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Visa/ Green Card / Permanent Residency based upon substantial investment in the USA

FOR MOST US INVESTMENT CASES, THESES FOUR VISA CLASSIFICATIONS ARE MOST POPULAR:
E1

Treaty Trader Visa enables executives coming from treaty countries to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country.

E2

Treaty Investor Visa enables executives, develop and direct the operations of an enterprise in which you have invested a substantial amount of capital. While there is no precise definition of what is considered substantial, the minimum Investment should be at least US$100.000 in order to have a solid immigration case. The initial period for the visa varies between 2 and 5 years and is determined by the consulate in the home country. The visa status can be extended with no set limit. The overall time and effort for a visa extension is similar to the initial application. Upon every extension, the economic success of the business is evaluated among other requirements i.e. creation of jobs for Americans. There is no way to covert from E2 Visa status to permanent residency. Spouses will be allowed to work for the own company only.

L1

Intra Company Transferee Visa To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years. The US company may own the company in the treaty country or vice versa. The visa is issued for an initial period of three years and may be extended as long as the conditions remain unchanged. An adjustment of status from an L1 visa into permanent residency is possible after the initial three-year period of the L1 visa. The business in the home (treaty) country must remain active in business during the whole term and every extension of the L2 visa. Spouses can obtain an L2 Visa, which enables them to legally work in the US.

EB 5

Investor Visa, so called „Million Dollar Green Card“ This visa category is targeted at qualified foreign nationals seeking to obtain lawful permanent residency in the U.S. by investing in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time U.S. jobs per investor. Currently the program is administered by U.S. Citizenship & Immigration Services (USCIS). The required investment per EB-5 investor is $1.8 million, although that threshold is reduced to $900,000 if the investment occurs in a rural or high unemployment area, known as Targeted Employment Area (TEA).

As of November 21, 2019, the EB-5 Program went through its first major change The new regulations increased the minimum investment amount to $900,000 (originally $500,000) and now gives the USCIS the authority to determine TEA designations instead of the individual states.

The investment has to go directly into a qualifying business at risk, investment in real property does not qualify. After the removal of all conditions of the green card (normally after two years) the investment may be withdrawn, or the business can be sold with no adverse effects to the status of the green card.

FOR MOST US INVESTMENT CASES, THESES FOUR VISA CLASSIFICATIONS ARE MOST POPULAR:
E1

Treaty Trader Visa enables executives coming from treaty countries to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country.

E2

Treaty Investor Visa enables executives, develop and direct the operations of an enterprise in which you have invested a substantial amount of capital. While there is no precise definition of what is considered substantial, the minimum Investment should be at least US$100.000 in order to have a solid immigration case. The initial period for the visa varies between 2 and 5 years and is determined by the consulate in the home country. The visa status can be extended with no set limit. The overall time and effort for a visa extension is similar to the initial application. Upon every extension, the economic success of the business is evaluated among other requirements i.e. creation of jobs for Americans. There is no way to covert from E2 Visa status to permanent residency. Spouses will be allowed to work for the own company only.

L1

Intra Company Transferee Visa To work at a branch, parent, affiliate, or subsidiary of the current employer in a managerial or executive capacity, or in a position requiring specialized knowledge. Individual must have been employed by the same employer abroad continuously for 1 year within the three preceding years. The US company may own the company in the treaty country or vice versa. The visa is issued for an initial period of three years and may be extended as long as the conditions remain unchanged. An adjustment of status from an L1 visa into permanent residency is possible after the initial three-year period of the L1 visa. The business in the home (treaty) country must remain active in business during the whole term and every extension of the L2 visa. Spouses can obtain an L2 Visa, which enables them to legally work in the US.

EB 5

Investor Visa, so called „Million Dollar Green Card“ This visa category is targeted at qualified foreign nationals seeking to obtain lawful permanent residency in the U.S. by investing in a new commercial enterprise that will benefit the U.S. economy and create at least 10 full-time U.S. jobs per investor. Currently the program is administered by U.S. Citizenship & Immigration Services (USCIS). The required investment per EB-5 investor is $1.8 million, although that threshold is reduced to $900,000 if the investment occurs in a rural or high unemployment area, known as Targeted Employment Area (TEA).

As of November 21, 2019, the EB-5 Program went through its first major change The new regulations increased the minimum investment amount to $900,000 (originally $500,000) and now gives the USCIS the authority to determine TEA designations instead of the individual states.

The investment has to go directly into a qualifying business at risk, investment in real property does not qualify. After the removal of all conditions of the green card (normally after two years) the investment may be withdrawn, or the business can be sold with no adverse effects to the status of the green card.

TYPES OF VISA, ADVANTAGES AND DISADVANTAGES
VISA CLASS
ADVANTAGE
DISADVANTAGE
E1
  • No investment necessary
  • Application is made in the home country
  • Moderate fees
  • Validity limited to trade activity
  • No change of status into permanent residency
  • Generally, for short term purposes only
E2
  • Speedy processing
  • Hohe Anerkennungsrate
  • Moderate investment
  • Small effort to apply
  • Application is made in the home country
  • Small fee
  • Only valid for the qualifying business, filing for extension required every two years
  • No change of status into permanent residency
  • Only valid, as long as the US company is successful in business
  • Subject to US taxation from day One
  • Spouse may work only in the own business
L1
  • Speedy processing
  • No investment necessary
  • Easy extendable
  • Adjustment of status to permanent residency possible after initial visa period
  • Possible tax advantages, profits from double taxation agreement
  • L2 Visa with work permits for spouses
  • Business in home country has stay active
  • Extension is based upon economic success of US operations
EB 5
  • Green Card Status from day One
  • Investment may be reversible after removal of green card conditions
  • Possible naturalization (US citizenship)
  • Lengthy processing time
  • Higher investment
  • Minimum of 10 permanent jobs for US workers
TYPES OF VISA, ADVANTAGES AND DISADVANTAGES
VISA CLASS
E1
ADVANTAGE
  • No investment necessary
  • Application is made in the home country
  • Moderate fees
DISADVANTAGE
  • Validity limited to trade activity
  • No change of status into permanent residency
  • Generally, for short term purposes only
E2
ADVANTAGE
  • Speedy processing
  • Hohe Anerkennungsrate
  • Moderate investment
  • Small effort to apply
  • Application is made in the home country
  • Small fee
DISADVANTAGE
  • Only valid for the qualifying business, filing for extension required every two years
  • No change of status into permanent residency
  • Only valid, as long as the US company is successful in business
  • