L-Visa to E-2

[SJH1975]

The company I work for is no longer going to be controlled for L visa purposes (being sold but not yet complete) and I have discussed with my wife her setting up a business in E-2 status (she is currently L-2). This should allow me to apply for an EAD and work for anybody. I have a few questions if anybody can help;

1) will $100k suffice as the investment in the business?

2) from what i read i(my company)will have to complete an I-129 - but althouth i am the L1A i will not be the lead E-2 investor - is this right? I don't want the E-2 lead as I want EAD instead as spouse - Given the status doc I-539 is this not just duplication?

3) would i have to notify my current employer or can i just "resign" when my status changes?

4) would i also be included on the I-539 for change of status as a dependent?

5) am i better off moving out of the country with my family and submitting an E-2 visa submission at my home US consulate?

Advice very much appreciated!

[pinkcat]

E2 visa holder

$100K is a bit on the low side for an E2 investment, but it would depend on how many American citizens your business would employ. I strongly recommend buying an existing business as opposed to setting up a new one.

You do not have to leave the country to apply for an E2 visa, but you will have to attend the interview at the embassy, so if it's feasible to return beforehand, that might be for the best. E2 visas are granted fairly quickly these days. I would advise you to employ a good immigration lawyer to help you prepare your application.

You mention a family. Are you aware that the children of E2 investors age-out a age 21, and that the E2 is a non-immigrant visa which does not lead to green card?

Good luck. E2 is NOT and easy row to hoe.