. I'm currently sorting out a business address and phone number, which must be included, both as part of the bank opening process, and the Visa application process. That will be sorted by the end of this week.

Over the weekend, I wrote my detailed 5 year business plan. Solicitor says this is a critical part of the application process. I'm very experienced in writing these, so I don't anticipate any problems with it being accepted by the Embassy.

So, things seem to be on track so far. I'm going on holiday on the 22nd of April, and am hoping to have submitted my application before I leave.

Re: E2 Visa Application about to Commence
 

One thing I've learnt from my process and on BE is to never assume that some particular evidence will just walk though. My visa/petition is completely different but the subjectiveness still applies. What you think might walk it could be questioned, and what you worry about might sail through. Good luck anyhow, but go through that business plan with your attorney again, just to be sure. As you've written so many I'm sure you must know that each one is targeted for a particular audience... right?

Re: E2 Visa Application about to Commence
 

You are of course absolutely correct, and i'm certainly taking nothing for granted. The plan has been submitted to my attorney for review, and he will be well placed to tell me whether he believes it will pass or not.

And yes, i'm aware that Biz Plans are targeted towards different audiences - typically for finance raising purposes. My attorney told me to pay particular attention to the staff hiring plans I had for the business, and to show this over a 5 year period. He says that this is one of the key elements the Embassy are looking at (as well as evidence of overall financial viability) - they want to be convinced that I intend to create employment for the local population, which I do. The proposed number of new jobs to be created far exceeds the required minimum, so I can't imagine there will be any objections on that front.

So yes, in my business plan, I have included a section on my projected hiring plans over the next 5 years (year 1 broken out on a monthly basis).

The business I'm planning to launch is one which I hope will make me very wealthy, and is not just a vehicle to allow me to live in America. Of course, as with absolutely everything in life, there are no guarantees to success.

So the Business Plan put forward has not just been written with the Embassy in mind, but also the Business Angels community as well, whom I intent to approach on arrival in Atlanta. If the business plan is good enough to secure funding from Business Angels, i'm sure it will pass the Embassy test.

Re: E2 Visa Application about to Commence
 

I do know that what makes sense from a business perspective may not make sense from a visa perspective.

Good that you have evidence of external investment costs.

Re: E2 Visa Application about to Commence
 

Thanks for the heads up, it's much appreciated.

So, for my latest update. I have now booked my appointment with a bank in Atlanta (Fidelity Bank) in order to get my Business Account opened. Meeting is booked for Monday 11th April, so i'll be flying out on Saturday 9th April and returning overnight on Tuesday 12th April. A short stay if ever there was one.

My business address and telephone number will be sorted out tomorrow, so, pending the (hopefully) successful opening of the business account, I should be able to submit my application form. This of course, assumes that everything is in order and my attorney gives it the ok.

More soon.

Re: E2 Visa Application about to Commence
 

All

I thought i'd give a further update. I have just heard back from my attorney, who has reviewed my business plan in detail. According to him, it's in very good shape and addresses the key issues that the Embassy will be looking for, namely, Financial Viability, and Staff Hiring plans.

I feel relieved, as I was dreading having to re-write, seeing as it took me the entire weekend to knock up.

The main task now outstanding is to open up a Business Bank account. Meeting is booked for Monday 11th April with the Bank manager in Atlanta.

Once opened, I will have pretty much all I need to submit my application.

I'm keeping fingers firmly crossed. Wish me luck.

Re: E2 Visa Application about to Commence
 

Remember that you will be judged on renewal on the basis of meeting that business plan.

Good luck.

Re: E2 Visa Application about to Commence
 

Boiler

Many thanks. I'll be working really hard to make the business a success - i'll focus on doing the best i can each and every single day, and see where that takes me. With luck it will result in the business meeting it's targets.

I'm trying not to think too far into the future, just focus on what's in front of me and stay consistent with my business plan.

Re: E2 Visa Application about to Commence
 

Could I ask why you choose Georgia as if it is a mainly online business wouldn't Delaware or Nevada be a better choice tax wise?

Also who did you use to set up the business? (if I'm allowed to ask this here, not sure on the rules).

Re: E2 Visa Application about to Commence
 

I chose Atlanta for strategic reasons, as I felt it was the best place to launch this particular business. It's in the technology space (specifically related to professional recruitment) and given it's nature, I felt that the market mix and fundamentals in Atlanta made it the ideal starting point.

