> Please help!
> We want to buy an exsisting business, and we know we can never gain
> permanent residency, but what happens to our teenagers when they
> reach 21?
> We have no family in the UK. Our parents are deceased, so can the US
> just kick them out? They could never survive the UK's rent prices, as
> well as everything else being so expensive.
> So is it worth emigrating to the US, or perhaps we are better off
> moving to Australia or New Zealand. At least they wont get
> kicked out.
> But we really want to be in business, it's too hard to enter Australia
> without owning a business a least 2 years back in the UK. So the US,
> for buying a business, which is our main goal has it's restrictions.
> Anyone have ideas?
> Thanks
Unfortunately, dependents of E-2 visa holders have to find their own
U.S. visa status once they reach 21. One option is the F-1 student
visa, which can lead to an H-1B visa after graduation from university.
However, getting an H-1B requires that:
a) One have earned a bachelor's degree;
b) One have a job offer by an employer willing to petition for an H-1B
for the new hire. This can be tough in a competitive job market,
especially for new graduates. If there are other qualified
candidates applying for the job, employers may not be keen on going
through the extra work and expense of sponsoring an H-1B for a rookie
employee; and
c) There are H-1B visas still available for that fiscal year. Fiscal
Year 2005 will have have a cap of only 58,000 H-1B visas, and almost
40,000 of those have already been used. Many people who need H-1Bs
this year probably won't get one.
Once the H-1B is had, it is still just a temporary, 6-year visa. The
green card must be obtained either through employer sponsorship or
marriage to a U.S. citizen or permanent resident. In other words,
there's quite a bit of uncertainty involved when one is an E-2
dependent.
Another option (that may or may not work) is to have the E-2 company
hire the children once they turn 21. This would switch their status
from E-2 dependent to E-2 "essential skills" or E-2 "manager/director"
status. The trick would be convincing the consulate that your kids have
essential skills necessary to the company, or that they will be actively
employed in a managerial or executive capacity.
One thing to remember about U.S. immigration law is that laws, policies,
and officers' attitudes change all the time. We're currently in a post-
9/11, economic downturn climate, which means U.S. immigration is about
as restrictionist as it has ever been in recent memory. In 2000, when
the economy was booming and 9/11 was not even imagined, INS and the
consulates were generally pretty reasonable and rational, and would
approve most any petition or application that had legitimate grounds for
eligibility. These days they're not only denying questionable
petitions, but also perfectly good ones. U.S. immigration law, as
written, has a visa or green card for about anyone who can be of benefit
to the country in some way. However, with the current climate of "say
no" at the relevant government agencies, entire groups of people find
themselves in Catch-22 immigration situations. For instance, E-2
investors and their dependents. Hopefully some liberalizing factors
(such as an economic recovery or Kerry being elected) will kick in in
the future and things will get back to normal.
Canada has a great immigration policy for investors. With $400,000 one
can get landed immigrant (green card) status for the whole family, no
questions asked. With one of the programs they'll even pay you interest
on your investment, and give you tax free status for two years.