Investment immigration Investment immigration

As a national from a foreign country, you may make investment, set up and conduct business in the U.S. For that, you must obtain the proper type of visa for the persons who would need to come here for those business reasons.
There are two visa categories:
  • Non-Immigrant Visas – These visas permit temporary stays for work in the U.S.
  • Immigrant Visas – These visa permit the beneficiaries to live in the U.S. permanently.
NON IMMIGRANT VISAS
These visas permit foreign nationals to come to work and live in the U.S.  for a determined period that may vary between a few months to many years in various business setting.

The E Visas
E-1 Visa is suitable for companies of treaty countries to send personnel to the US to carry out “Substantial” trade with the US
E-2 Visa is for national of treaty countries to come to the U.S. to develop and direct investment generated economic activities.

Main Features:
E visa can be renewed forever as long as the underlined investment and business is on going. The investment and can be for any type in business
The spouse of a E visa holder can apply for work permit.
The children of E visa holder can go to schools in the U.S.

Requirements for E Visa in a nutshell
The Investment itself must meet the following tests

Marginality test
The role of the E visa holder is to direct and manage the business to grow it, not only to provide a livelihood to his/her family. In other word, the investment must support his living in the US and make a profit. The Government allows up to 5 years to make a profit.

Proportionality and Substantiality Test
The investment must be proportional to the current business considering the particularity and cost of living in the U.S. The amount invested is judged against the total of the amount required for the project or, in the absence of it, against what is customarily required for the same type of business. The investment must also be Substantial: The measurement is that amount invested must be sufficient to make the business successful. A rule of thumb is the amount of 75K and up.

“At Risk” Investment
The idea here is that the investment must be entrepreneurial in nature and represents some risk taking on the part of the investor. Making the investment is different from putting the money in a bank saving account.

“Good” Money
If the country of the applicant restricts the movement of money, he/she may have to prove where the money came from and how it got there. If the money invested is “loaned” to the investor he/she cannot use the investment itself (inventory, assets) to be the collateral security of the loan (otherwise, the investment is not “at risk enough)

Who will qualify?

The Managers or Executives  who must come to run the business.
Also qualified are “Key Employee”. The test is on the expertise, the pay and theneed of the business for the expertise expertise. Key employee, unlike the requirement of the L Visa, needs not have worked for the company abroad before.

Other Requirements
There must be a Business Plan that shows that the investor has seriously analyzed the Strength,  Weakness,  Opportunities and the Potential Adverse Effect of the investment

Intent to Return
E Visa holder has to have the intent to return to their home country sometime in the future. (This is the nuance. The E Visa holder can stay in the U.S. and the visa renewed for as long as there is a requirement from his/her business.)

The L Visa (Intracompany Transferee)
L Visa may be considered for owners of businesses or those working for one for at least one year as managers / executives who need to be transferred to the US to work in a branch, affiliated or subsidiary of that business. This visa is also available for people with special knowledge necessary for a type of business. Under limited circumstances, this visa may be available for self-employed entrepreneurs. Unlike E Visas, there is no treaty required for L1

Who are qualified
  1. The Managers / Executives having a high level of authority, i.e. responsible for 1/ Direct management; Goal establishing and Decision making
  2. People with specialized knowledge in the company: Specialized knowledge means that of operation or industry related to the business in question. These people will come to continue the work in specialty in the newly established business in the U.S.
  3. Spouses and Children: L1 visa holders may apply for their spouse and children to come along (L2 Visa)

What are Branch, Affiliated or Subsidiary…
- Branch is an arm of the same company
- A Subsidiary is an entity that is controlled by the company
An Affiliate is an entity that has a commonality of ownership.

The Business
In support of the L1 petition, the U.S. Company must have
  • A Bank Account
  • A Location – Lease – Picture of inside and outside
  • A Business plan
  • A Project Financial Statements 3 – 5 years
  • All pertinent information on the Company abroad
It must be proven that the business, by the owner’s investment and by its activities will be able to support the L1 visa holder.

Premium processing available.
By premium processing the petitioner will pay a premium ($1,000) to have the petition processed within 15 days. Th

Blanket L1
For companies that have the need for many transfers, a “Blanket L1” is available. It is required that the U.S. Company has been established for more than one year, having more than one branch, employing 1,000 + employees with an annual sale of 5 Million + or  The Company has received more than 10 L1 approvals during the past year.

INVESTOR IMMIGRANT (EB-5 VISA)
U.S. Immigration law permits investors who invest 1 million dollars or more in a commercial enterprises that benefits the U.S. economy and creates 10 full time employments or more to self petition to gain first a conditional resident status in the U.S for two year and, upon successful removal of the “conditions”, the permanent resident status. The minimum investment amount of 1 million may be reduced to $500,000 if the investment is made in a state recognized “target employment area”


Requirements for EB-5 Visa in a Nutshell
Investing in a “new” commercial enterprise

A "new" commercial enterprise must have been one established after November 29, 1990. Investment of capital to an existing business (formed prior to November 29, 1990) may be acceptable in two situations:

  • The investment serves to reorganize and/or restructure the existing business. The change must be substantial. Cosmetic changes are insufficient changes to constitute establishment of a new commercial enterprise.
  • The investment serves to expand an existing business, increasing its net worth or number of employees of the business by 40 percent or more.

The investor must engage in the enterprise management 
The engagement may under the form of some role in the management or direction of the company

Equity Investment of capital
While the capital invested may be cash, cash equivalent, equipment or tangible properties, it must come from lawful sources. The investment must be made to the equity of the enterprise, in other word must be put “at risk” of the business.

Creating or saving 10 jobs
From the investment made, the business must, by the end of the two year period of conditional residence, create at least 10 full-time (minimum 35 hours per week) employments, not counting the investor’s immediate family members. If the investment is made in a “troubled" businesses” (one that at least two years, had a net operating loss of minimally 20% of net worth during the 12 or 24 months prior to the investment), the employment creation is satisfied if the business, two years after the may be based on proof that the business will maintain the number of existing employment during the two year period.


EB-5 INVESTOR IMMIGRATION – REGIONAL CENTER
The Congress has created a pilot program to set aside Investor Immigrant visas for investors in designated “Regional Centers” that are economic entities organized to encourage investments through which to promote the economy and employment in specific region. This form of investor immigration offers considerable flexible options to the foreign investor.

Regional Investment as Compared to Individual Investment
For Regional Center Investment
  • Most Regional Centers are in Target Employment Areas, thus the capital required could be $500,000 instead of 1 million.
  • The (10) employment creation may be indirect as well as directly from the invested projects
  • The foreign investor does not have to directly engage in the management of the enterprise, thus may work or not work anywhere he or she wants;
  • The foreign national can travel in and out of the U.S. as frequently as he or she desires.