A large American City with a thriving business infrastructure, comparatively low business operational costs (premises, salaries, housing etc), a reduced level of technological competition compared to New York, California, Boston etc. These factors, I believe, will give me the greatest chance of achieving market penetration and maximising first mover advantage. With Atlanta being the capital of the South, if I can capture that market, I'll be able to expand to the rest of South East America (which has by far the fastest growing populations and business relocations in America, for many of the reasons stated above).

With hard work and a great deal of luck, if I'm successful in the above, i'll then have a base to expand the business to the Northern states.

This is not to mention the quality of life reasons for starting there - great weather, cheap housing, low cost of living etc. Plus, i'm able to get to the Carribean in less than 3 hours, a huge bonus for me I can tell you.

In terms of who I used to set up the company, not sure i'm allowed to say on here. However, if you google "non residents USA company formation", you will find them on the 1st page.

Regards

Re: E2 Visa Application about to Commence
 

Earlier, I received an email that very nearly gave me heart failure. The bank I was due to be meeting with on Monday to open the account cancelled the meeting without warning - I have already booked my flight, car and accommodation. What a bummer. Fortunately, the agent was able to arrange a meeting with another bank, also for next Monday, so my trip is still on (for now).

I have also managed to sort out a Business Address, Telephone Number and Fax Number, which is good. All I need now is to get this account opened, then formally transfer the domain name from myself into the newly created US company. This should be done by the end of next week at the latest.

After that, it's submission time. I'm getting nervous just thinking about it.

Re: E2 Visa Application about to Commence
 

When I set up our business account I just went into the Bank and did it, 5 minutes?

Wells Fargo

YMMV

Re: E2 Visa Application about to Commence
 

Admittedly, I've never done an E2, my closest effort being an E1 Treaty Trader business set-up.
Isn't a GBP70k investment (that isn't actually invested in the US, but in a virtual entity, created outside of the US - i.e. not utilizing US resources) going to be something of a tough E2 sell?
Doesn't there have to be a 'substantial' at risk investment? I can't see anything substantial or at risk here....

Re: E2 Visa Application about to Commence
 

That's what I was expecting also. But apparently, it's not the case. Ever since 9 11 most US banks are extremely strict in opening up bank accounts for non US Residents. They must carry out an enhanced level of due diligence and "Know Your Customer" assessments. Therefore, it's by no means a foregone conclusion that they will agree to open it. I certainly hope they do, or I'm in a bit of bother.

Re: E2 Visa Application about to Commence
 

The investment will be treated as being invested in the US by virtue of the fact that i'll be transferring ownership of it into a US company. By so doing, the company will immediately have an investment value, which is at least the cost of development, but very probably higher.

In terms of being "at risk", it meets this criteria (according to my attorney) by dint of the fact that the monies have been irrevocably committed and there is already something to show for it. Further, given the nature of the business, it will require, in addition to the website, a physical location in Atlanta from which to operate it.

This will of course require the hiring of local workers to work in the business. The best way of looking at the business is that's it's more akin to a software company than a traditional web based business. That is, whilst the service i'm delivering is adminstered online, I will still need a physical presence within my chosen marketplace in order to trade, certainly during the early years. The hope is that over a period of time, i'll be able to expand the operation to different states and juristictions without the need to have a physical location there.

My attorney is very confident of me getting an initial 3 year visa from the Embassy, based on my conditions. Ultimately, the proof of the pudding will be in the eating, but, at this stage, i'm not particularly worried that the nature of my business / investment amounts will disqualify me from getting the E2 visa. Time will tell, and i'll be sure to tell all on here.

Re: E2 Visa Application about to Commence
 

.....and I certainly wish you the very best of fortune in your venture - perhaps too many people - me included, look at E2 somewhat one-dimentionally - i.e. bring cash to establish or buy an entity that has material substance (rather than intellectual substance).
Presumably, your attorney is happy that your financial investment is not considered to be 'marginal'. I ask, because when I established my business here, the 'at risk' investment was nearer GBP350k and there was some concern about that level of material input (as it turned-out,it was more than adequate).
Why E2, by the way?

Re: E2 Visa Application about to Commence
 

You make some excellent points. The issue of marginality as I see it, really is wide open to interpretation. In purely conventional terms, if I was to be buying or setting up a traditional bricks and mortar business, there would most probably be issues surrounding the relatively limited amount of investment i've put in. The Embassy will typically look at the type of business being set up, and compare the investment amounts with what it typically costs to establish that type of business, in order to achieve what they consider to be a reasonable return (after paying wages etc). It's relatively easy for them to assess this, as there are tonnes of comparables out there for them.

