Work Visa Recommendation

[thestas 0]

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

[designguy 1,179]

So a couple things here:

• Is your intention to permanently live in the US because your wife didn't immigrate as a TN is a non-immigrant visa. 
• Can you be more clear about "Your" company? What is the ownership structure?
• L1, E2, and TN are Non-immigrant. EB2 and EB5 are Immigrant 
• 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?
• 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

 

 

 

Edited November 11, 2020 by designguy

[SusieQQQ 11,586]

Side note: a TN is not an immigrant visa, you mean your spouse is working temporarily in the US.

 

Suggest you engage a lawyer. L1 to green card (L1 is a dual intent visa, and company can sponsor for green card) is something I have seen before in similar situations (that is, opening a US office, assuming you have been in a managerial position in the company), but they have become more strict about the requirements and checking them over the past few years, and you’d need to show the company would remain operational outside the US I believe for it to be successful. I would not suggest a DIY approach. I’m sure company can write off legal costs for this in any case?

 

I don’t know enough about E2, but it’s not an immigrant visa. EB2 you need a company to sponsor you as well, doesn’t sound like that fits your plans.
EB5 if you have the money and can find something in NYC that meets the requirements (there are restrictions on what you can set up and where), but they are taking a few years to process. L1 to GC sounds preferable to this imo.

Edited November 11, 2020 by SusieQQQ

[thestas 0]

@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.

[designguy 1,179]

6 minutes ago, thestas said:

@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.

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

Edited November 11, 2020 by designguy

[thestas 0]

@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. 

[SusieQQQ 11,586]

12 minutes ago, thestas said:

@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. 

It sounds to me like L1 would be the route to go in that case.  (Note that L1 visas are banned till the end of the year, but I there is not way you would have been at visa stage by then anyway so I don’t think that’s really relevant to you anyway.)
 

I am also assuming you don’t want to wait 3-5 years for the EB5 paperwork to maybe get to embassy stage, which is the currently listed processing times on the uscis website.

[thestas 0]

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

[SusieQQQ 11,586]

33 minutes ago, thestas said:

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

Sure you can start the application process. There is a lot to be done before you get to embassy stage.

[designguy 1,179]

41 minutes ago, thestas said:

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

The foreign company will apply. Not you personally

[thestas 0]

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

[SusieQQQ 11,586]

14 minutes ago, thestas said:

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

We already said, yes you should get a lawyer involved, the evidentiary burden of the paperwork is not DIY.  
 

 

Edited November 11, 2020 by SusieQQQ

[designguy 1,179]

15 minutes ago, thestas said:

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

Even if you personally own the company it's still a petition that is made on behalf of the foreign company. So the UK company will submit the DS-160 on your behalf. One thing to consider is you said that you will be remote.

 

From what the USCIS site says it seems that when sending an employee to establish a new office, one of the requirements it that there is a physical location for the new office. Just something to keep in mind, but also something a lawyer would give you clarity on

https://www.uscis.gov/forms/explore-my-options/l-visas-l-1a-and-l-1b-for-temporary-workers

[Boiler 45,541]

Are you moving to Wyoming or NY?

[SusieQQQ 11,586]

22 minutes ago, designguy said:

Even if you personally own the company it's still a petition that is made on behalf of the foreign company. So the UK company will submit the DS-160 on your behalf. One thing to consider is you said that you will be remote.

 

From what the USCIS site says it seems that when sending an employee to establish a new office, one of the requirements it that there is a physical location for the new office. Just something to keep in mind, but also something a lawyer would give you clarity on

https://www.uscis.gov/forms/explore-my-options/l-visas-l-1a-and-l-1b-for-temporary-workers

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.