# Moving to Florida



## PTY-FLA (Aug 28, 2008)

Hi, I'm reviewing different types of work visas to transfer from Panama to Florida, US. I currently work as a consultant for a company based in Florida, and the idea is to move to the main office and work as a regular employee, paying taxes an all. I have read about L1 visas and I believe it's the most convenient, as I can stay for a period of 3 years, with the possibilities of extending it further if needed. I have a wife and 2 children, one of them is currently in Kindergarden. I would like to hear some experiences from others that have done, or know, more on this area; like school system, cost of living, taxes, insurance, etc. I need to present a proposal to my company and see if it makes sense for me to move. Thanks!


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## JennSh (Aug 26, 2008)

PTY-FLA said:


> Hi, I'm reviewing different types of work visas to transfer from Panama to Florida, US. I currently work as a consultant for a company based in Florida, and the idea is to move to the main office and work as a regular employee, paying taxes an all. I have read about L1 visas and I believe it's the most convenient, as I can stay for a period of 3 years, with the possibilities of extending it further if needed. I have a wife and 2 children, one of them is currently in Kindergarden. I would like to hear some experiences from others that have done, or know, more on this area; like school system, cost of living, taxes, insurance, etc. I need to present a proposal to my company and see if it makes sense for me to move. Thanks!


What part of Florida will you be relocating to? I live in the Tampa area and can tell you about that if your are going to be in this area.


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## PTY-FLA (Aug 28, 2008)

That will be Palm Beach area. And the idea is to do it by begining of 2009.


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## Fatbrit (May 8, 2008)

PTY-FLA said:


> And the idea is to do it by begining of 2009.


Dunno whether the L1 is going to swing as you were a consultant rather than an employee. It can do, but you have to assemble the facts carefully. Beginning of 2009 means you need to start the process now.


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## PTY-FLA (Aug 28, 2008)

Fatbrit said:


> Dunno whether the L1 is going to swing as you were a consultant rather than an employee. It can do, but you have to assemble the facts carefully. Beginning of 2009 means you need to start the process now.


It's confusing, as I found in one site mentioning that you don't need to be an official employee or be hired by a subsidiary/sister company of the US entity, but if you have prove to have been working for them for at least one year, then it is ok. 

But now I realize that a L1 visa may not work, not because of the consultancy, but because it is a different entity in the US. 

What other type of visa do you think may work for this purpose? If you can help me with that... Thanks.


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## Fatbrit (May 8, 2008)

PTY-FLA said:


> It's confusing, as I found in one site mentioning that you don't need to be an official employee or be hired by a subsidiary/sister company of the US entity, but if you have prove to have been working for them for at least one year, then it is ok.
> 
> But now I realize that a L1 visa may not work, not because of the consultancy, but because it is a different entity in the US.
> 
> What other type of visa do you think may work for this purpose? If you can help me with that... Thanks.


What is your nationality?

Are you going to be an executive or managerial position in the Florida company?


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## PTY-FLA (Aug 28, 2008)

Fatbrit said:


> Dunno whether the L1 is going to swing as you were a consultant rather than an employee. It can do, but you have to assemble the facts carefully. Beginning of 2009 means you need to start the process now.


Other option!

What if I simply move to Florida, rent and apartment, and still get paid to my offshore account as a consultant, whitout applying for a work visa? I'm allowed to stay in the US for up to 3 months at any given time (B1/B2 visa) for business and or pleasure, and my work is mostly traveling to the Caribbean/Latin America. I can simply get my wife and kids to fly out 4-5 times a year, and then return right away, no monetary problem there. Can I get away with this? is this legal? I'm visiting the main office every month anyway! 

How about school for my 5 yo kid? (the other is 9 mo) and the idea is to be there for 3 years only, and with a legal work visa, I get the benefit of public schools. 

The main idea is for me to get more experience in the job (as I can be more exposed to the daily business in the US) and to save some money for both, the company and myself. 

I have no intention of staying forever in the US ilegally, as I own property in my country which is the total opposite of the US economy right now. I can rent my house right now and pay for most of my expenses in the US...

