# France to US - Miami



## The_Froggy (Nov 8, 2015)

Hello All,

I have questions about being an expat in the US and more particularly Miami.

I got a proposal to be Senior VP in IT in Miami for a confirmed startup in the travel technology field.

The proposed salary is split like that:
- 80% on salary - approx. 160.000/180.000$ per year
- 20% bonus
- Equity
- Benefits: Health Insurance+Dental

I am in my early 30's and we are a family of 3: Myself, my wife and my 5-years-old kid.
My wife is currently Legal Counsel but that would be difficult to work in the US as she's not qualified in the US.

What could I request on top of this offer as expat?
School, Relocation, ...??? I do not know the rules...

Thanks in advance!


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## twostep (Apr 3, 2008)

As always - what visa does the company propose?


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## Bevdeforges (Nov 16, 2007)

Basically, there are no rules, so what you see is what you get - unless you negotiate a bit more.

Type of visa is definitely critical, particularly if you intend to go for permanent residence (i.e. a Green Card). You should get relocation (plus perhaps some agreement for repatriation if the job doesn't work out in the first year or so). I would at least ask about tax assistance/preparation for the first 2 to 5 years. The US tax system is a "strange and wondrous" thing at the best of times, but the first few times through are the worst if you have to stumble through it yourself (and hellishly expensive if you have to find your own tax preparer).

School is a toss up issue. If there is a reasonable chance you would be returning to France in the next few years, then yes, you may want some underwriting of private school costs if you want your child educated at least partly in French. But at 5, he should be able to jump into the US public system and will be completely bi-lingual within a few months. Seems like an opportunity not to be missed (though I don't have kids, so what do I know?).

One other fairly common expat perk is home leave for the whole family every year or so. (Beware US vacation allowances - you'll start with a mere 2 weeks most places, even at a VP level.) Some expats get the company to pay for the home leave travel, others just negotiate the additional holiday time for this sort of a trip. Depends how important it is to you and the family.
Cheers,
Bev


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## The_Froggy (Nov 8, 2015)

Thanks a lot for your replies! Really appreciated!

What does that mean type of visa? I am not familiar with it....

On top of that I know that a Public School in Coconut Grove in Miami has a bi-lingual program French/American and would be a good fit for my kid.

Moreover, my wife is currently in-house legal counsel here in France and I wanted to know which type of jobs she could find in Miami? (Legal Counsel / Lawyer request a US bar admission)

Thanks again!


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## Bevdeforges (Nov 16, 2007)

There are a number of different types of visa your employer can bring you over on. The "A ticket" is an L-1, often used for transferring in executive level staff. 

If the bilingual program is in a public school, then you'd have to check with the school district to find out what the admission process and criteria are.

Your wife could probably work for a private company as part of their legal department without having to re-qualify, provided she has experience in international corporate law or something similar. Obviously, she wouldn't be able to go to court, but she could still do research and advise on legal matters.
Cheers,
Bev


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## EVHB (Feb 11, 2008)

L-1 will only work if you are already working for that company (or holding) for at least 1 year in a qualifying position.
H1-b: they can send in application by April 1st, probably there will be -again- more candidates than visa, so they will do a draw. If you are one of the lucky ones, they can get you in the US by October 1st 2016. This is a non-immigrant visa, so not always possible to get a PR card before you have to leave the country.


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## Crawford (Jan 23, 2011)

The_Froggy said:


> What does that mean type of visa? I am not familiar with it....
> 
> 
> 
> Thanks again!


You can't work in the US unless you have a work visa. You have to have the visa before you move to the US.

The sponsoring company has to apply for it. What visa is your new company intending to get for you?


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## twostep (Apr 3, 2008)

Bevdeforges said:


> There are a number of different types of visa your employer can bring you over on. The "A ticket" is an L-1, often used for transferring in executive level staff.
> 
> If the bilingual program is in a public school, then you'd have to check with the school district to find out what the admission process and criteria are.
> 
> ...


OP posted that it is a start up. One requirement for L1 is a year in a managerial capacity prior to transfer.

Legal counsel is a fine line. But it all depends on OP's visa.


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## BBCWatcher (Dec 28, 2012)

twostep said:


> One requirement for L1 is a year in a managerial capacity prior to transfer.


