Visas

Visas for America

The problems no one tells you about when applying for a Visa for residence in America.

British citizens do not currently require a visa and can visit America under the temporary visa waiver pilot programme, provided they have a machine-readable passport and are travelling to the US on business, pleasure or transit for 90 days or less. Anyone who wishes to remain longer than 90 days must apply for a non-immigrant visa.

B-1 visas are granted to business people and B-2 visas to tourists. Both types are valid for a maximum of 10 years and may permit a single entry only or multiple entries. A 10- year visa allows the holder to enter and leave America as often as they wish during its validity period. B-2 visas normally allow an entry period of six months at any one time, but extensions may be granted.

The issue of a B-2 visa allowing for a stay of six months is usually straightforward for a retiree owning a home in Florida, but should not be regarded as a formality - or misused. You may be asked to prove that you are maintaining domicile in the UK and have sufficient funds for your stays in the US.

In order to live permanently in Florida you require an immigrant (permanent residence) visa, which can be difficult to obtain. Proof of owning a home or self-sufficiency is not a qualification for long-term residence. If you do not qualify to live in America by birthright or relationship, it may be hard to obtain a residence permit.

It is important that you obtain the right advice on the categories of visas, green cards etc. The process is both challenging and time consuming and it is imperative to supply the correct information.

There are many companies varying in size offering visa services, some however are tied in with employment or business opportunities, which can in certain scenarios, raise questions in terms of checks and balances as well as a conflict of interest and ethics.There has been warnings from the US embassy regarding the wrong type of viasa and the consequences.

Costs for their services can vary enormously and do not always relate to the scope or quality of the service. A number of companies offer a no visa no charge service, however you need to be fully aware of the final cost if the visa is granted. We are aware of some visa companies/attornies with a good track record as well as those where there has been problems with scams.

Depending on the type of visa you are applying for, in certain specific circumstances it can be preferable to pay a set rate for the work carried out to compile and advice on the visa application, as an alternative to engaging a company on a no fee no visa arrangement.

You also need to determine if the visa company provides ongoing advice when you are in America. It is not much fun waiting outside the offices of the Internal Naturalization Service due to a spelling mistake in the processing of your green card, or to arrange for your teen to be fingerprinted as they have turned 14, but nobody advised you of the requirement! I have had the dubious pleasure of both these scenarios, and advise clients accordingly, in the absence of a warning from their original visa advisor!

What are the types of visa?

Permanent residence in the USA requires an immigrant visa known as a green card. This can be obtained in a variety of ways including sponsorship by a close relative who is a US citizen. Depending upon your relationship to the US citizen and country of birth there may be numerical limits on this category. Another group who can qualify for a green card are employment-based migrants. This covers a number of groups, including priority workers, professionals holding advanced degrees and people of exceptional ability, workers whose skills are in short supply, special categories and business investors.

Two forms of visa which are very popular with British people intending to move to the USA and establish a business are;-

The L-1 Intercompany Transferee visa may be suitable if you are a national of country that has trade treaties with the U.S.A and own a business, which is going to continue to trade whilst you are in the USA. There are a number of interesting possibilities regarding this visa.

It needs a UK business which is large enough to justify a US branch, be a logical expansion of the UK operation and be kept going until the L-1 can be converted to a green card.

A business plan must be put together and if its first year's predictions are not met at the year one renewal, a it will be refused and, very sadly, this happens often. After all, in commercial terms, 12 months is not long to get a new business up and running, especially in an area where the rules and trading practices are unfamiliar.

It all boils down to risk. Starting a new US branch may have some risk, but should be successful given hard work and sufficient working capital, but the visa might not be renewed after one year. What happens then? Deportation and a business in the US with no-one at the helm. Great.If you would like more information on this visa and the track record of various companies dealing with applications we offer a briefing service or can send you further details.

The E-2 business treaty investor visa requires a significant cash investment in a business substantial enough to support you and your family and employ U.S. workers, and requires ongoing active management. It is usually offered for a period between 2 to 5 years and then requires renewal.

Factors such as creation of American jobs and potential for future growth are considered in adjudicating these visas. The E-2 visa is available to the principal investor and essential employees; it is renewable every 2-5 years and can be renewed as long as the business continues successfully.

You need to be particularly cautious when promises are made tying in visas with the purchase of a business, both in terms of the suitability of the business in satisfying the necessary criteria for the granting of a visa as well as the information given regarding the business. Beware of any claims that guarantee a business's qualification for an E-2 visa.

Obtaining a business that meets the criteria for an E-2 visa is potentially a roller coast ride that can be frustrating, dangerous and sometimes downright risky. I certainly have many friends and acquaintances who reside happily in Florida having taken the E-2 route but there are many dangers and difficulties that can be deliberately glossed over.

