Immigration Issues

Immigration Issues

Live, Love, Work and Prosperously Retire under the Protection of the Constitution of the United States of America with full benefits of an L1, E2, or E5 Visa

With our assistance, you too can enjoy the protection of our stable government, economy and Constitutionally Guaranteed human rights together with life, liberty and the pursuit of happiness in the United States of America .

In addition to providing you with choices in the beautiful state of Washington, we can support and assist you in owning a profitable business in virtually any city through a network of knowledgeable Business Brokers throughout the United States of America .

Life can be wonderful with a profitable business and a quick permanent American Visa.

Immigration Information
Many millions of people wish to Live, Love, Work and Prosperously Retire in Washington State.

With our assistance, you too can enjoy the protection of our stable government, economy and Constitutionally Guaranteed human rights in conjunction with life, liberty and the pursuit of happiness in the United States of America.

In addition to the beautiful state of Washington , through a network of knowledgeable business brokers throughout the United States , we can assist you to own a profitable business in virtually any city.

Life can be wonderful with a prosperous business and a quick permanent American Visa.

Immigration to America by making a profitable investment in your future

A quick and easy method to obtain a Green Card.

Factors concerning E-5, and/or E-1, E-2 Investor Visa Rules. For further factual clarification, please review items below with your Immigration Attorney or Immigration Consultant.

E-2 (also known as Treaty Investor Visa ) Green Card Permanent Residency Business Visa

Do not invest a single dollar in any business until your green card is approved

• Qualifying investors as “alien entrepreneurs” may provide US permanent residency for the investors and their families in the shortest possible time period.

• You will not place any funds in a business until your Visa petition is granted

• The visa covers your spouse and all children under 21

• Program requires you have net assets of at least $500,000 US and At least $150,000 of these assets must be available in cash More thought to ponder as pertains to the E-2 Treaty Investor Visa

• Do you want to live and work, invest or retire in the USA ?

• Do you have a minimum of US $50,000.00 to invest?

• Are you a citizen of one of these countries?

Argentina, Australia, Austria, Belgium, Bosnia, Canada, Taiwan, Colombia, Costa Rica, Croatia, Ethiopia, Finland, France, Germany, Honduras Iran, Ireland, Italy, Japan, Korea, Liberia, Luxembourg, Macedonia, Mexico, Netherlands, Norway, Oman, Pakistan, Paraguay, Philippines Slovenia, Spain, Surinam, Sweden, Switzerland, Thailand, Togo, Turkey, United Kingdom, Bangladesh, Bulgaria, Cameroon, Congo Czech Republic, Egypt, Grenada, Kazakhstan, Kyrgyzstan, Morocco, Panama, Poland, Romania, Senegal, Slovakia, Sri Lanka, Tunisia, Zaire

Bilateral Investments Treaties also exist with: Haiti, Armenia, Belarus, Ecuador, Estonia, Georgia, Jamaica, Moldova, Russia, Trinidad & Tobago and Ukraine.

L-1 Treaty Investor Information and Guidelines :

INTRA-COMPANY TRANSFEREE VISA (L-1) & LAWFUL PERMANENT RESIDENCE (GREEN CARD) The Intra-Company Transferee Visa, “L-1”, allows people who are currently employed as managers or executives in a corporation to be transferred to a business in the United States to assume the duties of an executive or manager.

The business in the United States may be a new or existing business, and must be an affiliate or subsidiary of the company overseas, or have commonality of control with the business abroad. The business in the U. S. may engage in any type of business related or unrelated to the business abroad.

REQUIREMENTS – Visa Applicants must:

a) Make an investment in the U.S. business; no specific amount of money required

b) Assume duties of executive or manager in the U.S. business

c) Have been employed by the overseas company for at least one of the past three years as executive or manager

BENEFITS

a) If the business purchased in the U. S. has been in existence for more than one year, the applicant and family members may apply directly for Permanent Status

b) May travel between U.S. & home country

c) The Visa Applicant may work and collect a salary from U.S. business

d) Children may attend school

e) May bring spouse and minor children to live in the U. S

f) May apply for Lawful Permanent Residence (Green Card) when U.S. business has been in existence for more than one year, shows a profit, and has employees, providing the same conditions exist in overseas business

g) L- I Visa may be issued in 8-10 weeks

E-2 Treaty Investor Information and Guidelines:

The E-2 Visa is available to passport holders of the countries listed above with which the United States has a Treaty of Trade and Commerce.

The E-2 recipient must be in a position to develop and direct the enterprise in the United States.

The business may not be a passive investment such as raw land, condominiums and houses rented on a yearly basis, as well as others. The United States government requires that the beneficiary of this visa has a separate income, which will generate a living wage. The separate source of income may be consultancy fees, interest income, rental income, pension, etc.

