E2 Visa

[RICHNTRISH]

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

[ninny_poo]

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!!

[synthia]

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.

[Fatbrit]

Originally Posted by RICHNTRISH

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.

[RICHNTRISH]

Originally Posted by Fatbrit

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

[RICHNTRISH]

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 ?

[Fatbrit]

Originally Posted by RICHNTRISH

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.

[Fatbrit]

Originally Posted by RICHNTRISH

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.

[RICHNTRISH]

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.

[twostep]

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?