Question.  Can anyone comment on whether it is easier to set up a new business or buy an existing one on E-2 visa, and which the  U.S. immigration people would prefer.
Thanks in advance

Answer.    Though buying an established business is perhaps easier as you are getting income from day one and also the business should have a proven track record giving a sense of security, it  is possible to do a start up provided you research your market and demographics.  There is also a franchise which is  a start up but differs from a complete start up  as it is like setting up a new branch of  a tried and tested business with already established business practices.  As to which the immigration authorities prefer,  then a firmly established  business with good turnover and already  employing people will always be well regarded by the embassy.  But they may also approve a start up provided it is supported by an excellent business plan and provided that the substantial investment requirement is fulfilled.

Question. Has anybody out there actually got children in a  university in Florida. Was just interested in the costs involved and if it made a difference on certain visa's. If all goes as planned we would be on the L-1 visa.
Also notice a few of you have children that return to UK to go to Uni. Why?
Julie and Dave

Question.   Thanks for  a great forum. I wondered what opinions the readers of this forum might have on  a new E2 application and where it would be easier to get approved. My lawyer recommends doing a COS with USCIS as he feels it would be more likely approved there. However another lawyer said that currently USCIS in CA is getting harder and denying visas willy nilly right now. He recommended going to London. My 194 and current visa runs out end of Aug and I am 3 or 3 days away for submitting my COS - but now I am not sure if I would be better off saving my $1000 premuim processing fee and just applying direct to London. The new E2 business I have started already employs one full time US worker and one contractor if that helps any.

 Answer.   Very quick answer to the  visa application question. I would choose London every time. They are fair minded and very thorough, whereas USCIS only seem to look at boxes, and anything outside that box seems to be disregarded. In addition a successful application through USCIS means you are landlocked !
Peter

 Question.    Hi.  We are currently researching the E-2 Visa process, could someone please explain what the I-94 is as it keeps popping up on these boards but we are just not sure what it is.
Thank you.  Nicky

 Answer  I-94 is your right to remain in the US,  it is the  equivalent of the three month visa waiver you get as a tourist but if you are on a visa you get an I-94 rather than a I-94W, if you are on E2 you usually get two years at a time.  It is the bottom part of the form you fill in on your flight out stapled into your passport by the port of entry officer or you can get one from USCIS either on change or extension of your status in the US through them.     It differs from a visa which is the right to travel to the US and a request to enter to the port of entry officer rather than your permission to stay.  The two are not always for the same periods of time so things can get complicated.    Your I-94 will be removed when you leave the US, holiday etc and you get a new one on reentry.

 Question. Together with my husband and children, we plan to move to Florida next year.

We will need to buy a house and the broker advises doing that before we go as we'll have no credit rating in the USA initially.

That's fine.  But the mortgage broker has also advised us that due to the current climate, overseas buyers currently need to put down 50% (wow!) plus the normal 5% closing costs and there is only one lender who will deal with us.  Is this correct??.

 Answer. No. No. No.

• "We will need to buy a house". No you don't. Most on here will advise that you rent to begin with. It allows you to get a 'feel' for areas, schools, commuting, facilities, etc.

• "There is only one lender". No. There are many lenders out there. Once you have been here a while you will see that.

• 'We need to put down 50% deposit. To a degree yes, to a degree No. It all depends on the lender. You will have minimal credit score and you are a non-US citizen. Both conspire to work against you getting the best deals. Get used to credit scores in the USA. They unfortunately are the 'measure of a man' and the US lives and breathes by them.  

One comment is correct and that is that you will either have to purchase before you arrive as a UK resident or else wait several years to build up your credit score and get the necessary tax returns to get a mortgage as a US resident.

Question.   This  US visa malarky is a minefield as I have been reading at great length. If the UK company I currently work for want to be ready to launch in August next year \when should the  L-1 visas be applied for? I have  not been able to find a lead time in 'applying' to getting an answer also I am guessing it will be the company I work for who applies or do I as an individual have to apply?

Answer. The company applies to transfer you to the subsidiary, branch or affiliate they will set up in the US.  You need to have been employed as an executive or manager of the parent company for at least one in the last three years.  If you premium process, it is quite quick,  you can get an initial approval from USCIS  within two weeks and then it takes the amount of time to schedule an appointment and attend an interview at the US embassy.  If you don’t premium process, it could take a couple of months.

Question.   I am new to this forum and I wonder if anybody here has any experience with the US Consulate in Toronto?\line\line My wife and I are both Canadians and we have a E2 visa interview scheduled next month.\line We went from F1 status to E2 status earlier this year in the US and now we are trying to get our E-2 visa at the Toronto embassy.  Does anybody have any experience with the interview process at the Toronto embassy? Some people say the E-2 interview at the Toronto embassy is very straight forward, but still, I'm nervous about it!

Answer. I've been through the E2 in Toronto 3 times now....and each one has been the same. You go through security at the front door. You go to a little room and wait until called (10-30 minutes). They ask you a couple of soft questions, and all 3 times they wanted confirmation we were married. You then go pay your money come back, show them the receipt and they say we get the passport back the next day.  But the last 2 times we asked if it was at all possible to get the passports that day and both times we got the passport back at 3 pm. 

Question.   I am a German citizen and wish to move from Germany to live in the US. I wish to buy a German bakery on E-2 visa and would file through the US consulate in Frankfurt. I don't understand what the word marginal means.

Answer. The concept of marginality and marginal is a hard one for even native English speakers to understand. What it basically means is that if you are marginal the US immigration authorities consider that your business does not earn enough money to both keep you and your family and to also employ American staff members. Basically if you are just earning enough to subsist yourself, you could be marginal. Moreover amount you are considered to need to live on is applied by the embassy or consulate on the facts, it is not what you yourself consider to be sufficient and any income from elsewhere ( outside the business, say a pension) is not taken into account. Hope this helps.