Re: E2 Visa Application about to Commence
 

I have been back in London now for 2 days following my brief trip to Atlanta. I've managed to get the bank account opened, and have transferred the domain name into the US Corporation.

It looks like i'm all set to submit my application. I forwarded most of the required information to my attorney last night, and will forward the rest of the required information today and over the weekend. With any luck, my attorney will be happy with the content and quality of the file compiled, and be able to submit the application early next week. He will of course be demanding 50% of his not insignificant £4k fee as well.

Wish me luck.

Re: E2 Visa Application about to Commence
 

This Visa application process is proving to be more stressful than I had anticipated it would be. There are so many information requirements, particularly given the nature of my application. Just when I thought I was all set to have my application submitted, my Attorney hit me with a ton of additional information requirements. Most onerous of all has proved to be the requirement to prove the source of funds used to build the website.

This has required me going back the last 4 years and trying to source historic P60's / payslips (for the period during which I was in employment), as well as for the more recent years of self employment. Lots of digging and searching through the attic unfortunately. What a drag.

My situation is further complicated by the fact that one of my main businesses is an online Sports Betting Hedge Fund - apparently, even though I have consistently made a 6 figure profit in each year of operation, I've been advised not to disclose this to the Embassy. In my attorney's own words, "they can be a bit sniffy about these things". It seems they don't like anything that it pioneering and different, which it is. When explaining to my Attorney how I devised and refined my trading product, his initial response was one of disbelief. It took a fair while to actually convince him that I truly do have an innovative trading strategy that pretty much guarantees me a good profit each year. I instantly realised why he's spot on in his assertion that I don't disclose this to the Embassy.

Then there's the whole other issue of providing proof of transfer of IP from myself into the newly created US corporation.

I have to say, I like to think of myself as being a pretty smart chap, but I think I would struggle to successfully complete the Visa application process without considerable hand holding from a good attorney. I therefore have to give ultimate respect to some of the people on this board who have apparently achieved this feat unaided.

I'm now hoping to get everything finalised in time to be submitted on the first day back after the Easter period - i.e. early May. I can then expect an approximately 3 month wait to find out whether i've been successful or not.

Re: E2 Visa Application about to Commence
 

The saga continues.... I was hoping to have submitted my application by now, but there was a snag with the Intellectual Property agreement, which transfers the rights from myself to the US Company. As a result, I've been referred to an IP Lawyer in London, who is doing the needful - an additional £2k costs racked up there.

Then there is the small matter of the fact that it seems I was misinformed about the type of company to form. It turns out that non US residents can indeed set up LLP's, which is the preferable structure from a Tax Planning Perspective. My IP lawyer is now going to contact Bank of America to see whether we can transfer the bank account into a new trading LLP entity.

This is really doing my head in - I need to be out there by September at the latest, and it looks like it will be touch and go in terms of getting the visa through on time.

Re: E2 Visa Application about to Commence
 

From what I've read, Corps are much more likely to get VC funding than LLC, and maybe that applies to LLP also. I'd do some more checking first before switching over! And certainly don't take my word for it.

I hope you have an exit strategy if you don't get the visa. In other words, can you get everything back that you've signed away?

Re: E2 Visa Application about to Commence
 

You make some very good points, especially regarding VC funding. I met with my IP lawyer this afternoon, and he said that it would be really simple to create a new corporate structure and transfer the Going Concern into it.

The key driver around the decision to go with an LLC structure were from a tax planning perspective. We had a Tax Accountant from New York on conference call, and he was adamant that LLC structure was the way to go, in order to avoid Double Taxation of Corporate and Personal Taxes.

Your question about the ability to transfer back the IP to myself in the event that the Visa is not granted is a great one, and I'll need to discuss with the IP Lawyer tomorrow morning as a matter of urgency. Of course, i'm hoping that the application is successful.

