thestas

Hi All, 

I was wondering if anyone had any insight when the Toronto consulate will be scheduling interviews for non-immigrant visas? 

I submitted my application in Dec 2020 and my wife (TN Visa) is currently in the US and I have a running business in the US that needs my attention, we have a business in the UK and the US (if that helps).

I was wondering if anyone could provide any advice at this point as If I don't hear anything back by the end of July for the E2 visa, I will need to come up with another plan as I need to get to the US to start running this new business. 

Thanks,
Stas

4 hours ago, designguy said:

Ok

I would say the EB2 is kind of out of the question based on what your intentions are. 1.5 will not be enough for a non-TEA. What are the source of funds? I believe most of NYC is probably not in the TEA but there might be some. This is definitely not a DIY process so if you are serious about the EB5 you should contact a lawyer. There is A LOT of paperwork/work associated with this visa and it will take a couple years to do

 

 

FYI I did an E2 a few years back and got it Premium Processed and everything done in a couple months. If your intention is to get to the US asap then I would suggest going down a non-immigrant path first and then pursuing the immigrant path when you get here

Thank you, I started gathering evidence for the E2 visa earlier this year but then Covid hit. So thank you for that advice, I was thinking the same thing. 

2 hours ago, Boiler said:

Are you moving to Wyoming or NY?

Company is registered in WY, the company will be run out of NY

2 hours ago, SusieQQQ said:

Indeed, and they now send people to examine the physical location, and that it makes sense location and size wise for the stated purpose, etc. Thus, lawyer. If you don’t need to be physically located in the US, you don’t need a visa, so remote is not going to cut it.

 

And correction, the company files the i129 to petition the foreign employee/manager. The actual visa application is always by the applicant for the visa, in this case, OP. But the process is petition filed/petition approved (or RFE before approval, or denial)/visa application (if approved). First step in the process is to find a competent lawyer.

That is all clear, thank you. 

3 minutes ago, designguy said:

The foreign company will apply. Not you personally

Thanks, when you say the company. Could you eleaborate? As I own the US company that has been setup, we have bank acocunt and revenue is being generated. Do I  need to hire a lawyer to create the required paper work in order to issue me an L1?

Stas

Thanks All, it seems like L1 is the way to go but I can't apply for it until January 2020. 

@SusieQQQ

Yes, you are correct temporarily working in the US. 

I am the CEO of the company (we're 6 people at the moment). The UK entity has not dependencies in terms of revenue stream on the US entity, the UK entity is profitable and the US is becoming profitable. I would simply be looking to transfer myself to the US entity to be able to build the business out there. 

I assume when you say "DIY" you mean I am not going to complete the paperwork myself? Which is correct, I will hire lawyers to do this on my behalf, I just wanted to know what the best options are before I go seeking lawyers. I hope that makes sense. 

@designguy

• Is your intention to permanently live in the US because your wife didn't immigrate as a TN is a non-immigrant visa. 
  • Yes, we would like to stay in the US permanently. 
• Can you be more clear about "Your" company? What is the ownership structure?
  • I own 60% of the company. 
• L1, E2, and TN are Non-immigrant. EB2 and EB5 are Immigrant 
  • Understood.
• EB2 (for the most part) require a company to sponsor you, so its not something you would apply for. What kind of degrees do you have?
  • Hons Bachelor Degree in Information System Security (engineering degree from a reputable university).
• EB5 is if you have the money to invest. I believe the current requirements are either 900,000 in a TEA or $1,800,000. An outside investment in your current company would not qualify
  • We should have access to $1.5m. I guess TEA would not apply for NYC? Although we are going to be remotely working for at least the next year given Covid-19.

Hi there, 

I was hoping someone could provide me with some suggestions or feedback as to what the best options are to immigrate to the NYC. I asked a similar question a little while ago but a few things have changed since then. 

The situation is the following:

• I am a Canadian\British citizen that is currently running my own business. We have two seperate entities one in Wyoming and one in London. 
  • I am currently in Toronto.
• My wife is Canadian and immigrated to NYC last September on an TN visa, we were not married at that time but are now. 
• My company is in the middle of a seed round raise, aiming to raise over $1m USD (if that helps).

The goal is that I can move to NYC with my wife, I want to work and run my own company. We will be hiring employees in the new year in the US entity.

So my question is what is the best visa to apply for? I was looking at L1, E2, EB2, EB5, TN. Is there anything else I should consider? or any suggestion would be most welcome. 

Thanks in advance, 

Stas

Hi there, 

I was wondering if someone could answer this question for me, I think it's going to sound pretty dumb but here goes. My Fiancé has moved to NYC on a TN visa and I am now trying to join her and we are looking at different options. I was wondering if it would be possible for her to change her TN visa to a L1 as she was transferred from the UK to NYC and I could be listed as a dependent. Our goal is the ability for the both of us to work and I own my own business in the UK which I am going to expand to the US as result of this move. Alternatively, I was looking at the E2 visa for my self and I hold both a Canadian and British passport.

Thanks in advance, 

Stas

@jan22 thank you for the clarification. I am UK based and the company is registered in the UK. I was just assuming that having a Canadian passport would be easier to get the E2 visa but that doesn't seem to be the case. 

I was initially thinking of E2 but it looks like EB2-NIW might be a good avenue to also look into. 

Stas

Thank you both. 

Hi there,

I was hoping I could get some advice about the best way to immigrate to the US. My fiancé has taken a job and moved to NYC on a TN visa. We are both Canadian and I have British citizenship as well, I have an advanced degree in IT and was a senior member of staff for a large oil and gas company until last November. I have since opened my own business which is primarily operating out of the UK but we can easily expand into the US. 

My question is how can I get a work visa that is not tied to an employer? I was looking at either the E2 or the O category?

• For the E2, I have a profitable company and can invest 60k into the US, with a business plan and all the supporting documentation. 
• For the O category, I have number of professional memberships and work with multiple international companies, mostly in Finance that would be happy to write recommendations. I have professional recommendations from various business leaders and insiders, if that helps at all. 

Any advice would be welcome,

Stas