No, management is not actually a requirement. Executives and those with "specialized knowledge" can also qualify for an L-1A or L-1B. However, the two companies have to be related. For example, if the "startup" is a startup in the sense of a French company opening a U.S. branch office, that'd be OK.

I think it's best we refer the original poster to what USCIS itself says about the L-1A and L-1B visas.


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## daygl0 (Aug 12, 2015)

What about retirement? You didn't mention that. Are you moving permanently? If so, then you WILL need to save for retirement and the better package you get from your job, the better. Also, you might want to get your vacation in writing. I would second the relocation, potential for green cards, and tax preparation.


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## Bevdeforges (Nov 16, 2007)

Let me mention one little caveat (since you did say this job is with a start-up company). Many new companies don't have any experience with hiring from outside the US. It is not a particularly easy procedure, and is usually done (or at least assisted) by the employer's legal department or legal counsel.

Basically, it's not your problem - but you should at least ask what type of visa they are planning on obtaining for you. It will affect quite a bit about your job and job offer. 
Cheers,
Bev


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## BBCWatcher (Dec 28, 2012)

For the record, EB, O-1, and E-1 visas are unlikely but still possible candidates in these circumstances. USCIS also has details on these visa categories on its Web site.


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## The_Froggy (Nov 8, 2015)

Thanks a lot for your answers.

I will check about the visa type.

They hunted me via a recruitment agency and they handled the recruitment process.
The startup has been created 5-10 years ago.

Which visa type should I request? Which one should allow my wife to work? 
Are there restrictions about access to public schools, university tution fees... or other restrictions based on the visa type?

Thanks again!


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## BBCWatcher (Dec 28, 2012)

The_Froggy said:


> Which visa type should I request?


Before you get to that question, check USCIS's Web site to see which visas you might possibly qualify for. It's quite possible you can only qualify for one visa (or even zero!), so you might not even have a choice. For example, the L-1 visa is probably a nonstarter if this is a startup that has no ownership relationship (in either direction) with your current employer.

Note that your employer applies for a visa on your behalf, with your cooperation. This is primarily their heavy lifting to do. If they're not already aware of the work that lies ahead of them to sponsor your visa, that's already a problem.



> Are there restrictions about access to public schools, university tution fees... or other restrictions based on the visa type?


Public elementary and secondary schools, no.

If you're referring to public university tuition rates, those vary based on length of residence in the particular state. It's very similar to how the U.K. operates with respect to determining Home/EU tuition rates. To qualify for the "in state" rate you'd need a certain minimum period of continuous residence in that state, though (most probably) the visa type itself won't matter. For private universities residence duration doesn't matter at all, with a couple rare exceptions among the very few state-supported private universities. Immigration status can affect the availability of government financial aid such as Pell Grants, federal work-study programs, and federal student loans.


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## The_Froggy (Nov 8, 2015)

If the company is based in various places out of the US, would that be easier?
How easy is it to get a visa from a new employer?
I am a little bit scared now....



BBCWatcher said:


> Before you get to that question, check USCIS's Web site to see which visas you might possibly qualify for. It's quite possible you can only qualify for one visa (or even zero!), so you might not even have a choice. For example, the L-1 visa is probably a nonstarter if this is a startup that has no ownership relationship (in either direction) with your current employer.
> 
> Note that your employer applies for a visa on your behalf, with your cooperation. This is primarily their heavy lifting to do. If they're not already aware of the work that lies ahead of them to sponsor your visa, that's already a problem.
> 
> ...


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## Crawford (Jan 23, 2011)

The_Froggy said:


> If the company is based in various places out of the US, would that be easier?
> How easy is it to get a visa from a new employer?
> I am a little bit scared now....


Easier if based in various places - NO
How easy to get a visa? This depends on what type of job and what type of visas are applicable to the job.

Sounds like your prospective company needs to get an immigration lawyer who is experienced in employment visa applications.

The fact they have not even discussed the visa element of the job with you makes me think they have never imported an employee before. Therefore the job they are offering may not even be eligible for a visa.


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## Bellthorpe (Jun 23, 2013)

1) No

2) What kind of visa? You really do need to follow BBC's advice and work through the list, thinking about which might fit your circumstances.


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## twostep (Apr 3, 2008)

It is all tied to your visa. That is why it is so important. We can shower you with contract advice, how to pick a school, how to find a job for your wife, .... Until you know what visa it is all smoke.


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