Mother in law has E2 visa - some kind of transfer possible?

[pesos 1]

My mother in law is finishing up her first year of an E2 managerial visa (5 years). The company is unsurprisingly working her incredibly long hours for extremely low pay and my wife and I are of course concerned about her at her age.

She is going to move in with us and I am wondering what the potential options are as far as working it out for her to stay without this particular job - my wife is very much looking forward to her assistance following the impending birth of our twins (although right now we are concerned that she won't have any time to help/will be exhausted due to the work schedule).

I assume that when my wife potentially gets her citizenship a few years down the road this would become a non-issue, but wondering if there is something we could consider in a shorter timeframe.

I currently run my own small business, technology related. My wife is considering a few different options for boutique-y shops catering specifically to the neverending everspending throngs of Japanese tourists that flock here, so perhaps there is something there given the need for Japanese fluency and cultural understanding.

Just thought I'd throw it out there and see what the thoughts are - thanks in advance!

[NigeriaorBust 4,087]

There is no visa for her and it is against the terms of service to advise illegal actions

[iishlegend 1]

you can add your mil as a partner of your business, or she can start one by spinning off your business. these are legal suggestions.

[Boiler 45,670]

Start her own business and obtain an E2 investor visa.

[pesos 1]

Thanks guys - certainly not looking for illegal options.

Can she transition from the existing managerial visa to an E2 investor directly without leaving the country? I'm assuming there is a fairly significant financial investment for this option?

Thanks again!

[jan22 3,056]

you can add your mil as a partner of your business, or she can start one by spinning off your business. these are legal suggestions.

She would need to become a 50% (at least) partner in the current business....and have to document how she invested actual money to gain that partnership. (And document the investment for a new business). Then she would have to show that she was going to be the partner who was controling and directing the businews instead of the SIL. And, the financial records of the business would have to show that it was profitable enough that 50% of the profits (i.e., her share) was more than enough to fully support her. Lastly, she would need to convince all that she had no immigrant intent and would leave at the end of her E2 status. That might be very difficult, given the maneuvering to stay after the first E2. Real uphill battle, IMO.

[jan22 3,056]

Thanks guys - certainly not looking for illegal options.

Can she transition from the existing managerial visa to an E2 investor directly without leaving the country? I'm assuming there is a fairly significant financial investment for this option?

Thanks again!

She would need USCIS approval to begin working in another business (hers or someone else's), even if it is still in E2 status. The E2 is completely company specific and many businesses/positions would not qualify. As her current visa is an E2 employee visa and not an investor visa, she would need to start from scratch on all of the documentation required to prove a substantial investment in a business that is more than marginal. It is easier to do from outside the US, especially if there could be any hint that she was conducting any work-related activities for the new business while supposedly in the US working exclusively for the original E2 sponsoring company.

On a different note, you may want to suggest she review her rights under the Wilberforce Act...people on work-based visas have some specific rights re pay, works hours, etc. that it sounds like the company is violating. There may be some recourse via the D of Labor for her like bringing her work hours to a realistic level.

Edited January 28, 2015 by jan22

[pesos 1]

Thanks very much Jan - definitely planning to look into that. Much appreciated!

[Boiler 45,670]

Sounds like she would be looking at a business that need both capital investment and staff, the basics for an E2.