4 ms·

I want to solve my immigration status and not resort to non-immigrant temporary visas like E-2 What's wrong with E-2? 5 years is plenty of time to get your com

I want to solve my immigration status and not resort to non-immigrant temporary visas like E-2 What's wrong with E-2? 5 years is plenty of time to get your company far enough, and then apply for adjustment of status (green card). I favor something realistic, that has a chance to pass: extend the E-2 regulations to setup some ground rules so that you know that you will be getting the visa if you are a bona fide founder. There is no $500K requirement on E-2. As they stand, there are essentially no regulations around E-2, so you don't know what your application should contain and how it will be judged. That can be fixed fairly easily without 5 years of debate.

linuxconvert 17y ago
Initial E-2 visas are generally for 2 years with extensions of 2 years at a time (essentially indefinitely if things go well) or 5 years on renewal at the discretion of the immigration officials. I'm told by my lawyers that there has been a strong increase of refusals to renew. Eg. at the London embassy. It is also a non-immigrant visa. It's not a matter of a simple "adjustment of status" you have to do a greencard application under one of the usual categories which can be non-trivial and an extremely lengthy process depending on your country of origin.
- alain94040 17y ago
  You are correct on all counts. But I don't think it invalidates my argument. there has been a strong increase of refusals to renew. Eg. at the London embassy That's the key point for me: E-2 has no rules. Let's make some rules that make it easy for legitimate entrepreneurs to get it. It is also a non-immigrant visa Yes, but after two years, either your startup is going places, or it's dead. If it's doing well, you can (as the CEO) fairly easily adjust, which after one year (concurrent filing of I-485 and I-140), will put you in a position very similar to having a real greencard. I agree it's not perfect, but it has the advantage of being doable by the current administration. We can also debate long-term, more ideal reforms, but they'll remain in the form of Internet bloggers pontificating for decades. So for once I choose practicality: get some actual change going.
  - linuxconvert 17y ago
    I'm not arguing whether the E-2 rules should be adjusted for legimate entrepreneurs or not. I'm just saying that as it stands, I don't want to use it. You refer to "fairly easily adjust" and do concurrent filing of the 484 and 140 - this is the same as one does after labor certification in the H1B process. However, its not at all clear to me which category of greencard you are referring to with your "fairly easily adjust". I don't think EB-1 applies and the rest take just as long as the H1B to greencard route. Can you clarify which category you are talking about?

linuxconvert 17y ago

Initial E-2 visas are generally for 2 years with extensions of 2 years at a time (essentially indefinitely if things go well) or 5 years on renewal at the discretion of the immigration officials. I'm told by my lawyers that there has been a strong increase of refusals to renew. Eg. at the London embassy. It is also a non-immigrant visa. It's not a matter of a simple "adjustment of status" you have to do a greencard application under one of the usual categories which can be non-trivial and an extremely lengthy process depending on your country of origin.

alain94040 17y ago
You are correct on all counts. But I don't think it invalidates my argument. there has been a strong increase of refusals to renew. Eg. at the London embassy That's the key point for me: E-2 has no rules. Let's make some rules that make it easy for legitimate entrepreneurs to get it. It is also a non-immigrant visa Yes, but after two years, either your startup is going places, or it's dead. If it's doing well, you can (as the CEO) fairly easily adjust, which after one year (concurrent filing of I-485 and I-140), will put you in a position very similar to having a real greencard. I agree it's not perfect, but it has the advantage of being doable by the current administration. We can also debate long-term, more ideal reforms, but they'll remain in the form of Internet bloggers pontificating for decades. So for once I choose practicality: get some actual change going.
- linuxconvert 17y ago
  I'm not arguing whether the E-2 rules should be adjusted for legimate entrepreneurs or not. I'm just saying that as it stands, I don't want to use it. You refer to "fairly easily adjust" and do concurrent filing of the 484 and 140 - this is the same as one does after labor certification in the H1B process. However, its not at all clear to me which category of greencard you are referring to with your "fairly easily adjust". I don't think EB-1 applies and the rest take just as long as the H1B to greencard route. Can you clarify which category you are talking about?