The original plan was to house the global rights to the IP in an offshore company, and then licence the use of the US website to the US company. However, my Immigration Lawyer thinks this structure will not be accepted by the Immigration Office, as it will be difficult to argue this consitutes a firm investment into the US.

I'll be sure to provide a further update as soon as I have one. Many thanks for your points, they are extremely thought provoking.

Re: E2 Visa Application about to Commence
 

I've been researching this lately, hence the question. It seemed to me that it depended on two main factors: where you incorporate (which State) and how much you turn over. My scrappy calculations worked out that it would be better as an S-Corp in X state with Y turnover, but better as an LLC in Z state with W turnover.

I hate taxes, not necessarily for having to pay them, but working out the damn things! I've said this before, but if the UK taxman can't work out what I owe on PAYE with a bit of self assessment, then how the hell am I supposed to know?! :eek:

Re: E2 Visa Application about to Commence
 

Good points - i'm incorporated in Georgia, which has personal income taxes of around 6%, in addition to federal taxes. Turnover wise, i'm projecting to exceed $1m per annum within 2 years, all going to plan.

Re: E2 Visa Application about to Commence
 

I have finally got together all the information required for the application form. My attorney will be reviewing the file this afternoon to confirm that all is in order, then will, hopefully, send the application off to the US Embassy for processing.

I had a long chat with him on Friday and he is of the opinion that my case is very strong. He feels that the unusual nature of my application will actually work in my favour, as the assessor will find the case interesting. I really hope he is right. In any event, I will probably find out my fate 3 months from now, which is how long it takes to process the cases.

In the meantime, I will continue with my planning for the launch of the business in Atlanta. Regardless of whether the application is approved or not, I still intend to go ahead with the launch, though it will obviously be significantly more challenging than would otherwise be the case.

It would mean I can only use the Visa Waiver to enter the country, and cannot officially work for the business. Never the less, I'm confident I will still be able to establish commercial viability, and can always re-apply at a later date.

Christ - I'm allowing negativity to enter my head. I must stay positive.

I'll keep you posted.

Re: E2 Visa Application about to Commence
 

Finally - my Visa Application was submitted to the US Embassy this afternoon. It has been quite an ordeal getting all the information together, and has taken far longer than anticipated. But, it's now gone off, and my attorney reckons I should hear back from the Embassy within 2 months to confirm my interview date.

I'll keep you posted on feedback.

Re: E2 Visa Application about to Commence
 

Good luck!

Re: E2 Visa Application about to Commence
 

Absolutely, keep us updated, never seen one quite like this.

Re: E2 Visa Application about to Commence
 

GeoffM, Boiler

Many thanks. I'll be sure to keep you posted on how things go. My attorney seems pretty confident it will be fine, but I'm not counting my chickens.

Re: E2 Visa Application about to Commence
 

I have received confirmation from the US Embassy that my application has been received, and payment of the application fee (£390) has been taken.

It's now a waiting game to see whether they request any additional information from me, or whether they proceed straight to the Interview stage. I'm told to expect up to a 2 month wait before hearing back from them.

All very exciting - if all goes well, I'm planning on moving to Atlanta in September. The wife and daughter will be joining me a couple of months later, allowing me time to get things sorted out, such as housing, schooling etc.

More soon

Re: E2 Visa Application about to Commence
 

After a long and excruciating wait for feedback from the US Embassy, I was told by my Solicitor this morning that they are finally ready to see me. I have requested an interview date as soon as possible, and am hoping to get a date set for next week.

It has taken just shy of 3 months to hear back from them, as my application was submitted on the 20th of May. Apparently, it's good news that they did not request any additional information, which (according to the attorney) means that they are pretty happy with the state of the application.

I'm getting very excited now - it's been over 3 years since I first started planning to move to the USA, and I feel like my goal is in sight. Of course, then battle after that would be making my business a success.

Wish me luck

Re: E2 Visa Application about to Commence
 

Wow, fingers crossed!

