Individual investors may choose among four
U.S. immigration categories
L-1A International Managers
- Manager or executive works for foreign company that is related to a US company by
50% or more common ownership. The manager must have worked for the foreign company for one
of the past three years and must be coming to the US company to work in a managerial or
executive capacity.
E-1 Treaty Traders
- Manager or executive from a treaty country controls substantial trade between the
US and the treaty country. Substantial as a general rule means $500,000 or more a year of
trade.
E-2 Treaty Investors
- Owner or Developer of the new enterprise from a treaty country (see list of treaty
countries) has 50% or more ownership in a substantial US employment creating investment.
As a general rule substantial means $200,000 or more. Although smaller investments are
often approved the risk of denial increases as one heads south of $200,000.
Eb(5) Immigrant Investors.
- Individual invests $500,000 in a high unemployment area (150% of national
unemployment rate) or $1,000,000 elsewhere and hires 10 persons within 2 years, or invests
in a Regional Center and may use job multiplier studies instead of direct employment.
Because this category has been controversial INS processing times are slow and
unpredictable.
None of the investor categories have language, education or business
experience requirements.
The Investor Decision Tree
1. You own or control a business in your home country and want to establish a
branch office, affiliated company or subsidiary in the USA.
- Use the L1A visa. INS grants 1 year to start up the US business with a total
extension periods of seven years. The biggest advantage of the L1A visa is that it can be
easily converted to a green card after doing business in the U.S. for one year.
2. You own or control a business in your home country that already own a U.S.
branch office, affiliated company or subsidiary company.
- You can apply for a green card as a managerial transfer from abroad without coming
to the US, you can come to the US as an L1A (above), or you can come to the US as E1 or E2
if you are from a treaty company. In all cases you may apply for a green card as long as
you qualify as an international manager (serving one of past three years as manager or
executive of the foreign company).
3. You want to establish a US business that is not connected with an overseas
company.
- If you are a citizen of a treaty country you can use E1 if the US business is based
on trade or in all other cases use E2. If you do not also qualify as a managerial transfer
you will probably never qualify for a green card unless you invest $500,000 or $1,000,000
per the Eb5 category. If you want to know why, you need to contact us. Otherwise take our
word for it. Its too complicated to describe in summary form.
Now you need to know the basic differences
between the E visas and green cards.
The green card lasts forever, and permits one to work, invest, study or do none of
the above with complete freedom. Green card holders are subject to US world wide taxation
and must make the US their permanent residence. Green card holder dependents also receive
green cards valid for the rest of their lives.
E visa holders may only work for themselves or the E visa enterprise. E visas may
be extended as long as the E visa enterprise is operating. E visas are generally issued in
five year increments. E visa dependent children loose their E visa status when they turn
21 years of age. At that time they need to find another status. E visa holders and
dependents may study in the US. E visa holders do not have to live in the US any
particular amount of time and may arrange their affairs so they are not subject to world
wide taxation.
Those wishing to retire in America, live in America say six months a year and have
no kids under 21 years of age, should consider an E visa investment. In this case the E
visa is more flexible both for tax purposes and there’s no requirement to come to the
US for at least one time every six months. The US does not have a retirement visa
category. The E visa is as close as it gets.
Families with young children need to consider the fate of their children once they
turn 21. In this case green cards are the better alternative. If a green card is not
possible, then consider that children can go to university on F1 visas, upon graduation
qualify for H1B visas and at some point they will get married, more than likely to a US
citizen. If you don’t qualify for a green card and don’t want to expose your
children to the added immigration pressure of having "ify" status then stay home
or invest under Eb5 below.
If all else fails consider EB-5.
EB5 has been controversial. If you check around you will here a variety of horror
stories. Here’s the truth according to us. First, your are only considering this
because you don’t qualify for another visa category and you want a green card. If you
invest in a pooled immigrant investor fund, INS will deny your file. Its that simple. If
you as an individual invest the required capital amount in a job producing enterprise INS
should, after a long processing period approve your case if you have a detailed business
plan, a verifiable source of funds, and if you add some value to the business either
through your experience/education or as an owner operator. Because of the uncertain
processing times, we suggest that you apply for an E visa first, then apply for the EB5.
Lots more on:
EB-5 Visas
L-1 Visas and the two step method
The E-2 Visa
