There are ways to invest, which if structured correctly can assist your client for immigration purposes. Below are various business related visas, which you, the foreign investor should be familiar with.
E-B5 Investor Visa
The E-B5 Investor Visa is available to foreigners who make an investment between $500,000 and $1 million in a new business or in an already established business, or in businesses that have some type of operational or financial problem. This investment should, either directly or indirectly, create at least ten full-time employment positions or part-time employment positions for local employees. This means that the investor is practically purchasing their residence. There are three programs designed for this category that describe different ways to make this investment.
- The first program is created when the investment is for $1 million in a business that due to the investment creates ten full-time employment positions for local employees.
- The second program is created if the investment is made within an area designated as a Targeted Employment Area; this means an area having a high unemployment rate, a population less than 20,000 people, and the minimum investment amount is $500,000.
- Government investments designated by the Regional Center are those that require an investment between $500,000 and $1 million. These investments are intended to create jobs in general; this category is subject to a 10,000 annual quota, with 3,000 being reserved for the Regional Centers. However, the 10,000 quota has never been filled. The laws regulating this visa are valid until December 2017.
For those investors who are not interested or do not wish to invest in such large quantities, there are other options, such as the following visa.
E-2 Treaty Investor Visa
Foreign countries that have an E-2 Treaty of Commerce with the United States are eligible for the Investor Visa, provided that they have invested capital in the United States. In this case you should visit the country solely to develop and direct the business created or purchased; you must also demonstrate that at least 50% of the business is due to the investment, or that you have high operational control through a managerial position, director position, or executive position. The company should generate more than enough capital to support the family of the investor. Spouses and children under the age of 21 are also eligible through the primary investor. Beneficiaries arising from an E-2 visa, that is, the family of the investor, are granted an initial stay of two years and extensions of up to three additional years are available, which totals up to five years.
There are no limits renewals. The smaller amounts that our firm has filed with the Immigration Department “USCIS” with great success has been between $50,000 and $75,000 and has guaranteed possession of an E-2 visa.
- Investors coming from Venezuela, Brazil, and Peru who do not hold a dual citizenship with another country that has an E-2 Treaty of Commerce are not eligible within this category since Venezuela, Brazil, and Peru do not have an E-2 Treaty of Commerce with the United States.
- Examples of eligible countries include: Italy, Spain, Argentina, Chile, Ecuador, Colombia and the United Kingdom, among others.
- These visas do not have established quotas for investment and can therefore be renewed without limitation during the life of the business. If you already have a business or are thinking of expanding your current business, the following visa can benefit you.
L-1A Visa for Intracompany Transferee Executive or Manager
This visa is available to executives or managers of a U.S. Employer who wish to transfer to an affiliated U.S. office for immigration purposes. In addition, this visa is available to executives who want to establish and/or create a company in the U.S. that is affiliated with one in another country in order to expand their business, or to simply expand their sources of income. This means that one company must be a subsidiary of the other, meaning one company owns the other or they have common ownership. The term of an L-1A visa is for one year for those executives who establish a new business and three years for those who work for companies already established in the United States.
There are no applicable quotas for an L-1A visa. There are extensions ranging from two to seven years maximum, depending on the case. This strategy, used to obtain a legal status in the country has several requirements, such as:
- The individual must demonstrate that he/she is the owner of the newly created company or that they form an essential part of the daily operations of the business for the company for which they work (those companies previously established in the United States). Additionally, this evidence should appear on the payroll records of the company in your country in at least one of the preceding three years. For example, Mr. Gomez, a Colombian national, who has a tire company in Colombia, creates his own company within the United States, participates in the investment and real estate transaction in the United States so that later he may be transferred to the United States as a Colombian Executive, with the final goal of managing the new home he has created for his business.
- The company located outside the United States must have been in existence for more than 1 year and have at least five current employees.
- If the company located within the United States has been operating for less than 1 year, the investor will be granted a visa for 1 year, which can be extended for up to 7 years.
These investments visas include the investor’s spouse and the investor’s unmarried children. If structured correctly, these visas can lead to a permanent residency.
This firm is associated with American and International Business Visa Advisors, LLC, which is a business brokerage company that assists clients in finding suitable investments as family homes, condominiums, commercial property, or other existing business opportunities.
Additionally, we also assist our clients by offering financing for their real estate purchases. The basic financing terms for our international clients are as follows:
- Typically there must be a deposit of 30-50% of the total property.
- Many mortgages have fixed interest rates for a period of time; these mortgages are called adjustable rate mortgages. The term for which the interest rate remains fixed is between 3-5 years and up to a maximum 7 years.
- The interest rate depends on the loan amount and the type of property; interest rates usually vary by an average of 3.8% and 5.8% annually.
- A loan for an international client has small variations in price, but is usually higher for those international clients who have not established credit or obtained assets in the United States.
- Almost all clients who obtain an international loan do not have to pay for previous loan penalties, which means that you can pay the total loan at the time you desire.