Re: E2 Visa Application about to Commence
 

It's been confirmed.....interview is booked for Friday morning. I'm really nervous. It feels like a really big moment in my life, as, if I'm successful, I'll pretty much be off within 3 weeks.

I'll be leaving wife and kid here, and they won't be joining me until March next year. Hopefully enoug time to get everything set up before they turn up.

I guess life is all about putting yourself out there and chasing your dreams. After all, how boring would it be if you played safe the whole time.

I hope to be able to update you with good news on Friday. If not, I'll be devastated.

More soon

Re: E2 Visa Application about to Commence
 

You're not the first to do that and you won't be the last. I'll be doing exactly the same. It won't be easy - but then I'll be single again for a couple of months! :rofl:

Re: E2 Visa Application about to Commence
 

Agreed. http://www.bartleby.com/119/1.html.

Ian

Re: E2 Visa Application about to Commence
 

I have just returned from my interview at the US Embassy.

I was granted a 2 year E2 visa. I'm absolutely over the moon. This has been a very difficult and challenging process, and given the unusual nature of my application, I was always a little anxious.

However, I have finally done it. A big thank you to all the people on here who were so supportive and informative throughout.

As soon as I get my passport back, i'll be booking my flight out to commence the business as soon as possible.

This is not a plug, but please take a look at my website, www.urecruitme.com. I would be very grateful for your feedback.

Once again, a big thanks to all.

Re: E2 Visa Application about to Commence
 

Congrats! A pretty complex process to be sure. What type of questions were asked of you at the Embassy? I am sure it will be of interest to those considering applying for an E2 themselves.

Re: E2 Visa Application about to Commence
 

The interview process was surprisingly quick. It actually lasted no more than 7 to 8 minutes. In my case, I was grilled on the realism of my projected revenues and profits. He did not know that much about the industry and was shocked at how much could be made. So he was trying to assess my credibility.

He asked me to explain my background professionally, and how it linked into what I'm proposing to do in the business. He also spend a lot of time discussing the corporate structure of the business. Then he focused on my revenue generation models, and basically asked me to try to justify them. In a way, it was a little like Dragons Den, though obviously no way near as intense.

The best advice I can give anybody about to go to the interview is this - make sure you understand your business inside out and are able to articulate that quickly. They seem to focus on whether or not they feel you are able to deliver the business success you claim and will see through anybody who is basically "blagging".

Aside from that, it should be pretty straightforward.

As I noted above, what surprised me most was how short the interview was. There were 4 other E2 visa applicants before me. One of the guys, who I got talking to, was literally interviewed for no more than 2 minutes, before getting approved. As such, it's important to be able to get your business understanding across very quickly and coherently.

Best of luck to all.

Re: E2 Visa Application about to Commence
 

Absolutely briliant mate. I only joined this site yeaterday and I read through your whole story just now. It's great to see it from start to finish and I'm chuffed that someone has shown it can actually be done!!

I don't quite know how I'll manage it but I'll find a way to get me and the other half out there one day.

Once again, congratulations and all the best to you :thumbsup:

Re: E2 Visa Application about to Commence
 

Thank you very much. I appreciate your best wishes.

If you put your mind to it, i'm certain you will get it done. Do your research very well and then execute your plan step by step. It can certainly be done. If I can do it, you definately can.

Re: E2 Visa Application about to Commence
 

Great news - congratulations! Given that your petition was more complex and open to interpretation than a straightforward mom/pop business purchase, you should be particularly pleased with your achievement.
Well done.

Re: E2 Visa Application about to Commence
 

COngrats to you - really interesting read - and I hope your business does great in the US.

Re: E2 Visa Application about to Commence
 

Thank you very much. I'm flying out on Friday for a week to sort out apartment rental and office rental, amongst other things. I'll finally head out in the first week of September.

Re: E2 Visa Application about to Commence
 

Congrats.

Now the fun begins!