The E-2 Visa is a non-immigrant visa allowing the beneficiary to invest in a going business, or in a start-up business. The investment must be “substantial.” Traditionally, “substantial” has been defined as $100,000 US which must constitute at least 51% of the total investment. However, in the case of a service oriented business with low capital requirements an investment of as low as $50,000 has proven to be acceptable to the Immigration Naturalization Service. The beneficiary of the E-2 visa must own the majority of the business; shares of stock in a corporation, greater than 50% of a partnership arrangement, or own the business outright as a sole proprietor.

The applicants for the E-2 Visa will need to demonstrate documentation that indicates the source of monies invested in the U.S. business, predicted income of the investment, and the expected number of employees.

One may apply for the E-2 Visa while in the process of starting a business prior to the hiring of employees, or the actual transaction of business. You are required to prove that a business venture is being started through bank accounts established in the name of the business, various licenses obtained to operate the business, brochures, and agreements between potential clients, or sources of inventory, and leases.

The beneficiary of the E-2 Visa, their spouse and children will all be permitted to enter the United States on an E-2 Visa. The spouse and children will not be granted permission to work, but may legally attend school.

The E-2 Visa is issued for a one-year period, and is renewable in one-year increments as long as the business perpetuates successfully.

ADVANTAGES AND RESTRICTIONS OF AN E-2 VISA:

ADVANTAGES:

• No previous experience required pertinent to business. Ideal for persons considering to retire to the USA

• It is issued for no more than 5 years initially. However, this period can be extended almost indefinitely, so long as the original investment continues in existence.

• No need to visit USA during approval period.

• No need to maintain a foreign domicile only have to prove you are in a position to direct and manage business, need only to hold 51 % of ownership.

RESTRICTIONS:

• Investment must be in active business, passive investments, i.e. Vacant land, do not qualify.

• Must invest own funds and have outside income.

• Investment must be committed to business.

VISA SPOTLIGHT: EB-5 INVESTOR GREEN CARDS

As part of the Immigration Act of 1990, Congress created the immigrant investor visa category for foreign nationals who seek to enter the United States for the purpose of engaging in a new business venture. In order to establish eligibility for this visa, the foreign national must invest $1,000,000.00 in a commercial enterprise, which will create ten full-time jobs for persons authorized to work in the U.S.

Because the million dollar figure may discourage many investors, it is essential to keep in mind that this figure does not necessarily need to be invested into the enterprise at the outset. Instead, the investment can be made over a two year period. In addition, if the new commercial enterprise is located in a rural area or area of high unemployment, the entrepreneur will qualify for the visa with an investment of $500,000.00.

Similarly, the enterprise does not have to employ ten full-time workers at the time the visa is granted. Instead, the employment positions must be created within the two year period as well. In addition, if the enterprise is located in a specially designated regional center under the Immigrant Investor Pilot Program, an entrepreneur can qualify for this visa by demonstrating that his/her investment will create ten new jobs directly or indirectly. In order to count toward the requisite ten positions, the investor will need to demonstrate that the indirect positions were a result of local economic growth created by the new commercial enterprise.

A Center can apply to the Assistant Commissioner for Adjudications of the Immigration and Naturalization Service to qualify as an Immigrant Investor Pilot Program regional center. Currently, regions of Arizona, Colorado, Georgia, Hawaii, Louisiana, Massachusetts, Michigan, Nevada, New York, South Carolina, Texas, and Washington are designated regional centers.

Eligibility Requirements

To qualify for the immigrant investor visa, the foreign national must establish the following elements:

1. The entrepreneur will be an active investment partner in the enterprise. The investor should be involved in the management of the commercial enterprise, either through day-to-day managerial control or through policy formulation (such as serving on a board of directors). Multiple investors may establish a single commercial enterprise and obtain immigrant visas on the basis of this investment as long as each entrepreneur invests the requisite amount and each investment results in the creation of at least ten full-time positions for qualifying employees.

2. The entrepreneur has invested or is actively in the process of investing the required amount of capital. It is critical to document that the capital is “at risk.” Note: On January 22, 1997, the State Department issued a cable advising that consular officers examine three features when determining whether investment funds are “at risk.” First, the officer should make certain that, if the capital consists of a promissory note, the entrepreneur cannot exercise a sell option until the note is paid in full. Second, the capital will not be considered at risk if it is used to make payments on such a promissory note. Third, investments using trust funds can only be counted toward the requisite capital amount if they are fully available to the new commercial enterprise.

3. The entrepreneur established or is establishing a new commercial enterprise. This element may be demonstrated by providing articles of incorporation, a certificate of merger or consolidation, a partnership agreement, a local business license, and/or evidence that, since November 29, 1990, the required amount of capital has been transferred to the enterprise.

4. Ten full-time qualifying employees have been hired to work at the new commercial enterprise, but the investor can provide a comprehensive business plan showing that the enterprise will need to hire at least ten qualifying employees within the next two years.

