Types of Visa That Are Perfect for Entrepreneurs, Investors or Business Owners

Girish Mohile is an Associate with D&A based in Mumbai, India. Girish works as local Business Development representative for the firm and acts as liaison between Indian clients and US attorneys on their source of funds. Girish is not licensed to practice law in the United States and nothing in this blog constitutes legal advice

 

If you are a business owner or an entrepreneur, then you might have your dreams of launching your business in the US. In order to do that, you will need proper documents as well as a US immigration business visa. You might consult a US visa attorney to know the various details about what type of visa you will need to start your business in the US. Here a list of the most popular visas that are suitable for investors or entrepreneurs or business owners.

E-2 Investor Visa:

If you are looking to run a business in the United States, then the E-2 visa may be the most cost-effective option.It allows a person to move to America for the purpose of running a business. The E-2 Visa is a non-immigrant visa and does not directly lead to obtaining the green card. In order to get this visa, you will need to start a business or at least buy a company or franchise . The investing amount depends on the type of business that you plan to run. The E-2 Visa is renewable indefinitely and allows you to stay in the US as long as you run the business. If the business becomes large enough, it is possible to apply for a Green Card under the EB-5 Program. Your children and spouse will also be able to join you in the US, and your spouse will also be able to apply for authorization to work outside of the business. Only citizens of countries with a relevant treaty with the United States are eligible for an E-2 Visa. This excludes citizens of India, China, Vietnam, and Russia among many others. Citizens of these countries must first obtain citizenship of an E-2 Treaty country like Grenada or Turkey.

EB-5 Immigrant Investor Visa:

If you are seeking a US Green Card, then an EB-5 Visa a better option than the E-2 Visa. The visa requires a $900,000 investment in the United States economy for a period of approximately 5-7 years. Investors are able to invest in their own business, but the investment must create ten American jobs, which can prove challenging. Instead, more than 90% of EB-5 applicants invest with a “Regional Center” which uses the funding to build hotels, residences and sports complexes. Such projects have a high demand for jobs, and mitigate the risk any risks to obtaining the Green Card. A whole family can come under on investment – this can include the investor, a spouse, and any children under the age of 21. Green Card holders are able to access in-state tuition at US universities.

L-1 Visa:

The L-1 Visa allows companies to transfer their employees from an overseas office to a US office. It is also possible to set up an office for your existing business in the United States and then transfer yourself or a manager to the United States to run that business. Entrepreneurs and business owners seeking to open a US branch of their existing business could utilize the L-1 Visa, but the period of validity differs depending upon the country of origin. The US business and the foreign business must be tied together by the same ownership, but do not need to be operating in exactly the same field. 

 

These are the primary types of US immigration business visas that on offer to business owners, investors and entrepreneurs who want to set-up or expand their business in the US. Davies & Associates offers free uconsltations to determine the best visa option for our clients.


Investors look to the E-2 Visa as the Cost of an EB-5 Visa Increases from Thursday

Cost of EB 5 Visa

Duncan Hill is marketing director at Davies & Associates LLC. Duncan is not a lawyer and nothing in this blog constitutes legal advice.

 

Barring an eleventh-hour intervention, the minimum investment required for an EB-5 application is increasing from $500,000 to $900,000 in areas of high unemployment and from $1 million to $1.8 million everywhere else.

 

Given the time it takes our attorneys and paralegals to prove that a client’s source of funds meets with strict US requirements, it is most likely too late to apply for an EB-5 at the current rate. 

 

For those who can afford the higher investment amount, the EB-5 visa remains one of the fastest routes to a Green Card. 

 

For those who cannot afford the higher investment amount there are a range of options available. Here at D&A, the team picking up most of the slack is the E-2 Visa team (although there are a range of other options available and we advise you to discuss them with us.)

 

The E2 Visa is designed for people seeking to move to the United States to own and operate a business. Processing times are quick, and spouses are eligible to apply for work authorization in the United States. It is possible to expand an existing business, open a new one, or buy an off-the-shelf franchise.  