What do you think of this option, if I may ask?
Thanks for your input on this...


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## PTY-FLA (Aug 28, 2008)

Fatbrit said:


> What is your nationality?
> 
> Are you going to be an executive or managerial position in the Florida company?


Panamanian - Panama, Central America!
Right now I'm a Regional Director for Lat Am/Caribbean. Yes, managerial. I work as a consultant for this company and I get paid by wire transfer. It is totally legal for the company to do this as I'm outside the US. ( So I've been told by the CFO)

I currently hold a B1/B2 visa, which is for tourism and business related travel.


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## Fatbrit (May 8, 2008)

PTY-FLA said:


> Other option!
> 
> What if I simply move to Florida, rent and apartment, and still get paid to my offshore account as a consultant, whitout applying for a work visa? I'm allowed to stay in the US for up to 3 months at any given time (B1/B2 visa) for business and or pleasure, and my work is mostly traveling to the Caribbean/Latin America. I can simply get my wife and kids to fly out 4-5 times a year, and then return right away, no monetary problem there. Can I get away with this? is this legal? I'm visiting the main office every month anyway!
> 
> ...


Is it legal? No!

Will it work? Nobody knows! What I can tell you is that you begin to build up a pattern of repeated stays with short trips out, the immigration officer will get more and more suspicious. Most people get one warning ("This is you last time for a long time.") and then that's the end of it. Of course, if you arrive with everything but the kitchen sink on the first visit, it could occur rather earlier.

You have a Constitutional right to school provision for your children irrespective of their immigration status. However, on the I-94 completed on entry, you sign an undertaking that you will not enroll your children in a public school. So yes, they could go to school while they were here. But if you ever need to apply for a visa again, they will hit you hard with the fact you did.

Seen several folks who were persuaded to work here by their company but did not have the correct visa. Some of them were arrested and deported with a 10-year ban from entering the US. So it's not a problem for the company but rather for you.

Personally, first I'd investigate the L1 fully to see if you can slip in within its provisions. It gives you legal status, your spouse can also work if required, and there's no problem with the kids attending school.


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## PTY-FLA (Aug 28, 2008)

Yeah, I thought so... that's why I rather do it legally. But seems like the L1 visa may not work this time, as I'm new to the "new" entity. 5 months on this job. And the law says "at least 1 year..."

Are there other "legal" ways that you know of, I mean other type of visas that can have a better result?
Thanks again for your time.


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## Fatbrit (May 8, 2008)

PTY-FLA said:


> Yeah, I thought so... that's why I rather do it legally. But seems like the L1 visa may not work this time, as I'm new to the "new" entity. 5 months on this job. And the law says "at least 1 year..."
> 
> Are there other "legal" ways that you know of, I mean other type of visas that can have a better result?
> Thanks again for your time.


What is your nationality?

Are you going to be an executive or managerial position in the Florida company?


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## synthia (Apr 18, 2007)

Why are you so impatient? Why not just wait out the year? Oh, I just checked, and it will be more than a year, since any days spent working in the US don't count as part of the year. So if you have been going to the US often, your eligibility for the L1 visa is delayed. I assume you work for a consulting firm, because to get an L1, the business you currently work for must continue to operate for the duration of your visa.

Is there a special project you want to work on that is starting in January? 

As far as your idea of going to the US and being billed back in Panama, I would be surprised if your employer or client would go along with that.


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## PTY-FLA (Aug 28, 2008)

synthia said:


> Why are you so impatient? Why not just wait out the year? Oh, I just checked, and it will be more than a year, since any days spent working in the US don't count as part of the year. So if you have been going to the US often, your eligibility for the L1 visa is delayed. I assume you work for a consulting firm, because to get an L1, the business you currently work for must continue to operate for the duration of your visa.
> 
> Is there a special project you want to work on that is starting in January?
> 
> As far as your idea of going to the US and being billed back in Panama, I would be surprised if your employer or client would go along with that.