5. Investment capital has been obtained through lawful means.

Conditional Status

Once a petition is granted, the immigrant investor and his/her spouse and children are granted conditional residence for a period of two years. 90 days prior to the second anniversary of obtaining such status, the investor should file for removal of the conditions.

In order to remove the conditions, the foreign national must show that:

1. A commercial enterprise was established by the foreign national;

2. the foreign national invested or was actively in the process of investing the requisite capital; and

3. the foreign national sustained the investment and the commercial enterprise throughout the period of conditional residence.

If the Immigration and Naturalization Service is satisfied that the investor fulfilled these requirements, the conditions will be removed and the investor and his/her immediate family will be granted lawful permanent residence.

The above information courtesy of Siskind Susser Haas & Chang — www.visalaw.com

Summary:

There is no visa specifically designated for full time retirement in the U.S. There are a number of non-immigrant work visas which permit a stay of several years, but most of these relate to specific job offers, which are unlikely to appeal to those retiring. A person might be able to retire in the U.S. by qualifying for an immigrant visa (permanent residence, i.e. “green card”) through sponsorship by a close relative, i.e. a parent, spouse, a child over 21, or sibling, though sponsorship involves a very long waiting period. For those who would not qualify in this way, other than by being an Immigrant Investor, for visas in the nonimmigrant visa category, the most appropriate and flexible is usually the E-2 visa.

Your immigration attorney can advise you on all aspects of both the E2 Visa, and the Immigrant Investor Permanent Residence “Green Card”, including examples and application forms.

KR Business Brokers focuses upon business services. We offer full consulting services for immigration business visa matters in the United States. We can consult with you pertaining to Green Card visa programs, L-1 visa (inter-intra company transfers), E-2 investor visa (treaty investor programs) and other general business services. We can assist investors who have qualified funds and are interested in venture capital, business start ups or investment acquisitions. KR Business Brokers does assist sellers or companies seeking equity investments or potential mergers. All consultation pertaining to immigration matters will be as a result of direct or indirect communication with immigration attorneys.

We are pleased to diligently coordinate your requirements to be performed by an independent qualified and licensed business lawyer, and/or immigration attorney to provide you with an investment and the documentation needed to gain approval for your US Visa. Your relationship will be directly with your immigration attorney after the introduction.

Summary of Immigration Information

Our services abbreviated: KR Business Brokers specializes in foreign business services. We offer full consulting services for immigration business visa matters in the United States. We can consult with you regarding Green Card visa programs, L-1 visa (inter-intra company transfers), E-2 investor visa (treaty investor programs), E-5 Investor Visa related businesses, and other general business services. We can assist investors who have qualified funds and are interested in venture capital, business start ups or investment acquisitions. KR Business Brokers also can assist sellers or companies seeking equity investments or potential mergers.

If you want to purchase a home near your business anywhere in the USA we will put you in touch with a real estate agent that can be of service to you.

If you want to soon retire within the U.S.A., then making an investment in a small business in the United States and qualifying for an E-2 Visa could potentially be the best method for you. The E-2 visa is probably the most appropriate visa for investing in an existing business in the United States The E-2 visa is advantageous pertaining to Visa extensions: it can permit a potentially indefinite stay in the U.S., assuming the investor continues to maintain the business successfully.

If you want us to handle most of your immigration issues, KR Business Brokers can make it easy for you by handling most aspects of acquiring a small business, including locating, pre-qualifying,

acquisition, and if required, assisting with ongoing management.

Summary:

There is no visa specifically designated for full time retirement in the U.S. There are a number of non immigrant work visas which permit a stay of several years, but most of these relate to specific job offers, which are unlikely to appeal to those retiring. A person might be able to retire in the U.S. by qualifying for an immigrant visa (permanent residence, i.e. “green card”) through sponsorship by a close relative, i.e. a parent, spouse, a child over 21, or sibling, though sponsorship involves a very long waiting period. For those who would not qualify in this way, other than by being an Immigrant Investor, for visas in the nonimmigrant visa category, the most appropriate and flexible is usually the E-2 visa.

Your immigration attorney can advise you on all aspects of both the E2 Visa, and the Immigrant Investor Permanent Residence “Green Card”, including examples and application forms.
KR Business Brokers focuses upon business services. We offer full consulting services for immigration business visa matters in the United States. We can consult with you pertaining to Green Card visa programs, L-1 visa (inter-intra company transfers), E-2 investor visa (treaty investor programs) and other general business services. We can assist investors who have qualified funds and are interested in venture capital, business start ups or investment acquisitions. KR Business Brokers does assist sellers or companies seeking equity investments or potential mergers. All consultation pertaining to immigration matters will be as a result of direct or indirect communication with immigration attorneys.

We are pleased to diligently coordinate your requirements to be performed by an independent qualified and licensed business lawyer, and/or immigration attorney to provide you with an investment and the documentation needed to gain approval for your US Visa. Your relationship will be directly with your immigration attorney after the introduction.