Which visa, if any?

squigly1
New Member



Joined: 11 Jul 2008
Posts: 4

Posted: Fri Jul 11, 2008 5:43 am

 

---

Hi,

I've have an opportunity to work for a friend who lives in California. He is going to purchase an existing computer repair, troubleshooting type business. The plan is to purchase the existing business for cash flow and grow it more on the consulting side. I am a systems administrator and my friend was a VP for an Enterprise Security Solutions provider.

We are at a loss as to what type of visa I should apply for. It's confusing to say the least. We're not sure what category this falls under for the types of available visa's. I was thinking TN but he thought maybe E1 something. If things go well I would not be moving back to Canada. Is there a visa for my type of situation?

Any advice would be much appreciated.

Thanks

---

Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Fri Jul 11, 2008 4:05 pm

 

---

He would need E-2 most likely, that's a very complex visa to apply for, lots and lots of forms and the general advice is to go via the US embassy in Toronto for it. Requires a "substantial investment" which means the more the better.

Not sure how you would get in though, he might be able to get you in as a systems analyst on TN-1 to work for that business.

The better solution if the business is going to be large enough and hire enough employees is EB-5 as that gives your friend permanent residency - but it requires an investment of $1 million (or $500,000 in an economically deprived area) and he must hire at least ten employees who are US citizens or LPRs.

E-2 is a pain because it has to be constantly renewed. He can go from E-2 to LPR status but there is a time limit, I think 15 months for the application and to get it you have to show the enterprise is basically getting up to somewhere near the same sort of state that would qualify him for EB-5 status.

E-2 is a category where you will save time hiring an experienced immigration consultant in Canada who has dealt with them before.

EB-5 IIRC also requires the SBA to sign off on the business plan which is yet another wait.
_________________
Steve.

---

squigly1
New Member



Joined: 11 Jul 2008
Posts: 4

Posted: Fri Jul 11, 2008 6:33 pm

 

---

Thanks Steven,

It's actually me who has the opportunity to move to California and work for my friend.

His first thought was that I could get in with an EB-3 visa. I told him about the TN. He spoke to some people and they all said the TN is the way to go, though no one said it would be granted. As like you, they all said the other options were complex and a PITA.

When I read about the TN, I think computer analyst is pretty vague. I have the credentials. I need to do more reading.

Thanks again,

---

squigly1
New Member



Joined: 11 Jul 2008
Posts: 4

Posted: Tue Jul 15, 2008 5:16 am

 

---

Does anyone think if we structure it so that it looks like I am a partner rather than an employee it would be be easier to get a TN or another type of visa?

Thanks

---

Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Wed Jul 16, 2008 10:51 am

 

---

I guess if you both make an investment in the same business you could both be E-2. Can't see why not.
_________________
Steve.

---

squigly1
New Member



Joined: 11 Jul 2008
Posts: 4

Posted: Wed Jul 16, 2008 3:23 pm

 

---

He's already down there and has been for years. He got a green card. I will be the one needing a visa of some sort. My E-2 question was really about him putting up all the money but structuring it to look like I made an investment in it.

He was given a name of a lawyer and will be contacting him tomorrow or Friday to see what our options are.

Thanks

---

Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1637
Location: Calgary

Posted: Fri Jul 18, 2008 11:38 am

 

---

Yeah, I suppose E-2 but bear in mind it's not permanent either, but it's more permanent than TN-1. But a lot more paperwork than TN-1.

Before you go through all the hassle of E-2 I suggest you look into how to go from E-2 to LPR status, E-2 is dual-intent but there are more restrictions on going to LPR status than most other types of visa. If you can't meet the requirements to get LPR status then there's little point in doing all the paperwork and TN-1 as a systems analyst would be much simpler, assuming your job is a systems analyst.

What you really need is not a lawyer, you need an immigration consultant in Canada who deals with E-2. A lawyer will tell you what the law is, but it's somewhat subjective with E-2 because the amounts necessary can vary, type of business can vary, what the SBA might think a legitimate business plan is can vary. You really need an immigration consultant who has helped do these applications lots of times and knows from experience the sort of things the consulate will accept.

They can also tell you from the experience of their clients the pitfalls of going to LPR status.

I generally think immigration consultants are one peg below used car salesmen but this is an exception, provided you get a good one.
_________________
Steve.

---