Hi Synthia, Not impatient; I'm just reviewing the possibilities of moving there for a few years, and if it makes sense for me to go. It does for the company as this move can save the company a few 000's a year... also will be some presonal savings for myself (according to my calculations) And if in fact, there can be some savings, it will be a good opportunity for me to get other perspectives of the business, and more exposure to the market for a few years. So it can be a benefit right now. That's the main idea. The waiting period is not a problem, I now see more issues regarding the visa type; I work as a consultant, managing the region (comercial & marketing) and it is under personal status, not a legal entity, and not owned by the mother company. So an "inter-company transfer" is not possible to justify (the way I see it now) 

I'm now reviewing other visa types and will speak to their HR dept. to see other possibilities. I was just wondering if anybody knows any "loop-holes" (there are always a few in these cases) that may be able to share...
Thanks for your input!


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## Fatbrit (May 8, 2008)

PTY-FLA said:


> I work as a consultant, managing the region (comercial & marketing) and it is under personal status, not a legal entity, and not owned by the mother company. So an "inter-company transfer" is not possible to justify (the way I see it now)


It may be.

As also may other possibilities but you need to answer the questions I gave you (twice) otherwise I have no idea whether, for example, there is a trader treaty or other agreement in force between the US and your country.


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## PTY-FLA (Aug 28, 2008)

Fatbrit said:


> It may be.
> 
> As also may other possibilities but you need to answer the questions I gave you (twice) otherwise I have no idea whether, for example, there is a trader treaty or other agreement in force between the US and your country.


Sorry Fatbrit, I thought I did yesterday. 
Panama, Central America. Managerial job; I'm a Regional Director for Latin America and the Caribbean. But work under a consultant status. My fee/salary comes in wire-transfer form, directly to my personal bank account. It is perfectly legal for the US company to do this. (so I've been told by the CFO)

Everything in my office in Panama, including the office, it's under my personal name, the company does not have a legal entity here. That may be an issue for the L1 visa I guess...

Thanks,


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## Fatbrit (May 8, 2008)

PTY-FLA said:


> Sorry Fatbrit, I thought I did yesterday.
> Panama, Central America. Managerial job; I'm a Regional Director for Latin America and the Caribbean. But work under a consultant status. My fee/salary comes in wire-transfer form, directly to my personal bank account. It is perfectly legal for the US company to do this. (so I've been told by the CFO)
> 
> Everything in my office in Panama, including the office, it's under my personal name, the company does not have a legal entity here. That may be an issue for the L1 visa I guess...
> ...


The L1 is still a possibility if you can show you were under the direct control of the US office for a period of 1 year or more.

There's also the possibility of an E2 manager visa since Panama is in the list.

Since you have expressed no desire to convert to permanent residence, this visa might be easier. It's main disadvantage over the L1 is that it is more complicated to so do. Requirements here are:

_The applicant must be a national of a treaty country;

The trading firm for which the applicant is coming to the U. S. must have the nationality of the treaty country;

The international trade must be "substantial" in the sense that there is a sizable and continuing volume of trade;

The trade must be principally between the U.S. and the treaty country, which is defined to mean that more than 50 percent of the international trade involved must be between the U.S. and the country of the applicant's nationality;

Trade means the international exchange of goods, services, and technology. Title of the trade items must pass from one party to the other; and

The applicant must be employed in a supervisory or executive capacity, or possess highly specialized skills essential to the efficient operation of the firm. Ordinary skilled or unskilled workers do not qualify. _
[Source: http://travel.state.gov/visa/temp/types/types_1273.html]

I'd say both an L1 and E2 are possibilities but you might need some squeezing to fit into one or the other category.


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## PTY-FLA (Aug 28, 2008)

Fatbrit said:


> ...
> [Source: http://travel.state.gov/visa/temp/types/types_1273.html]
> 
> I'd say both an L1 and E2 are possibilities but you might need some squeezing to fit into one or the other category.


Oh wow! there is a possibility then... I was feeling a little disapointed. Thanks a million! I will look into that right away. 

I will get back to you with the results and/or perhaps more q's!!! Thanks amigo!


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## synthia (Apr 18, 2007)

After you have investigated further, you might want to consult an immigration attorney, or the firm you consult for might have one that you can talk to.


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