However, (again according to my attorney) this situation is far less structured when dealing with businesses that are unique i.e. not typical. Here, they are more likely to pay particular attention to the Business Plan, and try to make an assessment of whether, given the investment amounts, the business has a realistic chance of achieving financial success. Again, this term is not really defined, but i'm led to believe it basically means that the business is able to generate an annual profit at least equal to the average household wage for the area, and also have local employees.

On this basis, I have been told to expect a grilling on my business plan from the Embassy, so they can make a decision about whether it has a chance of success. The amounts i've invested, whilst not being a fortune (certainly compared to your investment amount), is sufficient to provide me with the platform to be able to execute my business plan. I will also probably be required to inject some working capital into the business up front (up to a maximum of $20k) which will be considered as being part of the overall investment amount.

As for the question of why E2, it's because having researched all the different Visa options, felt this was the most appropriate one for me, given my circumstances. I can't yet say how long I intend to live in America for, and it's not really a burning ambition to become a Green Card Holder or citizen. Frankly, I don't want to belong to any country, but would rather be free to pursue my business interests where the opportunities arise throughout the world.

At this stage, I feel that the US market is a great place to launch this particular business, as it will fit well with the hustler mentality of Americans (without going into the specifics of the business plan, a big part of my Sales and Marketing stragety will be based on the idea of micro entrepreneurs, where ordinary people can effectively use my website as a way to make money for themselves by directly winning new business for it and sharing in the fees earned). I believe that this concept is most likely to take off big time in America, where the people are generally hungry for success, more so than us Brits.

By the grace of God, if i'm granted the Visa, i'll not be looking past the initial 3 years, and will focus all my energies in establishing it during that time. If it's successful, the renewal of the Visa will be a formality. If it's not and the worst case scenario happens, that will mean me returning to London to resume work in Banking. Not the most interesting way to live a life, but I certainly can't complain of being poorly paid. Either way, those 3 years will have been a great adventure, and i'm sure whatever happens, i'll look back on it in years to come as being some of the best and most exciting years of my life.

Re: E2 Visa Application about to Commence
 

Time for the latest update. I have today managed to open up my business account with Bank of America. To my great surprise, the account was opened up pretty much on the spot, with Debit Card being provided, online banking etc. This is very different to the process I had to go through with Lloyds TSB in the UK, when opening my Business Account there. That process took 2 weeks as it had to be sent to their central processing department.

My trip out here to Atlanta (I arrived on Saturday) has not been in vain, and i'm so delighted to have gotten the bank account opened and activated.

I'm almost there in terms of getting all documentation ready for my Visa application. All that's remaining now is to officially transfer the domain name into the US company name. I'll get that done in the next few days, and will hopefully be able to submit my application before the end of next week.

Re: E2 Visa Application about to Commence
 

Gotten? You've only been here 3 days, man. Stop it immediately.

Re: E2 Visa Application about to Commence
 

You know, you had me totally puzzled for a while, until I finally worked out what you meant (a little slow on the update, blame the jetlag). That's pretty funny, it does, on the face of it, sound like an Americanism. I assure you however, that this is consistent with the language I use at home, at least in the written if not oral context.

Fortunately, I fly home tomorrow, so i'll be able to purge my vocabulary of any and all incorrect grammer inadvertently picked up here. I promise to resist all temptations to pick up the local lingo.

Best wishes

Re: E2 Visa Application about to Commence
 

I'm not sure why there would be a problem opening a US bank account. Foreigners open US bank accounts with an Individual Taxpayer Identification Number (ITIN) all the time. It may be that since you will be a US resident, you won't get a ITIN but instead get a social security number. Also because it is a business, you get an Employer Identification Number (EIN).

Also not sure why your solicitor recommended a C Corporation instead of a Limited Liability Company(LLC). Neither help to get you credit at first (that will be against you personally except possibly such things such as rent, utilities and internet services) and either limits your liability if you are sued. I suppose it is a half dozen of one and a half dozen of the other.

When my son started his LLC he was able to get rent, utilities, and internet service applied against the LLC and when he closed down, those contracts disappeared. However things such as computer equipment, credit cards, travel, and other expenses where applied to him personally so those debts couldn't be discharged without filing personal bankruptcy.

Re: E2 Visa Application about to Commence
 

I was issued an EIN number when I created the C Corporation, which then enabled me to get the Bank Account opened. Without this, you cannot open a US Business account.

It was my decision to go for the C Corp, as it's most similar to the Limited Company structure we have in the UK. Also, it would be easier to issue new shares if necessary, as I intend to go for VC funding once I've got some traction in the market. This structure makes it easier to be able to do this.

I hope your son has managed to get back on his feet - bankruptcy is a difficult thing to go through but can certainly be recovered from. Most importantly, he must retain his confidence in his abilities to drive a successful business, and learn from his mistakes. It will serve to make him a more successful person. My sincere regards to him.

