# E2 Visa



## RICHNTRISH (Jun 4, 2008)

Hi , 
I am seriously considering buying a business in Florida and entering the country on an E2 visa as this is our only option having checked out other visa options. I understand that if I have the business my wife can work in the US as long as I have have the business and valid E2.

However my question is: Whilst i operate the business can my wife go to college in US and study for a qualification that will give her a job and ultimately green card for the family?

We have 3 children under 6 we would like to know how the visa process affects them. Under E2 we understand that at age 21 they would have to apply for their own visas but if my wife studied and got a job that led to green card, would that extend to me as husband and our three kids?

Any information about this would be grately appreciated

Richard & Trish


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## ninny_poo (Jun 4, 2008)

Hi RnT
Yes your wife being one of your dependants could got to school, college, uni etc whilst you have an E2 visa, without needing to apply for a seperate F visa. She would need to study to degree level and above to then be eligable to seek employment and for her employer to then file for an H1B visa. IF she was successful in obtaining an H1B visa she could then ask the employer to sponsor her for a Green Card.
It really does sound a tempting plan but there are a few things to consider
Getting a US degree level education will cost $$$$$$, possibly much more than the business you buy will support. Remember, an E2 must not only support your own family ( taxes, utilities, health care etc etc etc) but must also pay employees and be shown to expanding in some way.
I know it is frustrating (believe me I have had these same ideas) but it may be cheaper in the long run for either you or your wife to get an education first and then go for an H1B

Good luck in your quest though!!


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## synthia (Apr 18, 2007)

I don't know what the local residency requirements will be, but local community colleges in Florida are, by US standards, not expensive. Even the big state universities are cheap, possibly the cheapest in the US. If she attends a community college, she should enroll in a program that gives transferable credits. If she gets above a certain grade point average, she can transfer to any of the state universities except the two big ones, the University of Florida and Florida State University (and, yes, they are two different, and huge, schools in two different parts of the state). Degree programs usually take four years, but can be done in three with summer school. She also might be able to pick up some credits via testing.

Being able to support yourself is another issue. Things are not going too well in Florida at the moment, with the burst of the housing bubble having hit hard, especiallly in Southern Florida.


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## Fatbrit (May 8, 2008)

RICHNTRISH said:


> We have 3 children under 6 we would like to know how the visa process affects them. Under E2 we understand that at age 21 they would have to apply for their own visas but if my wife studied and got a job that led to green card, would that extend to me as husband and our three kids?


Provided kids under 21 and unmarried, and you still married, you'd all come through on the same adjustment. Your wife may not need further study but she would need a "skill". This could be something as innocuous as, for example, a crane operator. And she will need an employer who needs her so much they are prepared to the extra mile to facilitate the process.


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## RICHNTRISH (Jun 4, 2008)

Fatbrit said:


> Provided kids under 21 and unmarried, and you still married, you'd all come through on the same adjustment. Your wife may not need further study but she would need a "skill". This could be something as innocuous as, for example, a crane operator. And she will need an employer who needs her so much they are prepared to the extra mile to facilitate the process.


So when we get there and are settled could she find a reasonably skilled job gain working experiance in this job , then ask the employer(very nicely) to sponser her for a visa which would then lead to citizenship after 5 years residency ?
She is highly skilled already in the legal profession as a Legal executive here , unfortunatly after speaking to a USA legal firm it would seem this has no standing there and would need to retrain .
Richard


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## RICHNTRISH (Jun 4, 2008)

Going back to the E2 visa , my understanding is that i have to buy my business before applying for the visa which can then take many months to arrange . In the mean time im not allowed to come to the States and run the business , but after a couple of weeks of not running it most of the customers ( i want to buy a pool route) will go elsewhere meaning i have no business left and have just wasted a lot of money ! Surely this reasoning will apply to most business's , have i got this wrong ? is that how the E2 system works ?


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## Fatbrit (May 8, 2008)

RICHNTRISH said:


> So when we get there and are settled could she find a reasonably skilled job gain working experiance in this job , then ask the employer(very nicely) to sponser her for a visa which would then lead to citizenship after 5 years residency ?
> She is highly skilled already in the legal profession as a Legal executive here , unfortunatly after speaking to a USA legal firm it would seem this has no standing there and would need to retrain .
> Richard


She could probably retrain as a paralegal in less than a year, even doing it while on the job.

The employer could sponsor her for permanent residency after going through the complicated PERM process and then filing for her. Then you would wait until her number came up (at least half a dozen years!). At this stage she would apply to adjust status (with the rest of the family provided kids unmarried and under 21) to permanent residency (a green card). You can apply for citizenship 5 years less 90 days from the date of becoming a permanent resident.