Most people use the services of a licensed business broker when buying a business in Florida. It's essential to confirm that a broker is licensed - do not take his word for it - even if he looks and sounds like a cross between your family doctor and businessmen of the year - ask to see his license - even if you feel embarrassed you need to see his license! I have heard and seen so many horror stories regarding business failures that should have been identified at the outset!
We provide an impartial service that covers all aspects of the emigration process, for details please click here. For goodness sake get some independent advice before going down the path of the E2 visa - many Brits in Florida are facing problems and worries after failing to do their homework and ask the right questions before applying for the E2,

The road or sea between Europe and Florida is paved with some very dubious and some plainly dishonest business advice - I can give numerous examples ranging from a Laundromat where the business adviser (discovered in one of the small ads) was only selling the shop not the round! think about it, what good is a shop without customers - the adviser kept moving the round to a new Laundromat. I know of a scenario where a business was sold to new owners who as overseas buyers had to pay much higher insurance premiums, thus affecting the performance of the business.

Another point if you wish to live in Sarasota for example a business broker selling businesses from central Florida needs some consideration, will they spend the time with you in Sarasota, do they know inside out the business climate in Sarasota etc. There has been a recent example of a British family buying a business in Venice from a Broker based in Orlando where the lack of suitable advice led to the loss of the business and the family having to return to Britain – one would have hoped that the Business Broker who received a 10% commission payment and the Visa Specialist who was paid for their advice could have done a lot better for this family!

It may be sensible not to use the business broker to also obtain the visa - although this can sometimes save on fees and may even facilitate the visa issue, it is removing an important safeguard - after all what's the point of obtaining a visa for a business that folds shortly after you arrive.

Now one point in defence of good business brokers - finding a visa qualifying business that suits an individuals needs is not always easy - the people selling the business are not always happy waiting to sell to an overseas buyer (who is applying for a visa) when there are financially qualified local people waiting to buy, and the most viable business opportunities will always attract a lot of local interest.We have found a very good business broker with a 100% track record.

If you are interested in a consultation with Andrew Bartlett regarding emigration click here.

News Update

The EB5 visa is for a Green Card when there is an investment of at least $500,000 in a rural or targeted employment area or $1,000,000 elsewhere. This is a much under-rated visa, given the right team ie experienced visa Attorney and business specialist this can provide a good passive investment - and allow for an eventual much prized green card. Another point, you do not have to reside in the area of your business investment - ie the investment can be in Washington state but you live in a lower cost state such as Florida.

Who should apply for an EB-5 Visa?

EB-5 applicants include people from all walks of life; professionals, business people, persons wanting to facilitate a child's education, and retirees. Because the EB-5 visa permits employment in the US many EB-5 investors become involved in charity or part time work. Simply put, the EB-5 visa gives you the flexibility to do what you want anywhere in the USA.

· If you don't want to actively manage a business, you should consider EB-5

· If you have a US citizen parent or child over 21 years of age, you should consider family class visa categories.

· If you have exceptional skills or are famous you may qualify for a green card based on your skills or fame.

· If you want to manage your own business, consider L-1, E-2, international manager visa categories.

If your goal is to have a green card and not to actively manage a business, it is most often cheaper to utilize the EB-5 category rather than to start and maintain a business.However again it is crirical to get all the facts first rather than just the positive points!

For further information on the EB-5 please click here

The processing time for non-immigrant visas is between 4-6 months, although premium processing is available for some categories (15 days).

Immigrant visa processing takes from one year and family based petitions depends on the category.

To Download the full article as it appears in The August edition of 'Florida Magazine' click here

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For further information on how to obtain specialist advice on relocating or buying property in Florida, the advantages and disadvantages of different locations, and importantly How to obtain details of specialised fully licensed Real Estate Agents, experienced in explaining options from a British perspective. Click here

Thinking about buying a property in Florida - click here

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Just want to be sent details of suitable properties and agents with excellent testimonials and a proven track record of working with British buyers – click here

Andrew Bartlett an acknowledged expert on property trends and relocation in Florida, writes articles and answers readers’ questions for several British publications including Florida Magazine, Escape Magazine, Place in the Sun, Sunday Times, America, and The Red guide to buying Property in America and is regularly consulted by journalists and broadcasters. His consumer web guides have received numerous accolades.

Andrew was a Senior Government Official for 20 years before relocating to Florida several years ago where he was headhunted to set up specialist British property and relocation teams for Coldwell Banker and Remax - America’s largest estate agents. He then established a uniquely impartial and independent relocation and property briefing company working between Britain and Florida. He has written a number of watchdog style articles on overseas property and emigration selling techniques.