Re: E2 Visa Application about to Commence
 

He paid off those debts and didn't have to file for bankruptcy. If he would have to pay off the other things, he probably would have needed to. He got a very good job right after he closed the place down but would still like to give another business a try.

Re: E2 Visa Application about to Commence
 

Just a light piss-taking - though it is truly horrifying how many English people adopt a nauseating, fake, mid-atlantic wank-speak, within months of arriving. They are wierdo's.
As it happens I'm in ATL myself for the next couple of days with work. it's a nice town.

Re: E2 Visa Application about to Commence
 

I'm glad he seems to have gotten himself back on track and into a job. However, that bug of business ownership will always stay with him and i'm sure he will go back there some time soon.

Best of luck to him

Re: E2 Visa Application about to Commence
 

I totally agree with you, though I can see the difficulty in not picking up some of the local lingo when you mix exclusively with them. This is something I'm hell bent on avoiding at all costs. I have however, resigned myself to the fact that my 5 year old daughter will be afflicted completely.

Atlanta is a great place, both to live and to do business. Low cost of living, great housing stock and fantastic weather.

Re: E2 Visa Application about to Commence
 

I concur - phraseology compromises need to be made, if we are to be understood by our hosts. Confusion reigned until I stopped using the word pavement and switched to sidewalk. There are miriad other examples that have been done to death on here.

It's the horrendous faux accent that makes me want to punch the miscreant square in the face and suggest that they stop being so vomit inducing.
Children can be forgiven - they have to 'fit-in' with their peers and being different in any way can attract unwanted attention, so they get a free pass in my view. Adults? No - totally unacceptable behavior.

We had some friends over for a few beers and burned sausages the other day - they brought with them a recently-arrived (around 6 months) English couple, the female of which had affected the most comedic, unconvincing and inaccurate American patois. Because I'm somewhat less inclined to violent assault on the fairer sex, I could only resort to asking her why she was talking so funny and was she aware that she sounded like a total retard?
Her response was that it was something that just 'came naturally' and she simply had no control over it.

Strangely, as her concerted efforts to totally deplete my Bombay Sapphire supply intensified, her bizarre language mangling gradually reverted back to fairly obvious English home counties. I felt some sympathy for her husband, who visibly cringed with embarrasment every time she opened her gob.

As for Atlanta, it's a nice city if you are careful - and a place I would happily up-sticks from FL and move to - if only for the more pronounced changing of the seasons. There are, however, some very, very dangerous 'neighborhoods' (as with most US cities). Straying onto the wrong side of the tracks can have troubling consequences.
I'm at Perimeter North today (Dunwoody/Peachtree) so no chance of steet violence - I'm interviewing cardiologists, so I hope not, anyway.....

Re: E2 Visa Application about to Commence
 

This post had me in stitches....you are so right. Nothing more annoying than hearing the fake, wannabe American accent coming from the mouth of the most prim and proper Brit. I have encountered a few of those in my time unfortunately. I guess the old saying of "monkey see, monkey do" is apt.

Regarding Atlanta, you are correct in your assessment, and as you say, that applies to pretty much every American City. The weather to me is one of the greatest attractions. I would describe it as being close to perfect for me. 4 distinct seasons, with relatively short Summer and Winter months, and more prolonged Spring and Autumn seasons. If only the UK were like that, I may not be making this move at all. The constant, oppressive heat of Florida is one of the things that put me off there as a base, together with the relative lack of big industries (in Miami, you have tourism, property development and shipping - that's about it).

Dunwoody is a great area, very high income with beautiful housing. Some of the inner city part however, are truly shocking. I drove through one on Sunday (don't ask why) and was truly appalled at the level of deprivation and poverty. You simply would not believe you could see that in supposedly the richest country in the world. Nowhere in inner City London even comes close to being that bad.

Out of interest, what do you do professionally?

Re: E2 Visa Application about to Commence
 

Judging from the normal E2 applicant add Lawn and Pool Care to that list.

There are American Cities which do not have that disparity, never been to the South myself.

Re: E2 Visa Application about to Commence
 

I work in qualitative market research - predominantly healthcare. I try to figure-out why doctors don't always do the things pharmaceutical companies want/expect them to do.

One, final observation re: Atlanta - traffic. It both sucks and blows. Worst in the south east by a huge margin.

Re: E2 Visa Application about to Commence
 

Very interesting. My wife has a fairly similar role here in London with the local authority, specifically in the field of Transportation development.

And yes, the traffic situation in Atlanta really is the pits, especially during rush hour.