Not an easy undertaking, I'm afraid. But if she can find a niche in the paralegal profession, it's possible. Also note that this is the state of immigration law at this current time. Who knows what it will be decades into the future when this plan comes to fruition.


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## Fatbrit (May 8, 2008)

RICHNTRISH said:


> Going back to the E2 visa , my understanding is that i have to buy my business before applying for the visa which can then take many months to arrange . In the mean time im not allowed to come to the States and run the business , but after a couple of weeks of not running it most of the customers ( i want to buy a pool route) will go elsewhere meaning i have no business left and have just wasted a lot of money ! Surely this reasoning will apply to most business's , have i got this wrong ? is that how the E2 system works ?


Money can be committed to an escrow account conditional on visa issuance....if the seller is prepared to wait. Failing that, you'll have to put a manager in.

There is a contemporary fad of coming on a B2 (VWP doesn't work here) and adjusting to E2 via USCIS. However, you still have to face your local Consulate at some time in the future to get your E2 visa. And London -- especially -- is known to frown on this and delight in refusing the visa. Many have a running business and a house here but with no way to return to the US. If anyone suggests this to you, run a mile.

The pool route also fills me with trepidation. Customers tend to vanish rather quickly, either to the seller's mate or simply because the economy isn't doing that well. Remember, you have to employ people or you are not going to get a renewal. A sub shop outside an office complex is a much safer bet IMHO.

Wasting money, I'm afraid, is not unusual on an E2.


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## RICHNTRISH (Jun 4, 2008)

Thanks Fatbrit , i dont mind the idea of an escrow account as long as the seller and authorities are in agreement . 
I know what you mean about the Pool route , these were my thoughts about it too , i would much rather learn the job myself and start my own route from scratch but it seems my application would have much less chance this way . As for Subway , well i couldn't work in the catering trade i dont think .
Richard.


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## twostep (Apr 3, 2008)

Let's be realistic - why would an employer sponsor a paralegal. With mortgage companies and law firms closing due to the current real estate market paralegals are swarming all over job boards.

Work up a budget on today's costs for family and business. Do not forget medical insurance and tuition for your kids. What does your business have to net to break even. What to have a comfortable life?


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## RICHNTRISH (Jun 4, 2008)

twostep said:


> Let's be realistic - why would an employer sponsor a paralegal. With mortgage companies and law firms closing due to the current real estate market paralegals are swarming all over job boards.
> 
> Work up a budget on today's costs for family and business. Do not forget medical insurance and tuition for your kids. What does your business have to net to break even. What to have a comfortable life?


To be honest i think she would rather retrain in a totally differant field anyhow , new life and all that stuff .We dont need a massive income as we should be mortgage free , the main reason for her to work would be towards getting a green card as we are worried about the kids when they turn 21 ,15 years away i know but you got to think ahead .
What do you mean tuition for kids ???? Don't pay for schooling do you ??


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## twostep (Apr 3, 2008)

RICHNTRISH said:


> To be honest i think she would rather retrain in a totally differant field anyhow , new life and all that stuff .We dont need a massive income as we should be mortgage free , the main reason for her to work would be towards getting a green card as we are worried about the kids when they turn 21 ,15 years away i know but you got to think ahead .
> What do you mean tuition for kids ???? Don't pay for schooling do you ??


Oh yes! You cannot pick your public school. You have to live in its assigned district. Even public does not mean free. School supplies have to be purchased according to a given list, extra curricular activities such as day trips are normal, after school care, lunches, teachers' appreciation, school donations, closed days on short notice, summer camp. When they get older it gets more. Let's not discuss college yet. Some of the big ones announced increased tuition as of 2008 fall semester today. 

A friend of mine has a 7 year old in public school, no frilly extra programs and about 350/mo in fees. 

As these frills from boy/girl scouts to swim camp are part of college entrance points - you will like most parents - spend a lot of time as cab driver.

You say you do not need much. Check out health insurance for self employed. Check out bonding and insurance for your business.

Who will take care of the kids when your wife is in school and you will be working 12/7?

Let's assume she makes it through 4 years of college with flying colors and then wants to join the ranks of job seekers - which employer will sponsor a starter? I see them coming through with two MBAs, most with something else such as CPA - and no visa problem and still no job.

Good luck! You will need to do a lot of research before making a move. Your business fails or it not profitable - you and your family have to leave within a very short period of time. Are you prepared for that?