 

Only citizens of countries with a relevant commercial treaty with the United States are eligible for E-2 visas. This excludes some countries where demand for US visas is the highest, including India, China and Vietnam. Citizens of these three countries already face a multiple-year wait for an EB-5 visa because demand has far outstripped supply.

 

Yet at D&A we are part of a wave of pioneering law firms working to help citizens of such countries become eligible. For example, we have helped clients obtain E-2 visas by first becoming citizens of Grenada in the Caribbean. Coupling an E-2 Visa with Grenadian citizenship in this way has allowed people to live and work in the United States while on the EB-5 waiting list. If the business becomes large enough, it is feasible that it could be transitioned to a Green Card via EB-5.

 

Grenada is a cost-effective option with no residency requirement or tax on worldwide income.  Processing times are quick and have just got even faster. It is possible for the whole process of Grenada and E-2 to take just a matter of months. Grenada is not the only option available and D&A works with a range of E-2-eligible citizenship by investment programs around the world, including Turkey, Montenegro, and various EU countries. 

 

Contact our team today to discuss a bespoke immigration solution to suit your needs.


Italy Relocation: Molise, Sambuca & One Euro Homes

David Cantor is a licensed attorney in the State of New York based in our Florence, Italy office. David oversees Client Relations for Davies & Associates Global Investor and Business Visa Practice.

 

Recently, select municipalities throughout Italy (Molise, Sambuca, Mussomeli, Patricia, and others) have launched official economic programs to stimulate and rescue dwindling communities. These unprecedented economic strategies involve marketing lucrative offers for individuals and families to establish residency and businesses in select, dwindling, provincial townships and communities – from purchasing 1 EURO homes to effectively gifting 25,000 EUROS/year to those that qualify.

These “too good to be true” offers have attracted significant international media attention, and consequently a high-volume of candidates who wish to pursue the Italy dream. In fact, you do not have to go far to find information – simply Google: “1 Euro Home” or “Molise Italy”.

 

Yet, like many “too good to be true” offers, these Italy relocation programs come with fine-print and unique challenges. While there is still merit to these official programs and there aim to bolster dwindling rural townships, there are some practical considerations for anyone seriously considering them.

 

At Davies & Associates, along with our Italy-based partners, we have taken our time to perform due-diligence on these various programs, learn more about the practical details, challenges and concerns. We have spoken to official representatives at Molise, and scheduled appointments in Mussomeli, Sicily to visit the 1 Euro homes. To say the least, these provincial townships, once quiet, can barely handle the in-flux of inquiries. Many municipalities have had to hire English-speaking staff to simply answer the phones.

 

All considered, before packing any bags and making plans to migrate with the entire family to collect 700 Euros/month out of thin air, it is necessary to understand some basics with regards Italy’s immigration and residency regulations.

 

“You still need a visa for this program,” comments Pietro Pennisi, Partner & Senior Immigration Attorney at JMU law firm in Italy. “Many of the people interested in this program are being misled, or misinformed. You cannot obtain a visa in Italy through these programs, you need a visa for this program.”

 

For non-EU members, to obtain Italian residency, you need the requisite visa for Italy. If you are a member of the European Union, you need proof of health insurance and the ability to demonstrate you have the required minimum capital in your bank accounts. For Non-European Union residents, it is even more complicated. For example, the Molise program (offering 25,000 EUROS or roughly 700 EUROS/month for three years), which will no longer be accepting applications after November 30th, requires you to establish a business in Molise. This requires a work-permit. A work permit requires a visa. Through the visa, you can then apply for residency.

 

In other words, simply purchasing a one EURO home or being accepted into the Molise program does not grant the immediate right to receive a visa for Italy. This still needs to go through traditional, formal immigration processing channels, and eligibility for obtaining a visa in Italy will vary on a case-by-case basis.

 

At Davies & Associates, we offer a full-suite of relocation and business services for Italy. This includes immigration and residency solutions, real-estate and property representation, business and corporate support, as well as tailored tax advice.

