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Is it Possible ?

Is it Possible ?

Old Dec 20th 2014, 5:08 pm
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Default Is it Possible ?

I am a UK resident, hoping one day to move to Arizona. However until its possible I'd like to open a business there. However someone mentioned it may not be possible, as am not a US resident. Does anyone know the rules ? I know you have to guarantee employing US residents.
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Old Dec 20th 2014, 5:15 pm
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Default Re: Is it Possible ?

Originally Posted by UKScousemouse View Post
I am a UK resident, hoping one day to move to Arizona. However until its possible I'd like to open a business there. However someone mentioned it may not be possible, as am not a US resident. Does anyone know the rules ? I know you have to guarantee employing US residents.
There is the E-2 visa. Officially there isn't a minimum investment but the more money you can invest and develop a good business plan, the greater the chance of getting the visa. However the hard part is during renewal where you have to show that your meeting the goals (employing Americans) of the business plan.

A major disadvantage of the E-2 visa is there is not direct route to legal permanent residence (green card).
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Old Dec 20th 2014, 5:28 pm
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Default Re: Is it Possible ?

So your allowed with E2 ok. So even if your business is doing good it still does not allow applying for permanent residency, good to at least have this info. I heard I could apply to US Embassy for 6 month visa ( I know they interview) to allow me to visit at least. Would you happen to know how tax works then ? If am not a US Resident and don't have US Address ? Many thanks so far Michael
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Old Dec 20th 2014, 5:40 pm
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Default Re: Is it Possible ?

Originally Posted by UKScousemouse View Post
So your allowed with E2 ok. So even if your business is doing good it still does not allow applying for permanent residency, good to at least have this info. I heard I could apply to US Embassy for 6 month visa ( I know they interview) to allow me to visit at least. Would you happen to know how tax works then ? If am not a US Resident and don't have US Address ? Many thanks so far Michael
I you are from the UK, don't apply for a B-2 visitor's visa (usually 6 months per visit, multiple entries for 10 years) since it will likely be denied since you are eligible for the visa waiver program (90 day visits at a time). You need to apply through ESTA to determine if you are granted multiple visits for two years under the visa waiver program.

ESTA

You'll immediately know if you are approved or not. The visa waiver program is for visiting so you can't work but you can have meetings and scout out business possibilities. Eventually you'll need a lawyer to help you get the E-2 visa.
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Old Dec 20th 2014, 5:57 pm
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Default Re: Is it Possible ?

Ok thanks Michael, complicated but good to know the right way to do it. So if am reading your reply right, I can visit for 3 months, do my research. Then if I want to open a business I need a lawyer to help me get an E2 to open ? Sorry for all questions then its a lot easier after all that ?
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Old Dec 20th 2014, 7:37 pm
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Default Re: Is it Possible ?

What sort of business? And would it benefit being located in Arizona specifically?
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Old Dec 20th 2014, 7:43 pm
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Default Re: Is it Possible ?

Prefer not to say just yet. But for now Arizona would seem the best state for my business. I am sure it would work in any state, but I'd like to eventually settle in Arizona. Is it easier in other states ?
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Old Dec 20th 2014, 7:49 pm
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Default Re: Is it Possible ?

I'm sure you could say something about the business We tend to do a to and fro here...

But from a business perspective there are some operations more practical than others.
If we knew a bit we could proffer some useful advice.


Yes, each State has different regulations and tax structures.
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Old Dec 20th 2014, 9:07 pm
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Default Re: Is it Possible ?

Why Arizona? Where in AZ? it's quite big.
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Old Dec 20th 2014, 9:41 pm
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Default Re: Is it Possible ?

Originally Posted by UKScousemouse View Post
Prefer not to say just yet. But for now Arizona would seem the best state for my business. I am sure it would work in any state, but I'd like to eventually settle in Arizona. Is it easier in other states ?
Originally Posted by Hotscot View Post
I'm sure you could say something about the business We tend to do a to and fro here. ....
Right. Retail, professional, B2B service, web sales, homeowner service?

Some of those will give you problems with permits, licenses, bonding, and insurance, other businesses need commercial or industrial premises with the necessary zoning.

Are you planning a start-up or a purchase of an existing business? Are you going head-to-head with existing businesses in the same market? And if not do you have a plan to protect your business from someone else entering your market and uncutting you or stealing your market?

Last edited by Pulaski; Dec 20th 2014 at 10:46 pm.
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Old Dec 20th 2014, 11:51 pm
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Default Re: Is it Possible ?

Originally Posted by Pulaski View Post
...And if not do you have a plan to protect your business from someone else entering your market and uncutting you or stealing your market?
And for service type business, this is the biggest problem, because locals can get away with using cheap, illegal labour, but if you're on a E2, you've got to show you're not dodgy and employing folks which means you're already at a cost disadvantage.

If one isn't going to be around for the day to day running, then there's management issues, insurance and especially liability becomes a headache.

As for the E2, there is a wiki that has some info and numerous threads that go over the pro/con to it. It's often seen as a negative visa except for a very small window of people due to no direct path towards a greencard, especially is one has a family.

Getting the visa, that's definitely E2 lawyer territory. You want one experienced in putting it together, to show that the business is feasible and put in the best light, but not over the top, so that you are still likely to meet the goals so that you can have a good chance of being granted a visa renewal.
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Old Dec 21st 2014, 1:01 am
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Default Re: Is it Possible ?

Originally Posted by Bob View Post
...., especially is one has a family. .....
"if" one has a family, right? .... Meaning if you already have children they will "age-out" of their derivative E2's on their 21st birthdays and have to obtain their own visas or leave the country, which can lead to some ugly and unfortunate situations if they were brought to the US as very young children and remember no other home.
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Old Dec 21st 2014, 1:42 am
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Default Re: Is it Possible ?

Originally Posted by UKScousemouse View Post
Ok thanks Michael, complicated but good to know the right way to do it. So if am reading your reply right, I can visit for 3 months, do my research. Then if I want to open a business I need a lawyer to help me get an E2 to open ? Sorry for all questions then its a lot easier after all that ?
There's nothing to stop you visiting AZ as a tourist, but you won't be able to live and work their without a visa. The ways to get those are usually as a student, J1 visa, as an investor with substantial capital to invest (at least $100k), E2 visa, if you have a particular skill, H1 visa or if you have relatives or a spouse who are US citizens they can sponsor you.

Why do you want to open a business in AZ? what's the attraction?
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Old Dec 21st 2014, 7:46 am
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Default Re: Is it Possible ?

Any chance of starting the business in the UK, then expanding to open a branch in the US?
That would bring the L1 visa into play which does have a path to greencard.
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