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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94971
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am a british citizen and just exploring options to migrate

Resolved Question:

I am a british citizen and just exploring options to migrate to the US. Please let me know the options are available to permanently settle in the US. I currently run a business in the UK. I have heard of the E2 visa and was told about a few options. Looking forward to learn more.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.



It is currently not easy. How much money do you have to invest? In what location will you invest it in (city and state)? What level of education do you have?
Customer: replied 11 months ago.

Regarding investment, I can start a branch of my existing business? Probably invest between around $200K.


Looking at Houston, Texas.


Education: Masters degree

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.

Ok. That's good. While law only says, "substantial investment", for the E-2 visa they usually look for around $200,000 or more. This is because anything less is a weak case that could easily fail. And they will not approve a visa for a business that they think will easily fail and you would end up being out of status. The reason I ask where you plan to invest is because if you go to a big city, Las Vegas, New York, Los Angeles, Miami, Dallas, Atlanta, Chicago, etc., where most people want to live, the cost of living and doing business is much higher. Because you have $200,000 or so, you should be ok. If you wanted to invest less and still do an E-2 you could open the business in some small town in the middle of nowhere that has a very low cost of living and doing business, like maybe a small town in North or South Dakota, Utah, Nebraska, etc. But with a $200,000 investment, you should be ok in Houston, TX.


Here is a link to the E-2 if you want to read more:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2ea36811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=2ea36811264a3210VgnVCM100000b92ca60aRCRD

Since you own a business outside of the U.S. for more than 1 year and will continue to run that business, you can invest $100,000 or more in a U.S. business (doesn't have to be the same business, but must be related by ownership) and you can try for an L-1A visa. Here is a link to that, but keep in mind that both businesses have to be run and should be successful. You can't just come to the U.S. and forget about the business outside and let it die:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=64d34b65bef27210VgnVCM100000082ca60aRCRD&vgnextchannel=64d34b65bef27210VgnVCM100000082ca60aRCRD

I have to log off for a bit, but I will be back in an hour or two. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 11 months ago.

1) Does the E2 visa have a route to green card / citizenship. If yes, how many years and what is the process?


2) Does E2 have to be qualified with each renewal?


 


I understand that there are only two routes now E2/L1A visa. I am more inclined to L1A

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
1) Not really. Not a direct one. L-1A does. That one is better. For E-2 to get you a green card, your investment would have to reach $1,000,000 and create jobs for 10 U.S. workers. The investement could be $500,000 or more if it was invested in a rural or high unemployment area as designated by the U.S. government.

2) Yes. Every 2 years you would renew and you have to show that the company is still doing well. But that's the same thing with the L-1A as well.

L-1A would probably be best. Please let me know if you have additional questions and please do not forget to rate my service to you positively as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.

Customer: replied 11 months ago.

Yes, i agree that L-1A might be better suited.


 


1) Is L-1A approved for two years initially?


2) What is the criteria for renewal?


3) How many years does it take to get a green card?

Expert:  Guillermo J. Senmartin, Esq. replied 11 months ago.
1) If it is a new company, yes and sometimes even 1 year just to see how it goes. The L-1A has a maximum of 7 years including extensions.

2) The same as the criteria for getting it. Except that for renewal, you have to show that both companies are successful. Also, you should file the green card after your first renewal because remember that the category of EB-1C requires that you should you have worked for 1 year out of the previous three years for the outside company. If you wait until the 5th year on L-1A, you most likely would not be able to show that.

3) It can usually be done within a year of applying for the green card.


Please do not forget to rate me positively. As I do not receive a salary, it is the only way that I get credit for my service to you. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 94971
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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