 
In fact, the above programs are simply one part of the bigger picture when it comes to Italy’s efforts to stimulate the national economy (read more about Italy’s new Impatriate Tax Regime for high net worth individuals, investors and pensioners). For those interested in learning more about opportunities to migrate and live in Italy, please contact us today.


Key Benefits of Working with A Regional Center in EB 5 

Cost of EB 5 Visa

Girish Mohile is an Associate with D&A based in Mumbai, India. Girish works as local Business Development representative for the firm and acts as liaison between Indian clients and US attorneys on their source of funds. Girish is not licensed to practice law in the United States and nothing in this blog constitutes legal advice.

 

EB 5 Visa or also known as the Immigrant Investor Program, enables foreign investors to get a US Green Card through investment. An individual needs to fulfil the following requirements to be eligible to apply for this visa.

 

  1. The investor has to invest a minimum amount of $500,000 via an EB 5 regional center
  2. The investor also needs to demonstrate that the investment capital has come from legitimate sources.
  3. The investor should have a clean criminal record. 

If you too want to invest in the US economy, you have two options: make and manage the investment yourself (Direct EB5) or invest with a Regional Center.

 

 Over 90% of investors choose the Regional Center route, and here’s why.

What are these regional centers? 

These are public or private organizations designated to sponsor capital investment projects by the US Immigration Department. Their work is limited to a specific geographical area they are assigned to monitor.

Here are some key benefits of taking EB 5 visa through the regional center program.

1. EB 5 visa conditions require an investor to create 10 full-time jobs in the country. Regional Centers are allowed to make advanced calculations which includes indirect jobs created by the project. This increases the chances of compliance with the job-creation requirement and mitigates the risk of losing the Green Card. When making an investment yourself, it can be harder to prove that jobs have been created.

2. Investments made through Regional Centers are usually made in targeted employment areas. These areas are targeted because either they are rural areas or they have a very high unemployment rate. The benefit that you get in this case is that the minimum investment requirement reduced by half. For investments in targeted employment areas, the minimum capital requirement is just $500,000 as opposed to $1 million in all other cases. When making the investment yourself through the Direct Route, it can be harder to prove that you have made the investment in a targeted employment area.

3. The Regional Center program offers the investor freedom to pursue other interests in the United States without the burden of complying with the Program’s rules. For example, when you invest through the Direct EB 5 route, you are expected to take up managerial jobs in the business. This is not the case with the Regional Center program. You can take up the role of a policy adviser and fulfil your responsibilities even when you are not in the country. This gives you the freedom to do away with the requirement of living near the business where you invested.

 

For more information about US business immigration rules and requirements, you should consult the experts.

 


5 Types of Startup Visas That Are Good for Entrepreneurs

Cost of EB 5 Visa

Girish Mohile is an Associate with D&A based in Mumbai, India. Girish works as local Business Development representative for the firm and acts as liaison between Indian clients and US attorneys on their source of funds. Girish is not licensed to practice law in the United States and nothing in this blog constitutes legal advice.

 

Every year, several people from around the world migrate to the US in search of better business opportunities. Several studies by Inc have suggested that foreign entrepreneurs have started more than half of the private startups in the US. If you too, have been planning to move to the US and found a startup, you can read about these five different types of visas for entrepreneurs.

 

1. EB-5 Visa

This visa is also known by the name of the Immigrant Investor Program. After getting Eb-5 visa, you become eligible to become a permanent resident of the US. One condition for this is that you should invest at least $1 million in any business venture in the US. If you are investing in a business setup in any rural area, you can do that with an investment of only $5,00,000. While you do not need any employer for this visa, people face the difficulty in investing a large number of funds. There is also a cap on the maximum number of people who would be given this visa. The US provides this visa to only 10,000 people every year.

 

You will also be required to submit relevant documents like business loan agreement, investment agreement, etc. to the government.

 

2. E-2 Visa

While it is quite challenging to obtain an EB-5 visa, you can get an investor visa USA with a minimum investment of only $1,00,000. One shortcoming with this visa is that you need to be a resident of a country with which the USA has signed an investment treaty. At present, only 80 countries have signed this treaty with the US, and there are several potential countries like India and China, which aren’t on the list.

