Unique qualifications question

My husband has a unique qualification as a classic car restorator. He is a licenced automotive techician, who specializes in classis & antique cars. We own a restoration business in northern canada and are looking at moving our business and ourselves to warmer climes.
An automotive technician is not listed as an acceptable profession under the TN-Visa requirements, does anyone know how his specialized trade could be acceptable.
Thanks for anyones suggestions.
K & J in NWT

If it's his own business and it requires a "substantial investment" then you can go in as an E-2 treaty investor. Have a read of: http://toronto.usconsulate.gov/content/ ... tion=visas

There's something wrong with this forum software, it keeps chopping off the bottom of my posts.

Anyway, it will help you to get a good immigration consultant if you want E-2 as it's the most complicated visa to go for, requires a business plan, financial statements, etc.

"Substantial investment" usually means at least $50,000 although I've heard of people getting them with less. It has to go into the business, you can't just buy a house and say that's the investment, has to go into tools, equipment and so on although I suppose if you had a garage purely used by the business that might qualify.

E-2 is valid for 2 years and can be renewed indefinitely as long as the business is going and you remain in control of it. Spouses of E-2 visa holders can get work authorization by filing I-765. Children of E-2 visa holders can study but cannot work and have no status when they reach 21 (so have your kids in the US so they are US citizens).

Thanks steve, thats good to know.
Do we have to apply outside of the states, or can we buy a house, move there under a 'visitor' status and apply once we're there? Also, my husband is the canadian and I'm from the UK living in canada, legally, under Permenant Residence status (I've done this emigration thing before, 28 yrs ago!). I'm not sure if this means I can go there on his coat-tails because I'm not a canadian citizen.
Thanks again
K

As you're probably aware, US immigration law applies differently to Canadians because they don't require visas for non-immigrant categories - except for categories that allow for potentially indefinite stays and that includes E. So the process of getting an E-2 visa is identical for Canadians as it is for citizens of any other country. You actually have to get a visa entered into your passports before you can enter the US.

This is another reason why E is more complex than other categories because you have to do the visa application, be interviewed by a consular officer (potentially, not always) etc.

There is no particular benefit to you in having Canadian citizenship in order to get an E visa, however I would still suggest you apply now for it as it can take over a year for the process to be completed, and it helps to have it because it's a far easier way to maintain the right to reside in Canada.

There is a bit of somewhat misleading information on the CIC website that says that a spouse of a Canadian citizen can maintain LPR status in Canada while living with with a Canadian citizen overseas, however what they fail to mention is that a claim of permanent residence makes you resident for tax purposes in Canada. However if you become a Canadian citizen, you can become non-resident for tax purposes (much like you're a British citizen but don't have to pay taxes there). So although it's true, to do it on a long-term basis isn't very practical. I think you can take the oath at the Canadian consulate when they finally get around to it, you'd have to talk to CIC about how exactly it works for people going abroad.

Another thing to bear in mind is that an E visa is a non-immigrant category, eventually you will want to retire and stop the business - at that point you have to leave.

There is another category (EB-5) for immigrant investors, but you have to basically be minted to get in using that category, you need to invest a million dollars (or half a million in an economically deprived area) and employ at least ten US citizens or LPRs directly or indirectly (i.e. if you invested ten million, they'd consider you employ people at the bank to look after your money).

However in that category you get permanent resident status in the US.