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## RICHNTRISH (Jun 4, 2008)

twostep said:


> Oh yes! You cannot pick your public school. You have to live in its assigned district. Even public does not mean free. School supplies have to be purchased according to a given list, extra curricular activities such as day trips are normal, after school care, lunches, teachers' appreciation, school donations, closed days on short notice, summer camp. When they get older it gets more. Let's not discuss college yet. Some of the big ones announced increased tuition as of 2008 fall semester today.
> 
> A friend of mine has a 7 year old in public school, no frilly extra programs and about 350/mo in fees.
> 
> ...


Yes our schools are pretty much the same for extras and you have to live in the right catchments here to , so we have checked out schools and found some areas to live in .
Business failing is exactly one of the reasons we dont wont to stay on an E2 visa.
So are you saying employers aren't normally interested in sponsoring for a visa ? and would rather save the hassle and employ a native ?


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## Bevdeforges (Nov 16, 2007)

Take a good look at the State Dept. site on E2 visas here: Treaty Traders and Treaty Investors

The two sections that you may run afoul of include the bit about the investment must be "substantial" - which leads me to believe that $100K pool route isn't going to cut it. There's no threshold figure, but I've heard that they expect something in the vicinity of $500K to $1 million as a minimum investment.

The other one is "The investment may not be marginal. It must generate significantly more income than just to provide a living to the investor and family, or it must have a significant economic impact in the United States;"

The sense I get from all the websites promoting the "ease" of getting an E2 visa for the US is that they're happy to take your money, but I wouldn't count on them being able to "guarantee" a visa at the end of it.
Cheers,
Bev


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## Bevdeforges (Nov 16, 2007)

RICHNTRISH said:


> So are you saying employers aren't normally interested in sponsoring for a visa ? and would rather save the hassle and employ a native ?


Sponsoring a foreigner for a job visa costs quite a bit of money over and above any hassle involved in getting the work authorization to hire a foreigner (i.e. proving that there is no qualified local native who can do the job). It varies by the type of visa and job, but the figure I've heard is $1.5K to $2.0K in "petitioning fees." And it is illegal to reclaim these fees in any way from the employee being sponsored.
Cheers,
Bev


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## RICHNTRISH (Jun 4, 2008)

Bevdeforges said:


> Take a good look at the State Dept. site on E2 visas here: Treaty Traders and Treaty Investors
> 
> The two sections that you may run afoul of include the bit about the investment must be "substantial" - which leads me to believe that $100K pool route isn't going to cut it. There's no threshold figure, but I've heard that they expect something in the vicinity of $500K to $1 million as a minimum investment.
> 
> ...


Thanks , yes ive read through alot of these visa sites and boy does it make your brain hurt . The general concensus seems to be $100,000 minimum although they dont actually say this , just "substantial " but if you invest as low as this you have to be investing 100% yourself .
The amount of sites wanting to sell you help with visas is just amazing and most seem fraudulant .


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## Fatbrit (May 8, 2008)

Bevdeforges said:


> Sponsoring a foreigner for a job visa costs quite a bit of money over and above any hassle involved in getting the work authorization to hire a foreigner (i.e. proving that there is no qualified local native who can do the job). It varies by the type of visa and job, but the figure I've heard is $1.5K to $2.0K in "petitioning fees." And it is illegal to reclaim these fees in any way from the employee being sponsored.
> Cheers,
> Bev


In this case, the wife's initial employment would cost no more than anyone else -- she will have an EAD. Company sponsorship with USCIS and legal fees (you'd never get the perm through otherwise) I'd guesstimate at 10k to 20k over a time frame of a decade. All this time, the E2 must be producing sufficiently for renewal.

It is a hell of a long shot.


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## twostep (Apr 3, 2008)

RICHNTRISH said:


> Yes our schools are pretty much the same for extras and you have to live in the right catchments here to , so we have checked out schools and found some areas to live in .
> Business failing is exactly one of the reasons we dont wont to stay on an E2 visa.
> So are you saying employers aren't normally interested in sponsoring for a visa ? and would rather save the hassle and employ a native ?


You are a business man? 
An employer has to jump through the hoops of the application process, incurr the costs, hope the applicant will qualify AND get a visa and then wait for six months for his employee.

US college graduates are facing their challenges. A saturated job market unless you are extremely good. First your wife would have to make it through four to six years of school, find a job AND an employer willing to sponsor her. On what grounds would he do that?

You do not want to stay on an E2 and run a business. How do you expect to make a living aside from the visa issue?


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