 

3. EB-2(C) Visa

If you lack sufficient funds to invest in a business, you can choose to apply for the EB-2(C) visa. Although it is a kind of employment visa, it doesn’t require you to be an employer. You can get this visa even if you have a master’s degree or if you are highly talented in your field. You will need to prove that you are skilled enough to be of value to the country’s interests.

 

4. O-1 Visa

This visa is similar to EB-2(C) visa, but it is not an immigrant visa. While you can work in the US if you are talented enough, you would not get a green card. If you are exceptionally talented in your field, you can apply for this visa, but you will have to find a business to sponsor you.

 

5. L-1 Visa

US offers two types of L-1 visa from USA to India to entrepreneurs. Only company managers and top executives are eligible to get L-1A visas. It also has the requirement of you working for at least one year in the company’s US office. You can also get this visa if you open an office for yourself in the US.


Qualifying for a Merit-Based US Visa Application

David Cantor is a licensed attorney in the State of New York based in our Florence, Italy office. David oversees Client Relations for Davies & Associates Global Investor and Business Visa Practice. 

The current administration is favorably adjudicating “merit-based’ visa applications. While “merit-based” is a broad concept, applicable to multiple US visa categories, it generally refers to individuals whom can demonstrate that they have achieved a certain level of success and recognition in their respective professions. At Davies & Associates, we focus on two immigrant-visa categories that do not require an employer sponsor (i.e. a job-offer). In essence, the applicant may self-petition based on their respective achievements and professional profiles. At Davies & Associates we successfully represent qualified individuals from a variety of professions: foreign medical practitioners and researchers, multinational business executives, scientists, philanthropists, artists and many more.

Can I get a visa without a job-sponsor or employer?

The two main immigration pathways that we specialize in are the Employment Based (EB), and National Interest Waiver (NIW) visa categories.

As part of our in-take procedure, our qualified legal professionals with thoroughly evaluate your candidacy and determine the most suitable immigration strategy.

Succinctly, the extraordinary ability category (Employment Based 1st Preference – i.e. EB-1A) requires an applicant to prove that they have risen to the top of their field and attained sustained acclaim. The National Interest Waiver category (NIW) requires proof that your work is of “substantial merit” and “national importance” and that you will be coming to the U.S. to continue the type of work you have been doing overseas, ensuring it continues to constitute “substantial merit” and “national importance”.

The extraordinary ability and national interest waiver classification applications must demonstrate that an applicant meets a specific series of criteria.  In many cases, a potential candidate you will have the opportunity to apply for one or both categories.  There are many factors to consider.

Please contact our firm today to request EB-1A criteria and similar materials pertaining to NIW criteria.

EB-1A

This is the highest level of visa classification and USCIS looks very closely to determine that you have received or been nominated for a major industry award or meet at least 3 of the ten “alternate” criteria.

You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

  • Evidence of your membership in associations in the field which demand outstanding achievement of their members

  • Evidence of published material about you in professional or major trade publications or other major media

  • Evidence that you have been asked to judge the work of others, either individually or on a panel

  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

  • Evidence that your work has been displayed at artistic exhibitions or showcases

  • Evidence of your performance of a leading or critical role in distinguished organizations

  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

  • Evidence of your commercial successes in the performing arts

** Examples of Documentary Evidence That A Person is an Outstanding Professor Or Researcher

  • Evidence of receipt of major prizes or awards for outstanding achievement

  • Evidence of membership in associations that require their members to demonstrate outstanding achievement

  • Evidence of published material in professional publications written by others about the alien’s work in the academic field

  • Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

  • Evidence of original scientific or scholarly research contributions in the field

  • Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

NIW

With NIW status, the emphasis is on the work an applicant is conducting as we must demonstrate that it is of “substantial merit” and “national importance.” In addition, it must be shown that the applicants “prospective endeavor” in the U.S. is so important that using the traditional route of filing a labor application would be detrimental to at least a segment of the U.S. population. Although the applicant is not required to have an employer sponsor for NIW classification, we need to demonstrate the clear possibility of prospective U.S. work in the applicants area of endeavor and it is in fact preferable that the applicant have a substantive employment scenario lined up (it need not, however, be a traditional employment arrangement).

