Small Business Owner

[Bartender 0]

I have a question about Canadians moving to the United States.

 

It's pretty clear if you have family there or if you get employment, but what about a small business owner?

 

Say, for example, a graphics designer with clients in Canada, the United States and abroad. That person doesn't need a job; they can work from anywhere. If they moved to the U.S., the income would then come into the U.S. and they would file and pay taxes there. As it is now, the income comes to Canada and taxes on that income are obviously paid in Canada.

 

How does a small business owner like this go about moving to the United States? I'm trying to figure out which visa apply, what options there are. Any help would be appreciated. 

[Ontarkie 14,280]

~~Moved to Work Visas, from the Canada forum - the topic is about starting a business in the US.~~

[Boiler 45,673]

E2 would be the most common small business visa.

[Bartender 0]

I believe with this visa, the company has to have multiple employees, no?

 

In this case, the small business is like a sole proprietor. Lots of clients, good revenue but no need for employees at this time.

 

Can an E2 still apply? 

[Boiler 45,673]

Nope

 

An O1?

[Bartender 0]

I'm not quite sure that a graphics designer or online marketing specialist falls into that type of category. Is there a case to be made for that?

[Boiler 45,673]

Depends on how exceptional they are. Obviously there are graphic designers that would qualify.

[Bartender 0]

Maybe I'll sound like a newbie here but is there a way to sit down and present the case to say:

-this person wouldn't need a job

-this person already owns a piece of property (to live)

-wouldn't be taking someone else's job

-U.S. would benefit immediately by earning tax dollars they are missing out on (income would come through U.S. instead of Canada)

 

Is there a way to chat with UCSIS and present this to see if they might be interested or is it simply a matter of finding a path through a visa. Seems like these types of successful sole proprietors fall in the cracks here.

[Boiler 45,673]

It sounds like you do need a job, from a US Employer who is willing to sponsor you assuming there is a category applicable.

 

None of the factors you mention are relevant, if your income is that significant you could buy a Green Card through an EB5 investment visa.

[SusieQQQ 11,586]

8 hours ago, Bartender said:

Maybe I'll sound like a newbie here but is there a way to sit down and present the case to say:

-this person wouldn't need a job

-this person already owns a piece of property (to live)

-wouldn't be taking someone else's job

-U.S. would benefit immediately by earning tax dollars they are missing out on (income would come through U.S. instead of Canada)

 

Is there a way to chat with UCSIS and present this to see if they might be interested or is it simply a matter of finding a path through a visa. Seems like these types of successful sole proprietors fall in the cracks here.

If there is a visa like this let us know if you find it, because there are probably many thousands of people who could and would move to the US in a heartbeat if these were the only requirements. I certainly personally know a number of people who would. (Most of the own business type visas seem to require you to actually employ locals too, not just yourself. The people I know who have already moved have used EB5 and other E visas.)

Edited November 21, 2019 by SusieQQQ

[Bartender 0]

Thanks Boiler and Susie Q.

 

Boiler, would I be able to freelance on the side (to maintain my clients) if I took a job in the US? Or would I have to give up my business altogether?

 

SusieQ, from the sounds of your answer, maybe there is a visa? It sounds like there are many varieties of visas, so maybe there is something that fits but is just not evident? I was wondering if that was the case, which is why I thought maybe speaking to UCSIS might help.

 

 

[Boiler 45,673]

Generally speaking no, a work visa is to work for the petitioning company.

 

USCIS is not there to provide guidance, for that best to speak to the Company Immigration Lawyer.

[SusieQQQ 11,586]

32 minutes ago, Bartender said:

Thanks Boiler and Susie Q.

 

Boiler, would I be able to freelance on the side (to maintain my clients) if I took a job in the US? Or would I have to give up my business altogether?

 

SusieQ, from the sounds of your answer, maybe there is a visa? It sounds like there are many varieties of visas, so maybe there is something that fits but is just not evident? I was wondering if that was the case, which is why I thought maybe speaking to UCSIS might help.

 

 

Like I said, I am not aware of any "i can buy a house and employ myself" visa. I know a good number of people who could do this and I am sure I would have heard, rather, these are the people who end up emigrating to Canada, Australia and New Zealand where they can self-sponsor due to different criteria. In the US, it seems the options are either you work for someone else or you employ someone else. The closest i can think of is an L visa to open a US office, but a sole proprietor would not meet the basic criteria for that either.

[aaron2020 11,651]

Unfortunately, you do not have a path to the US.

 

As a graphic designer, you are servicing clients in Canada, the US, and abroad.   You can work from anywhere in the world, so what would the employer's justification for you to live and work in the US?  It would be weak at best.

On a work visa, you can only work for that employer.  You can not do any outside work, including working for yourself.  

USCIS processes paperwork and they do not give advice or help you explore what visas you potentially could qualify for.  If you want advice on potential paths to the US, then you need to self-educate or hire a lawyer.  

Sorry for the harsh truth.  

 

[Bartender 0]

Thanks everyone for the help. Much appreciated!