hypascend

Hi all,

I have been using this forum for months now and it has been a valuable source of information during the negotiation and fact finding parts of the process. I am now at a stage where I have some final information and wanted to get an experienced review of what is being offered and what I might be missing.

The job is in NYC working for a large bank in IT and whilst I meet the definition of a functional manager after over a month of debate the attorney the company uses still wont go for L1 - Therefore if I go I will be going on an E2 visa.

I have been offered a salary that is about 1.7x my current - I am currently building a case for more to keep the same standard of living and I have included the following in the analysis:
- Loss of holiday
- Loss of extra pension
- Medical costs - Company scheme is good but there is still the maximum out of pocket to consider, etc.)
- Differential in living costs
- Any cost benefits for cheaper items, etc.

Based upon the above I have calculated that approximately 2x my current salary will be required.

In addition to the salary package I have the following agreed:
- 6 weeks temporary accommodation
- Food and transport during the first 6 weeks will be covered
- Visa costs for my family and myself
- Green card sponsorship (Originally 1 year but have negotiated immediate application - Labor process first obviously)
- Personal effects shipping - 20ft container and $20k insurance
- One way business class flights for my family and I
- 1st year tax assistance
- Assistance with finding a rental and the NYC broker fees paid if we live in the city

I am currently trying to negotiate the following:
- Fact finding trip to check out area, etc.
- Repatriation until the green card has been issued - To include relocation home and also to pay any outstanding rents owed
- Deposit assistance on rental as it can be quite large in NYC (1-3 months could be $10k+)
- Flights home once a year

Have I missed anything, and do you think this is all reasonable and fair? It has taken quite a while to get to this stage but I think if the above is all met it is a good offer and package.

Any advice, questions or help would be greatly appreciated.

Hotscot

An E2 rather than L1? Why? Have you been with the bank for over a year?


It would be a lot easier to advise if you ballpark your salary.
Seriously.

For example over here in Orange County.
150K comfortable,
100K just about ok,
70K pretty tough.
50K move somewhere else.

captainsensible

This is not possible on an E2 visa.

hypascend

Thanks for your replies.

I will have worked for them a year in August and I was going to wait, but they are not playing ball, they are being very conservative on the visa types and green cards. I am not overly bothered about the visa but the green card(EB1) would have been better.

The salary I am going after is $200k.

E2 visa does not prohibit the application for a green card, and in this case it would be EB2. IMHO the E2 visa is the better choice as in reality there is no time limit.

Hotscot

Did they give a specific reason why they won't go for an L1?

And what will your salary actually be? Approx. You can tell us...

hypascend

Hi Hotscot,

The L1 visa is not really a concern. It is more the EB1 green card I am interested in. The reasons so far are that they believe USCIS is being strict on functional manager cases. In addition they aren't exactly helpful, I also have a marginal case under EB1-EA, which they definitely wont pursue. As I say they are very conservative .

Just updated the post above, it will be approx $200k.

captainsensible

So you would be switching to EB2 Visa category not going directly from E2 to GC (which isn't possible).

Hotscot

Good luck. I'm sure someone will be along with knowledge of NYC. I'm West Coast as you can see

hypascend

L and E visas are both non-immigrant visa types, therefore there is no direct path according to USCIS. It is true to say that the L1 has a similar first requirement to EB1, but it isn't a pathway from what I have read and understood.

Yes, this is correct.

Thank you!

captainsensible

Does your company already hold E2 Treaty Investor status in order for you to qualify as an E2 employee?

Pulaski

You can't self sponsor from an E2 to a green card, but an E2 does not preclude you applying for another visa class. In the case of an employer backed E2, you can move to an EB-x visa and get a green card. In the case of a "personal" E2, you could file for an IR1, for example.

hypascend

Yes, it is how most employees are transferred here. I would like to wait till August and go out on E2 or L1A and then apply for EB1, but they just won't do it, grrr.

Bob

Cost of visa is a given, so not really a benefit. Cost of greencard would be handy.

Might want to ask for last year tax help too, if you move back after a year or so.

The flights home, can't hurt, but also handy to then offer accepting emergency flights for last min flight for death/illness in family, as last min tickets can easily be several thousand if you needed to fly home this evening out of the blue. It's a benefit they will likely never have to pay out for either so it's a win win.

hypascend

Thanks Bob. Sorry should have said the green card costs are included.

I will add emergency flights and last year tax to the list.

rpjs

1.7 times London salary for NYC sounds in the right ballpark to me, and $200k would be a good rate for an IT manager, maybe a little low for banking but not too shabby. Even so, you'll find the cost of living here to be very high, even compared to London.

Is it you or them that proposed the transfer? If them it's on them to make it worth your while really.