At the center of an NIW petition is the nature of the “proposed endeavor” an applicant will undertake upon the approval of your permanent residence application. As requirements for legal immigration become more stringent, the “proposed endeavor” in the U.S. is becoming increasingly more important; it is the “centerpiece” of the NIW petition. To successfully prepare an applicant’s petition, we require a detailed description of the professional activities that an applicant will prospectively perform upon entering the United States as a U.S. permanent resident, together with a detailed explanation of why this role would be considered important to various industries in the United States.

Timeframes for EB-1A and NIW petitions

All EB-1A and NIW petitions are submitted to the Texas Service Center which then has the option of forwarding these matters to the Nebraska Service Center based on the workloads of both Service Centers – we have no control over this.  At the time of this writing, the TSC is processing both EB-1A and NIW petitions that were submitted on or before March 10, 2019 while the NSC is working on both types of petitions that they received on or before February 7, 2019. Therefore, they are quite close as to processing times, having a 7 or 8 month backlog.

For the most recent processing times please visit the US Government website.

Second stage of U.S. permanent residence

Applying for EB-1A or NIW classification permits an applicant to skip the first procedure generally required in the permanent residence process which involves submitting an application to the U.S. Department of Labor. Having to submit this labor application can add up to a year to the processing of a permanent resident application, so it is of great benefit timewise that an applicant will not have to go through this.

The U.S. Department of State monthly bulletin

Each month the US Dept. of State publishes a visa bulletin in which they list the “priority dates” of all categories for both family and business-based immigration. The priority date refers to the date that the first stage of your permanent residence process was filed.

You can find updated information on the US Department of State website here. Please contact our attorneys to learn more about processing times and how it may influence your immigration strategy.

Working in the U.S. while your permanent residence application is being processed

A large number of foreign nationals applying for U.S. permanent residence use the option of obtaining a temporary visa status so they may work in the U.S. while they wait for their permanent residence application to be approved. In many of our “merit-based” client situations, an O-1A visa can be appropriate for this purpose. The criteria for O-1A visa status is very similar to that pertaining to EB-1A visa status.

Although O-1 visa classification has benefit’s that other types of temporary status do not, it is required that to qualify for O-1 visa status an applicant must have an employer willing to sponsor them. However, the applicant may also use an agent who will serve as an intermediary if you have multiple short term or part-time employers.  An applicant may also work for multiple employers as long as they are included in the petition, and we may add additional employers during the duration of an applicant’s O-1 petition.

Our Firm and Intake Procedures

Through immigrant visa applications a candidate will be granted permanent residence. To be granted a United States Green Card based on your own professional and career achievements is significant matter. At Davies & Associates we do not accept every case and our prospective clients are put through a rigorous initial evaluation to determine eligibility.

If you are interested to learn more about these visa-categories, and whether or not you may qualify please contact us today.


Everything You Need to Know about EB-5 Investor Visa

Cost of EB 5 Visa

Girish Mohile is an Associate with D&A based in Mumbai, India. Girish works as local Business Development representative for the firm and acts as liaison between Indian clients and US attorneys on their source of funds. Girish is not licensed to practice law in the United States and nothing in this blog constitutes legal advice.

 

There are often a number of immigrants and other people who want to permanently live or work or do both in the USA. For this, there are a number of options available to them amongst which, one option is the EB-5 visa which is an investor visa for USA which is particularly a very attractive or lucrative option for individuals who want the freedom to live, work, retire or study anywhere in the United States. The reason why it is called an investor visa is because the participant is required to pay a minimum of $500,000 USD into an investment or Regional Center project in the United States. This minimum amount is set to increase to $900,000 in November.