Re: E2 Visa Application about to Commence
 

Yes indeed. It's now time for the big hustle. I'm really looking forward to it, can't wait to get started. All very exciting.

Re: E2 Visa Application about to Commence
 

Well done you! I bet the family is chuffed as well! I'm sure it's a no-brainer, but I guess you'll be focussing on making sure the business grows enough to fulfil your renewal criteria (if you want it!) - 2 years in business is nothing after all!

And your site is impressive, nice and uncluttered with a professional look. However - I'd be wary of using it in case I got bombarded by agencies. This has been my experience when using cv upload sites like Monster. Got fed up to the back teeth of being contacted by agencies who hadn't matched me to a specific job but wasted my time trying to get me to apply for jobs that were nothing like my specified area of interest.

Good luck, and I hope the family are able to join you quickly!

Re: E2 Visa Application about to Commence
 

I'm impressed. You've been a member for over 2.5 years and this was your first post. I think that's some sort of record! :)

Ian

Re: E2 Visa Application about to Commence
 

LOL, I bet it is. I was active on a number of other forums a few years ago, and registered with this one, but circumstances put paid to organising emigration until recently. I've been lurking on this one for a few weeks now, getting a feel for the place.

Re: E2 Visa Application about to Commence
 

Thank you for your kind words.

Fear not my friend, this site has been designed specifically to cut out recruitment agencies from the picture. I have a tremendous amount of experience in dealing with these agents. Believe it or not, that was actually my inspiration for coming up with the business idea. I wanted to create a platform where Jobseekers could be headhunted directly by companies, and to cut out the middle man.

I have set up very strong registration processes in order to vet out all recruitment agencies from registering. It will only be used by actual hiring companies. There has been a tremendous amount of enthusiasm from potential clients and Jobseekers about the site, so i'm quietly confident that this will make a huge splash.

Re: E2 Visa Application about to Commence
 

I forgot to add - the site was developed specifically to address all the issues you raised. All very valid, and they are exactly the same concerns raised by at least 90% of my initial round table group, in excess of 50 people. If you get a chance, read through the various pages, and you will see exactly how the site deals with all your points raised. Basically, it's impossible for you to be contacted for jobs that are not relevant to you, as you are only searchable on the criteria you decide.

Re: E2 Visa Application about to Commence
 

Well I've signed up for it so i'm expecting the correspondence to start flooding in any week now lol :p

Re: E2 Visa Application about to Commence
 

All in God's time.

Re: E2 Visa Application about to Commence
 

I'm in no rush. As you may or may not know I'm an aircraft engineer by trade and it's an industry that nothing ever happens quickly in. I'm quite content to bide my time and wait for things to happen. The site looks really Gucci and I may only be a spanner monkey but visually/aesthetically it was very impressive.

fingers/toes/tongue et al crossed! :thumbup:

Re: E2 Visa Application about to Commence
 

Thank you. I really appreciate it. And your opinions are equally as valid as everyone else. After all, it's supposed to be appealing to the everyday person, who will be the ones using the site. It's easy on the Employer side, as they will go wherever the candidates are.

Once again, many thanks. I'm getting ready to fly out to Atlanta on Friday morning, to sort out apartment, office etc. Looking forward to getting cracking. It's taken long enough already.

Re: E2 Visa Application about to Commence
 

Best of luck to you, from the weather forceast it looks like I'll be digging out the waterproofs friday morning for another wet scottish day!!! :eek:

Re: E2 Visa Application about to Commence
 

The British weather is something I certainly won't miss. Looking forward to living in a warm and sunny climate for a change. Also, I can finally get away from all this talk of cuts, Phone hacking etc. To say i've had a gut full of it would be an understatement.

Re: E2 Visa Application about to Commence
 

Won't you find it slightly unnerving not to have to concern yourself with any of the matters of the once "Great" Britain anymore? :rofl::rofl:

There's a statment for what you're doing. It's called "living the dream"!! :thumbsup: