Articles Posted in Investor visas

In this video attorney Jacob Sapochnick discusses a frequently asked question regarding the E-2 Investor Visa: Are loans or gifts a legitimate source of funds for the E-2 visa?

In order to get an E-2 visa as an investor in the United States, you must demonstrate that you will make a substantial investment in a new business enterprise or an existing business. As part of the application process, you must show the origin of the source of funds for that investment, and the source of those funds must be legitimate. Not all sources of funds will qualify for the E-2 visa. Many of our clients ask whether a gift of funds or a foreign bank loan will qualify as a legitimate source of funding for the E-2 visa.

Overview: 

Are gifts a legitimate source of funds for the E-2 visa?

Yes, provided the investor has possession of the funds, and the funds are irrevocably committed to the investor by the giver of the gift. The person that has given the gift to the investor must provide documentation showing the source of those funds to prove that the funds came from a legitimate source.

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In this video attorney Jacob Sapochnick discusses the future of the EB-5 Visa Program.

What is the EB-5 Visa Program?

The EB-5 Visa Program is an Immigration Investor Program that was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

EB-5 Investors can obtain conditional residence if they:

  • Make the necessary investment in a commercial enterprise in the United States; and
  • Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
  • In general, the minimum qualifying investment in the United States is $1 million.
  • Regional Centers: Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment must be either within a high-unemployment area or rural area in the United States is $500,000.

As of September 28, 2018, Congress has extended the EB-5 visa program until December 7, 2018. This means that the program will continue to be active and investors may utilize the program just as before, at least until the end of the year. It is not yet known whether any changes will be made to the program in the future, or if the program will continue at all into the new year.

For more information about the EB-5 program please visit our website.

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In this video attorney Jacob Sapochnick talks visa options for entrepreneurs.

Overview:

In this video we cover four visa options that allow foreign entrepreneurs to live and work in the United States. These visa options also allow the foreign entrepreneur to bring his or her dependents to live with them in the United States.

Option #1 L-1 Visa for Executives, Managers, and Essential Employees:

There are two types of visas available under the L-1 category: 1) L-1A Intracompany Transferee Executive or Manager and 2) L-1B Intracompany Transferee Specialized Knowledge.

The L-1A category is a non-immigrant visa classification for aliens seeking to work in the United States in an executive or managerial capacity on an assignment of a temporary nature for a U.S. subsidiary or parent company of their foreign employer.
The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company.
L-1B: If the alien is not employed in an executive or managerial capacity, the L-1B visa classification comes into play. To be eligible for the L-1B visa, the petitioner must demonstrate that although the alien is not employed in an executive or managerial capacity with the company, the alien possesses specialized knowledge and can represent the organization’s interests in the United States.

Both the L-1A and L-1B require the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years.

Pro: the L-1 visa leads to a green card

Option #2 E-2 Investor Visa:

The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities. Investment activities include the creation of a new business in the United States or investment in an existing enterprise. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.

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Overview: 

What is an E-2 visa?

The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities, for a specified period of two years subject to renewal. Investment activities include the creation of a new business. Foreign nationals must invest a substantial amount of capital in a new or existing business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.

Who can get it?

Only foreign nationals from treaty nations may apply for the E-2 visa. To find out if your country qualifies, click here.

Level of Investment

Therefore, the level of investment must be such that it is sufficient to justify presence of the treaty national in the United States. The investment must be in an operating business e.g. a speculative investment in undeveloped land would not qualify, whereas an investment in a real estate development project probably would. Also, a substantial part of the investment must have been made prior to applying for E-2 status.

Key Points

  • The investment must be substantial, a standard which depends on the nature of the enterprise. Generally, investment funds or assets must be committed and irrevocable. The funds or assets must be deemed sufficient to ensure the success of operations.
  • The investment must be real and active and not passive; this means that a bank account, undeveloped land or stocks, or a not-for-profit organization will not be sufficient to be considered.
  • The enterprise must be a real, operating commercial enterprise or active entrepreneurial undertaking productive of some service or commodity. Paper organizations, speculative, or idle investments do not qualify as real operating enterprises or active entrepreneurial undertakings. Funds in a bank account are not considered at risk since they have not been committed.

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Overview: 

What is an E-2 visa?

The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities, for a specified period of two years subject to renewal. Investment activities include the creation of a new business. Foreign nationals must invest a substantial amount of capital in a new or existing business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.

Who can get it?

Only foreign nationals from treaty nations may apply for the E-2 visa. To find out if your country qualifies, click here.

Level of Investment

Therefore, the level of investment must be such that it is sufficient to justify presence of the treaty national in the United States. The investment must be in an operating business e.g. a speculative investment in undeveloped land would not qualify, whereas an investment in a real estate development project probably would. Also, a substantial part of the investment must have been made prior to applying for E-2 status.

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In this video, attorney Jacob Sapochnick discusses the 5 main ways to obtain permanent residence in the United States. Permanent residency allows a foreign national to live and work in the United States.

0:22 – 1. Family Based Immigration

0:56 -2. Employment Based Immigration

1:48 – 3. Investment Based Immigration – EB5

2:42 – 4. Diversity Green Card Lottery

3:26 – 5. Asylum and Special Immigrant Visas

Family-Based Sponsorship

The first and most common way to obtain a green card is through family based sponsorship where an immediate US Citizen relative files a petition for you the foreign national. There are generally 2 ways for a US Citizen to petition for an intending immigrant (1) file a petition with USCIS if the intending immigrant is residing inside of the United States, and entered the United States by lawful means through a U.S. port of entry and was properly inspected upon their entry or (2) if the intending immigrant resides outside of the United States, the beneficiary will need to go through consular processing to obtain an immigrant visa at a U.S. embassy or consular post abroad.

Certain extended family members (brothers and sisters) may also petition for a foreign national, however these visas are limited and subject to a waiting period according to the Visa Bulletin.

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Merry Christmas 🎄🎁

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Sunday, December 24, 2017

We would like to wish you and your families happy holidays and all the best in the new year. What are your new years resolutions? We would love to hear them. Thank you for trusting our office to handle your immigration needs. If you would like to learn more about the services we offer please visit our website. To schedule a free first time consultation, please contact our office.

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Breaking news, a federal judge for the District of Columbia, issued a ruling in the lawsuit, National Venture Capital Association, et.al. v. Duke, et. al, overturning the government’s delay of the International Entrepreneur Rule. This means that international entrepreneurs may now apply for parole under the rule as of Friday, December 1, 2017. The caveat, however, is that since the ruling was just handed down on Friday, no application has yet been released to apply under the rule, and the current parole application is not suited for the rule. It is expected that the government will soon issue a statement regarding the court’s decision and provide further guidance on what form to use.

In its decision, the judge ruled that the Department of Homeland Security unlawfully delayed enforcement of the rule, when it postponed the rule from going into effect just days before the rule was set to go into effect on July 17, 2017, without following the appropriate notice-and-comment procedure required by the Administrative Procedure Act.

Entrepreneurs must keep in mind that the the Trump administration may appeal the federal judge’s decision, or continue with their plans to rescind the rule, but as it now stands the government must accept applications for the international entrepreneur rule, even if the administration continues with their plans to rescind the rule.

What is the IER?

The rule makes it easier for eligible start-up entrepreneurs to obtain temporary permission to enter the United States for a period of 30 months, or 2.5 years, through a process known as “parole,” for the purpose of starting or scaling their start-up business enterprise in the United States. The decision about whether to “parole” a foreign entrepreneur under this rule will be a discretionary determination made by the Secretary of Homeland Security on a case-by-case basis (INA Section 212(d)(5), 8 U.S.C. 1182(d)(5)).

“Parole” will be granted to eligible entrepreneurs who can demonstrate that their company’s business operations are of significant public benefit to the United States by providing evidence of substantial and demonstrated potential for rapid business growth and job creation. Such demonstrated potential for rapid growth and job creation may be evidenced by: (1) significant capital investment from U.S. investors with established records of successful investments or (2) attainment of significant awards or grants from certain Federal, State, or local government entities.

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In this video, attorney Jacob J. Sapochnick sits down with international business students studying at INSEAD, a graduate business school in France. Jacob asks them a burning question: Despite all of the obstacles foreign workers face in immigrating to the United States, and the President’s hard-line stance on immigration, are foreign workers still interested in living and working in the United States? Click here to join the conversation.

Why do you want to live and work in the US?From INSEAD 🇫🇷 France

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Tuesday, November 21, 2017

To learn more about the different visa services we offer please visit our website.

For a free first time consultation please contact our office.

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In this post, Attorney Jacob Sapochnick Esq,  will explain whether franchises qualify for the E2 Investor Visa.

What is an E2 Visa?

The Treaty Investor Visa (nonimmigrant E-2 classification) is intended for nationals of a foreign country with which a qualifying Treaty of friendship, commerce, navigation, or a similar agreement exists with the United States.

Nationals (individuals or companies) of countries with such Treaties with the United States can obtain visas to work in the USA in order to develop and direct their investment with the USA. E-2 visa is for individuals coming to the U.S. to invest a substantial amount of capital or to direct and develop the business operations of an entity in which the individual has already invested funds.

Do Franchises qualify for E2 Investor Visa?

Yes, most franchises will be a good fit for this type of visa, however not all franchises will qualify. For example, in order for the application to be successful, the investor must assume an active role in the management of the franchise business. If your franchise meets this requirement, then it is possible for your franchise to qualify for the E-2 visa.

Secondly, the franchise must create jobs for U.S. workers. The investor must hire U.S. staff and employees to fill various roles within the franchise. The investor must also hire management staff with the appropriate experience to fill certain key positions in the business.The investor must also ensure that he is involved in some sort of decision making role within the franchise business’s organizational structure.

Third, the amount of money that is required to secure the franchise must be reasonable in order to obtain the E-2 visa. Franchises that require $50,000 or less will likely not satisfy the investment requirements of the E-2 visa. Franchises that require $100,000 or more are more likely to be successful in satisfying such requirements.

Does the investor Need to Buy the Business Before applying for an E-2 Investor Visa?

Establishing a business in the United States is regarded as a key requirement for buyers that are applying for an E-2 visa.

The best course of action is to place the monies that will be used to purchase the business in an escrow account in the United States. In the visa application it is possible to state that the purchase of the business is contingent on the approval of the E-2 Visa and will be finalized once the approval is obtained. It is also important to get all the documents from the Franchise processed, so that a full package can be presented to the US Immigration when filing for the visa application.

For more information click here for our E2 resource page. For legal advice please contact our office. Also remember to follow us on FacebookYoutubeTwitter, and Instagram 

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