# Moving To The US From Australia - Advice Please



## shout (Jun 8, 2010)

Hi Everyone,

I am just looking for a little bit of advice. 

I am looking to move to the US next year and want to know the best way to go about it. 

I am single and have no family connections in America. 

I own my own online business and I am looking to setup a company in America (expand my business) and eventually employ people to work for me once I am over there. 

I am also looking to buy a house over there. 

So I would just like to know what the best way to go about moving over there considering my circumstances. 

If you need any more details please let me know. 

Thanks 

Shout


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## Fatbrit (May 8, 2008)

shout said:


> Hi Everyone,
> 
> I am just looking for a little bit of advice.
> 
> ...


Details would be the viability of the Oz company re. L1 intra-company transfer:
Employees, company structure, years trading, ability to run without your presence, etc.

From what you've written so far, it sounds like a one-man band -- which wouldn't work for the L1.

It also doesn't translate well to the more expensive (and less featured!) E2.


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## shout (Jun 8, 2010)

Hi Fatbrit thanks for your help. 

Yes I am a one man band so to speak, it's all done online. 

My plan was to setup a company, probably an LLC in America. I don't know if that would make a difference or not. 

Also does the fact that I would be buying a house not renting make a difference? 

Finally what is the longest you can stay in the US just on a tourist visa? 

Thanks for your help, I really appreciate it.


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## Fatbrit (May 8, 2008)

shout said:


> Hi Fatbrit thanks for your help.
> 
> Yes I am a one man band so to speak, it's all done online.
> 
> ...


So, an L1 isn't going to work for you.

The E2 is a horrible visa but that's where you're at unless you have half a million to sink into a passive project or one million into a more active one for an EB5. And I'm not sure your type of business is good for an E2, anyway -- you need to sink money in and employ Americans.

Buying a house gives you no right to live here.

You can spend 90 days here on a VWP if you qualify, twice that with a B2. You can't work on either of them, and you shouldn't bother applying for a B2 if you already qualify for VWP since you're likely to get rejected.


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## shout (Jun 8, 2010)

Thanks again Fatbrit.

I have looked into the E2 and found it says:

"Treaty country national must control the company through at least 50% ownership or a managerial position"

Is that correct?

I'm not too sure if the E2 would really work for me.

Is there any other Visa that I could apply for? 

Since my business is on the Internet it gives me a bit of flexibility because I can just leave it setup in Australia so I wouldn't actually be working or getting paid in America and I could just withdraw funds from my Australian bank account when needed, would that work?

What about the people who just go overseas to travel, what visa do they get?

I just want to know what all my options are because as I said my Internet business gives me a little bit of flexibility. 

Thanks again for your help, you have been great so far. I really appreciate it. 

Cheers


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## Fatbrit (May 8, 2008)

shout said:


> Thanks again Fatbrit.
> 
> I have looked into the E2 and found it says:
> 
> ...


There are probably plenty of countries where you can hang out with what you plan. America is not one of them, though.


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## shout (Jun 8, 2010)

For the E2 if I setup my company now in America would I then be able to apply for the visa?


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## Fatbrit (May 8, 2008)

shout said:


> For the E2 if I setup my company now in America would I then be able to apply for the visa?


You have to do it _their_ way. It's like trying to run a business with one hand tied behind your back. And many return home broke.

Read the FAQs here: Hodkinson Law Group

Your current business doesn't sound suitable.


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## shout (Jun 8, 2010)

Ok I have read the FAQ's thank you. 

Does it not sound suitable because it's an online business? 

From what I understand I have to show that the business would make enough money to support me and be able to hire employees, which would not be a problem.

Also it says that you need to invest at least $100,000, since I am not buying a new business I am assuming I just have to show at least $100,000 in my business' name? 

Thanks again for helping me out.


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## Fatbrit (May 8, 2008)

shout said:


> Ok I have read the FAQ's thank you.
> 
> Does it not sound suitable because it's an online business?
> 
> ...


$100k is low. Many applications will require at least double that to be accepted. 

You need to employ folks. 

And you will have to invest the money in the business before they issue the visa. The usual method is to have the money sitting in an escrow account to be paid out conditionally on whether you get the visa, i.e. the money is all up front.


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## shout (Jun 8, 2010)

Ok but what exactly do you mean by invest the money? 

I just don't understand what I would be investing in since the business is already existing. 

Do you mean I just put it in an escrow account to prove that I have the funds and then take it back out once I get the visa? 