 

Another condition of this visa is that your investment should create and sustain at least ten, full-time American jobs. The investment can be made directly by the applicant provided they comply with the EB-5 regulations or they can place their money with a Regional Center which uses the money to fund real estate projects across the United States. According to statistics, more than 94% of EB-5 applicants go for the EB-5 Regional Center option. 

The process of applying for an EB-5 visa: 

Although the steps for applying for an EB-5 visa are straightforward, difficulty arises with the paperwork and the proof of legitimate funds that are necessary to successfully attain a visa. Thus, throughout the process, it is always an option to have an EB-5 visa attorney to conduct thorough review of all the investor’s documents and keep track of the progress.

 

The first step is to choose between the 2 avenues available to apply for EB-5 visa i.e. whether to go with a regional center or for direct investment. The next step is filing for an I-526 petition which has all the personal and financial details as well as intended business plan. Finally, when all the information provided is deemed legitimate, the applicant can apply for residency and directly procure green card and citizenship.

 

Thus, EB-5 is a lucrative and easy option for investors who wish to gain residency and acquire or invest in US-based companies since the process entails very little work and huge rewards for serious investors and applicants for residency.


Quickest Visas Options For Investors For Immigration To The US

Cost of EB 5 Visa

Girish Mohile is an Associate with D&A based in Mumbai, India. Girish works as local Business Development representative for the firm and acts as liaison between Indian clients and US attorneys on their source of funds. Girish is not licensed to practice law in the United States and nothing in this blog constitutes legal advice.

 

Are you planning to invest in a business in the United States? Or are you all set to expand the company and establish a brand new office in the US? If yes, then are you aware of L-1 and E-2 visas? These are both work visas which can be obtained in a matter of just a few months. These are most useful for the investors who wish to immigrate quickly to the States.

Both the visa classifications are solely intended for the investors’ US immigration business visa; however, there are few essential differences between these two classes. The ideal way of navigating through the L-1 and E-2 requirements is to come with a very clear overview of all that needs to be achieved. Do not panic if there is no plan yet. Here is a table to help you:

L-1 Visa

E-2 Visa

1-year start-up visa, usually three

5 Year Visa

Active management needed

Direct and develop the business

Strong presence in the U.S.

Flexible presence in the States

Elimination of no investment treaty

Investment Treaty required

Proof of sufficient funds with its source visible

Funds security source and path available

Direct path to attaining Green Card

No direct path to attaining Green Card

English Proficiency

English Proficiency

Executive/Managerial

No Management Required

Maximum of 7 years

Can be renewed for an indefinite period

Expanding business

Investing in new business

 

The L1 classification enables U.S employer to transfer a manager or executive from its affiliated foreign offices to the United States. This classification enables a foreign company that does not have a U.S office that is affiliated to further send a manager or executive to the States in order to publish one. The E-2 visa makes way for a national of a treaty country to get admitted to the States while investing a good amount of capital in the business abroad.

When the country does not have an investment treaty with the States, the only option an Investor is left with, is the L-1 visa. Even if there is eligibility to apply for either of the investor visa in USA, the choice depends on your intention and requirements involved.

The requirements of E-2 investor visa doesn’t demand minimum amount of investment. The amount, however, needs to be substantial relative to the entire cost of purchasing or creating a company. On the contrary, in L-1 visa scenario, for opening a brand new office in the States, you are required to prove that it has been funded adequately so that the investor is able to maintain the operation and also pay salary to the employees. Moreover, you will also be asked to show physical premises for the new office you intend to build. Hence, you need to obtain a lease agreement for US business immigration.

Thus, these two Visas help attain immigration to the US for investors. Now that you are aware of the information and its process, it is time to go online and apply.


Requirements For E-2 Treaty Investor Visa That You Must Know

Cost of EB 5 Visa

Girish Mohile is an Associate with D&A based in Mumbai, India. Girish works as local Business Development representative for the firm and acts as liaison between Indian clients and US attorneys on their source of funds. Girish is not licensed to practice law in the United States and nothing in this blog constitutes legal advice.

