Sep
7
FAQ: Partner Working on E2 Visa
Filed Under Ask Chris, E-2 Visa | Leave a Comment
Q: I am officially the ‘main investor’ on my E2 visa. Can my partner work on the visa?
A: When the application is made for the E2 visa, there needs to be on investor and one non-investor if one spouse wishes to work. In order to qualify as the investor all the investment documentation i.e., documents showing the purchase of the business must be in the name of the new owner. This new one qualifies for the E2 investor visa on that basis, et. al and the spouse then qualifies for the work permit. This is not something that is easily interchangeable, as what it would entail would be a legal changing of ownership from one spouse to the other with USCIS approval. It would be better if the spouse most likely to end up in the work place long term not be the designated owner of the business even if initially, that spouse may play a leading role in setting up the business for the investing spouse.
Sep
6
FAQ: E2 vs Green Card
Filed Under Ask Chris, E-2 Visa, Green Card | Leave a Comment
Q: What’s the difference between an E2 visa and a Green Card?
A: The E2 visa runs forever as long as the business runs. The major difference between the E2 and the Green card is that with a Green card the alien does not have to work, own a business or anything. It’s therefore desirable for the non-investing spouse to work their way into an employment situation where a green card in the future would be possible. The speed of getting a green card through employment depends on the level of skill required for that job. So for example, in order to get a green card through employment the job itself (generally speaking) should be one where a certain amount of education and or skill is required. Typically, two years training.
The higher the amount of education and skill involved in doing the job then faster the green card will be processed, i.e., a Ph.d graduate would get their green card faster than a plumber. The second factor in speed of getting the green card would be down to the fact that in order for an American employer to sponsor an alien for a green card, the employer must first prove that there were no Americans willing and able to do the job at that time. So the lower the skill level of the job the harder this will be to prove. For example, it would be hard for an employer to prove that after extensive advertising he could not find a qualified receptionist, but it would easy for an employer to prove that he could not find a suitable Ph.d. Now with a work permit an American employer can hire you at the drop of a hat, but having employed you if he then wanted to sponsor you for a green card he’d have to have another unfilled vacancy he could put you up for where the aforementioned test would be played out.
May
24
Ask Chris: Retiring in the US
Filed Under Ask Chris, E-2 Visa | Leave a Comment
Q: My husband and I want to retire in the US. Is there a type of visa we need for this?
A: With regards to retirees US immigration is difficult - this is because US authorities believe that without immediate family to support them, ultimately these aliens will become burdens on the state. For most Brits this of course is not true, but US immigration does not discriminate by countries in this regard. The only way retirees are able to relocate to the US would be if they bought a business here that required very little supervision and already employed a few people.
By supervising their own business they could qualify for an E2 visa that would be renewed every two years indefinitely as long as the business kept going. This for the most part is the only way to achieve close to your goal.
Apr
6
Ask Chris: Immigration and The E-2 Visa
Filed Under Ask Chris, E-2 Visa | Leave a Comment
Q: My partner and I wish to live and work in the US. Is it possible to come to the US on a H-1B visa at this point? If not, what are our options?
A: The H-1B visa might have been an option but there is a very small quota of 58,000 visas that are released each year. By late Monday afternoon (02APR07), US Immigration (USCIS) had already received 150,000 and are now running a lottery.
Even if you were able to get a H-1B visa, it is very limited as your spouse is not granted any right to work whatsoever. The E2 is a much better deal because the non-investing spouse can obtain an unrestricted work permit. Read more
Apr
5
Q: Can I get a work visa without a college degree?
A: As a non-graduate you would come under the 3rd preference. Even if you found an employer willing to sponsor you, US immigration is currently working applications that were filed on August 1st 2002. This means there is a backlog of five years. However if you had an MA, then the “C” class means that green cards are currently available and the wait would be about one year for processing.
The H-1B option is unlikely to work for you either, because the H-1B is only available to someone with 12 years progressive experience or if they have a BA and the job they are seeking requires a BA as a minimum entry level. Your best option is to see a good immigration lawyer who can discuss further options available to you (e.g the E-2 visa) in your efforts to relocate to the US.