Immigration Information
REAL PROPERTY INVESTING AS AN IMMIGRATION STRATEGY
Are you considering immigrating to the United States? There are three visa strategies for investors to consider. Each allows you to use investments in real property ( homes, apartments, businesses etc.). These investments would make you eligible for a variety of business visas in the United States.
STRATEGIC IMMIGRATION PREMISE.
The strategy of implementation for an individual investor is determined by their country of origin and their present business circumstance. The determinant of the country of origin are treaty agreements between the U.S. and 53 other countries. The determining factor one's present business circumstance is that they own or operate their own business or corporation in their homeland,(must have more than 5 employees, not including the investor). All employees must be receiving salary and benefits (not just dividends and profits). The expressed mission of the U.S. Company can be the purchase, sales, trade, or development of real property for profit.
Now that we have reviewed the basic premise, let us review the features and benefits of the three visa options for investors.
E-2 "TREATY INVESTOR"
The Treaty Investor visa is a non-immigrant visa (E-2) based on US and Foreign Country agreements. The E-2 visa is issued to foreign nationals of these specific countries under the premise that the visa older is coming to the United States for the sole purpose of developing and managing this particular business entity with which they have invested and the funds are at risk should the business fail.
The investment being made by the visa holder has to be in cash or cash equivalents (mortgages). The exact amount of the investment is on a case-by-case basis; not specific in amount, but is in legitimate proportion to the business being purchased or developed.
The business being purchased or developed can be: a) a new enterprise, funded from ground zero, (e.g franchise) b) an existing business (e.g. restaurant, service station, existing franchise). The immigration status can be obtained in the United States while the visitor is on a tourist visa; or, can be applied for outside of the United States while the investor is resident in their homeland.
Whatever business being purchased or developed must be able to show that it has the capability to generate more than enough income for the investor and his family. The projected future income generating capacity generally must be obtained within five years from the date the visa holder commences activity.
The E-2 visa initially allows a stay of up to 2 years if applied for in the United States and can be renewed without yearly limits during the life of the business. If the visa is obtained in the embassy of origin, it can be granted for 5 years and can be extended in 5 year increments with no limitations during the life of the business. This visa is not subject to numerical limitations.
The spouse and children (unmarried and under 21) will be able to accompany their parent under this category. While the business owner must work for the company, the spouse of the E-2 applicant can be granted an independent work authorization.
L-1A "INTRA-COMPANY TRANSFEREE"
First, the foreign business owner creates his own U.S. corporation or business which purchases real property and who's function is the buying, selling, trading or auctioning of real property. By federal definition the foreign company and the U.S. company do not have to be in the same line of business.
The owner of a small or large business from any country (no treaty requirement) forms the corporate entity as either a U.S. affiliate, subsidiary or branch business in the U.S. and transfers him or herself to the United States to operate the business.
The business being created can be a start up operation (existing for less than one year) or can be an established business (more than 1 year old). The L-1A applicant must have been employed at the foreign company for at least one of the last three years and must be able to document that employment through payroll records, taxes, etc. The foreign company must remain in existence during the period and operation during the period that the L-1A applicant is present in the United States.
The spouse and the unmarried children (under 21) will be able to accompany the investor. The spouse of the L-1A applicant will be granted an independent work authorization.
This visa is subject to a maximum time limitation of seven years, but is eligible for first preference, employment-based residency, placing them on the fast track to obtaining a green card.
Each Visa category we have discussed has its own issues, features and benefits and we have attempted to summarize them for you for educational purposes only. These visa strategies need to be implemented by an experienced and duly licensed Immigration and Tax Law practice in order to be effective. The Practice must have a longstanding and working relationship with the U.S. Immigration and Naturalization service, an intimate knowledge of the Immigration interview process and detailed expertise in the timing and filing of the necessary paperwork with the proper U.S. government agencies. I have found such a law firm for your consideration.