Since it's an online business I don't need to purchase a building or anything like that. 

However I would be purchasing a house which is where I would be working so I guess I could say that is my home/office. 

Do I need to employ people before I get the visa? 

Thanks for your help.


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## Bevdeforges (Nov 16, 2007)

I can't find the link at the moment, but in the Boston Globe, which I follow, there have been a couple of stories recently about people on E2 visas being denied renewal after several years of running their businesses quite successfully in the US. The one that sticks in my mind was a British couple with a small restaurant in Maine. Their visa renewal was denied because they apparently weren't making a "sufficient living" from the business - though they were still profitable and employed several people. The downturn in their income has only been in the last year or so with the recession, but evidently that was enough to deny their application.

So, they are packing their bags and hope to make a go of things in Canada instead. 

With an Internet business, it matter not where the business is incorporated, but rather where you are physically located while doing the work.
Cheers,
Bev


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## Fatbrit (May 8, 2008)

shout said:


> Ok but what exactly do you mean by invest the money?
> 
> I just don't understand what I would be investing in since the business is already existing.
> 
> ...


As I said, the current business isn't looking suitable for an E2 visa.

Let's say you were going to set up the future Ebay from scratch. You'd need a fully equipped office, a swanky great server array, an advertising budget, etc. For employed folks, you'd certainly need a couple of web nerds. Now you've got a business that'll cost you a couple of hundred thousand to set up.... and would qualify for an E2. If it starts making a profit in the first couple of years, you can renew your status. Otherwise, you're heading home.


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## Guest (Jun 13, 2010)

Fatbrit said:


> As I said, the current business isn't looking suitable for an E2 visa.
> 
> Let's say you were going to set up the future Ebay from scratch. You'd need a fully equipped office, a swanky great server array, an advertising budget, etc. For employed folks, you'd certainly need a couple of web nerds. Now you've got a business that'll cost you a couple of hundred thousand to set up.... and would qualify for an E2. If it starts making a profit in the first couple of years, you can renew your status. Otherwise, you're heading home.


I've read only a tiny bit about this, as a home based business person too. My take on it was that they want to not only know that you will profit, but that you will benefit the US while you are there. IE you employ people, or are employed by them, you pay taxes, you invest in the building and so forth.

Not only that - but with getting a sponsor for a VISA, it says how the sponsor must show three years of tax returns (past years, not current) proving income and so forth. I would think that is it, really. They want to know you would move a fully functioning company there, and keep it there at a certain level so that you would never be applying for government bailout money.

That's somewhat how the little I read about that seemed. My parents, and both brothers own houses in Arizona. They have no more rights than the tourists they are, and can only visit certain amounts per year even though my brother 'invested' a half million dollars to buy his house.


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## Guest (Jun 13, 2010)

I don't mean 'invested' in a shady way. ;-) I just mean it's a tangible asset there, but still not something they'd consider a reason to allow him citizenship.


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## twostep (Apr 3, 2008)

Treaty Traders and Treaty Investors
Here is the official version of E2 requirements.
Here is what is going on in most markets - renewals are getting harder to get approved, audits are getting tighter. Short - you do not show profit/growth you get to go home.

Residential realestate for personal use is not considered an investment for immigration purposes as it does not qualify for the requirements. Rent the place out, hire fulltime maids/groundskeepers and show a profit and you may have a chance.


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## Guest (Jun 13, 2010)

twostep said:


> Treaty Traders and Treaty Investors
> Here is the official version of E2 requirements.
> Here is what is going on in most markets - renewals are getting harder to get approved, audits are getting tighter. Short - you do not show profit/growth you get to go home.
> 
> Residential realestate for personal use is not considered an investment for immigration purposes as it does not qualify for the requirements. Rent the place out, hire fulltime maids/groundskeepers and show a profit and you may have a chance.


Can I pass that along to my brothers? LOL Their places are just vacation homes.


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## twostep (Apr 3, 2008)

yvonnedcanadian said:


> Can I pass that along to my brothers? LOL Their places are just vacation homes.


Well, 500k prior to the housing de-boom may be too small and not necessarily in the right location to use as B&B.


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## Guest (Jun 13, 2010)

twostep said:


> Well, 500k prior to the housing de-boom may be too small and not necessarily in the right location to use as B&B.


LOL No this was after the housing de-boom. Normally the places are worth, well, a heck of a lot more than that. Anyway I don't picture either of them in aprons greeting guests at the door. ;-)


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