Planning an Application
You want to go to America and buy a business. What do you have to do? Consider the following:
- Assess what funds you have available.
- Decide whether to start a new business or buy an existing one. The latter option is simpler for most people.
- Decide where you want to go in the US. The E-2 visa requirements are the same wherever you go, but prices vary considerably in different cities and states. You may want to make preliminary visits to help you choose, and consider housing, schools, etc.
- Consider what type of business you want to operate. Choose one you will enjoy - you may be operating it for many years! It does NOT have to be in a similar business field to one you've worked in before, nor do you have to have run a business previously yourself.
- Assess your visa options, and decide which visa best applies to your situation. The visa category may affect your choice of business as the requirements vary according to category. For many, the E-2 visa represents the best and often only option. Become familiar with the general E-2 visa requirements as they will apply to you and each family member.
- If you opt to purchase an existing business, locate a reliable business broker in the state where you wish to live. Florida has a number of brokers who advertise and specialise in locating businesses for British buyers, and will send details to you in the UK. In other states you may have friends or relatives who can help to put you in touch with a business broker. There are also websites listing existing businesses for sale.
- Plan a trip to the US to identify locations where you would like to live, and to look at businesses. It is not advisable to sell up in the UK and move your family to the US until after your visas are issued. A British person can travel to the US on the visa waiver program or on a B visa to look at businesses, sign contracts, open business bank accounts, and sign leases, for example, but you must not run the business until you have the requisite visa.
- Once you have located a business which you are considering purchasing, it is prudent to have the various legal documents (e.g. purchase contract, lease) reviewed by an attorney, and to arrange for a qualified accountant (CPA) to review the financial records of the business.
- You will need to sign the business purchase contract before applying for your visa. It is recommended that the contract includes a clause stating that the purchase is subject to you obtaining an E-2 visa. You are advised not to complete the purchase until your visas are issued.
- Now that you have identified your business, the visa application process begins. You will need to obtain documentation from a variety of sources for the application, including proof that you have transferred the funds for the investment (normally the full cash amount for the purchase) into a special "escrow" account in the United States. It currently takes approximately 32 weeks for the adjudication at the American Embassy in London, or longer if the Embassy raises any queries or requests additional documentation. Once the company is approved as an E-2 registered company, you must attend a personal interview at the Embassy (usually fairly short) before the E-2 visa can be stamped in your passport. Then you can be on your way!
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