 

If you are looking forward to moving to the US, there are several options available to you. Out of all the options, E-2 visa stands out. E-2 visa enables an investor to live and develop business in the US. Also known as investor visa for the US, it is relatively easy to obtain this visa as compared to other types of visas like H1-B.

Qualifying for an E-2 visa can be a bit complicated and here are the requirements for it.

E-2 treaty investor visa is the one reserved for entrepreneurs of countries that are signatory to the treaty of trade and commerce with the US. This visa allows an investor or businessman to carry out trade activities in the US. There is a conundrum relating to what amounts to investment activities for E-2 visa. You must remember that a substantial amount of investment is a must for obtaining this visa which includes the cost of purchasing and establishing the business. The total amount must be sufficient to run and develop the business successfully.

 

Here are some of the requirements for the investor visa:

1. You should belong to a country which is a signatory to the Treaty of Commerce and Navigation with the US. The list of these countries is available with the Department of State

2. You have already invested or are in the active process of investing substantial capital in any business enterprise in the US. The definition of significant amount has previously been mentioned above

3. You sole aim to enter the US should be through direct investment in an enterprise. Proof that you own at least 50% assets in that enterprise

An investment for those obtaining the US business immigration visa means placement of funds or assets in the enterprise with the motive of making profits and subject to loss, either partial or full. A treaty investor needs to prove that the funds used for the investment have not been obtained by any criminal activity.

Additionally, the enterprise in which a treaty investor is planning to invest should not be a marginal enterprise. An enterprise is marginal when its capacity to generate income is less than what is required to give minimum living to the investor and his family. There are other conditions attached to this, and these conditions depend on the age of the enterprise.

Once E-2 visa is obtained, investor gets the benefit of traveling freely across the country and work legally with any company. Relatives or dependents can also accompany the investor to the US. Investors can also call their workers for the enterprise on this visa.


3 Reasons Why EB-5 Visa to USA is a Good Option for Indian Citizens

Cost of EB 5 Visa

Girish Mohile is an Associate with D&A based in Mumbai, India. Girish works as local Business Development representative for the firm and acts as liaison between Indian clients and US attorneys on their source of funds. Girish is not licensed to practice law in the United States and nothing in this blog constitutes legal advice.

 

Indians opting US for studies find it increasingly difficult to find a job and live there due to massive backlogs faced by them in the EB-2 and EB-3 categories forcing almost a decade long wait. This massive waiting period is after application for H-1B visas has been made, which undergoes a lottery in which if successful, they must find an employer willing to sponsor for a green card after which they will face the backlog mentioned above. With the EB-5, permanent residency is offered to foreign nationals on the condition that they invest a minimum of USD 500,000 in a US based business through lawful sources which manages to create ten full-time jobs. With immigration laws becoming much stricter since the Trump administration, EB-5 seems like the only good option left for Indian citizens right now and here are a few more reasons why:

1) Fast route to a Green Card

Indian citizens are facing a delay in their EB-5 application process, but this remains far shorter than the wait in EB-2 or EB-3 categories. The EB-5 delay may be about four years, so it is vital to start considering an application to prevent any children from ageing out of a family application at 21 years of age.

2) H-1B visa difficulties 

With the Trump administration curbing immigration at full force, obtaining an H-1B visa is becoming tougher than ever before with various restrictive executive orders and policy memoranda. Since EB-5 does not need employer sponsorship for permanent residency, it’s more attractive to employers and you can enjoy more freedom in terms of career movement.

3) In- state tuition 

Under permanent residency many students become eligible for in-state tuition fees at public universities with in-state tuition fees being significantly cheaper than the full tuition fees charged to foreign nationals.

These are just some of the benefits EB-5 has to offer but with increasing restrictions from the Trump administration, it may turn out to be the only practical option for Indian citizens to apply for studies or for US business immigration. In the process you may have to hire an EB 5 visa attorney or an EB 5 immigration lawyer depending on your motivation for immigrating to US, to help you in process of immigration to the States.