L2 or E2 Visa - Please Help

[Nadulka 0]

Hi I am an entrepreneur from Slovakia a permanent resident of Canada.

I left to US under ESTA and overstayed for 3 days (33days). I came back to Canada and apply for B1 visa but was denied due to immigrant intent. I reapply again within a week and was denied again. Officer told me that I still can try ESTA so I did but they denied me at the borders and got a stamp that I am inadmissible under ESTA plus made me go under oath and fingerprint me and all that stuff. They basically thought that I worked there but I didn't went to conferences and was there for business.

2 months after I tried to apply again for B1 to go to conference - I was denied and they told me that I need to wait a bit longer. Establish myself in Canada and then apply again like in 6-12 months. There is no way they will be letting me in as visitor anytime soon.

I need to go back to US to build my startup and I am thinking about two categories either E2 or L2. I invested a lot of money in my startup that would be good for E2 and might have some money to show them that I can invest more. My company does not produce any revenue as it is early stage hi-tech starup but has a potential of making really good margins. As for L2 I have been working for my startup for last 2 years but have not been taking any salary.

I need an advice which category is better for my based on the history of refusals. I cant afford to get denied again. Which category is also faster and can I apply for L2 at the borders?

If I get my Canadian citizenship would I get in to US under the Canadian passport without needing visa or they would know that I am the same person that they keep on denying?

[asisflyer 47]

You may also want to consider whether your technology skills are suitable for O2 Talent based visa.

[Nadulka 0]

I think that would take longer than other categories and not sure if I qualify.

[Boiler 45,525]

L2 means your spouse has a L1?

Have not looked to see if Slovakia is eligible for E2, assuming it is, how much initial investment will you be looking at in the US?

[Nadulka 0]

No - I don't have a spouse. So it will be for me because it is my company that I have invested in... invested over $150k and will have a bit more to invest and own 90% of the starup. Yes Slovakia is in the list of eligible countries.

[Boiler 45,525]

Then I presume you mean a L1, how many employees does your business currently have?

For the E2 I was asking how much you will be initially investing in the US, how many employees do you anticipate taking on in the first year.

[Nadulka 0]

I have one employee but want to hire more employees the first year - my startup is not making any money right now so I think I can't apply for E2.

[Boiler 45,525]

I have one employee but want to hire more employees the first year - my startup is not making any money right now so I think I can't apply for E2.

L is for multinational companies to move staff to the US, really do not expect that you situation falls into that category.

E2 requires investment in the US, and from what I can tell you are not intending to invest anything significant.

Time to consult with a Lawyer, maybe something you can look to do in the longer term.