fishface76

Hi all,

First can I introduce myself and apologise if this information has already been discussed on the forum -- I've spent a good half hour looking for it, and doing searches, but I can't find what is probably a very quick answer for someone who's already done this!

I've read the Pulaski's article and it says in the 'Work' section: "OR you have your own business in the UK, that somebody can manage for you whilst you are in the US."

Unfortunately it doesn't say what visa code I should be researching for that scenario (which is what I'd be looking to do) -- could someone point me in the right direction?

Thanks so much,
Jodi.

ian-mstm

L-1.

Ian

scrubbedexpat099

I think I would have said - will continue to operate.

Self Employed suggests a L would not be relevant.

Bob

L1...but it has to be a business...of substance. The small companies or folks setting up a new US operation come under more scrutiny, especially on the renewal, which is where things go wrong.

So basically, if you're a contractor, it's not likely to happen. If you have a office and employ a bunch of people, you're more likely in with a shot.

There are hundreds of threads in the immigration forum about people asking this question and of their experiences to get you started

fishface76

Thanks to you all for your replies -- I'm a little confused about the L1 from what I've read on Wikipedia though, which says that the L1 is "available to employees of an international company with offices in both the United States and abroad."

I'm not an international company by any stretch of the imagination! What I'd be hoping to do is earn my living in the UK (my business is internet-based, so I can work from pretty much anywhere) and paying taxes in the US, and/or UK, as appropriate.

What I'm wondering is whether I'm even classed as working in the States if my customer base is exclusively in the UK. And if I'm not classed as working, would there be a more appropriate visa option?

I'll take a look in the Immigration forum too, but any ideas based on the above would be very welcome!

Thanks again.

Bob

If you are physically present in the US when doing the work, you need authorisation. It doesn't matter where the clients are, nor where the money is being paid.

There might just not be a visa option available to do what you want.

Steve_

So you are an international company then.

You can get L-1A to set up a foreign office but it needs to be something more substantial than just you sat in a room.

The other option is E-2 which sounds more appropriate, this is for foreign investors, but it requires a "substantial investment" (which is vague and defined in the context of what you're doing). It's also indefinitely renewable but has many downsides as it is still a non-immigrant category (so for example, if you have kids, when they grow up, they have no status).

There's someone else who posted on here who started an on-line dating site who got E-2 and moved to Atlanta, have a look for it.

E-2 is the most complex non-immigrant visa to go for by far, requires detailed plans of what you're going to be doing, financial statements, etc.

If you have half a million dollars burning a hole in your pocket you might want to look at EB-5 regional investment centers. Basically you invest half a million dollars, you get conditional permanent residency in return but the trick is getting the money back in a timely manner.

You need to look into the tax situation as well, this is no minor undertaking, you need to start a US business so that means a thorough understanding of US tax laws, S and C corporations, etc.

nun

If you manage to become resident in the US then the US will tax your worldwide income. It doesn't matter where it arises. For this reason very few people who have substantial investments and businesses outside of the US become US tax resident.

scrubbedexpat099

Me thinks the OP has gone.....

fishface76

Hi Nun, thanks for the clarification re tax -- naturally it doesn't matter to me which gov't I pay tax to; I just don't want to have to pay it twice!

But that's a long way down the road for me; first thing I need to determine is which visa route would suit me best. There must be others in my situation who are (very fortunately) able to work from anywhere with a phone and internet connection, who would like the opportunity to experience living in another country for a while if not permanently.

And Boiler, forgive me if this is an obvious question (I'm new to this forum), what's OP?

Thanks again all,
Jodi.

ian-mstm

OP = Original Poster.

Ian

nun

You won't have to pay tax twice because of the US/UK tax treaty.

Bob

Yes, there are plenty. Many of them don't get to expierience living in the US though because they do not qualify for a visa.

There are many other countries where getting a visa to do what you would like to do can be doable, there are many other countries in the EU where you wouldn't need a visa.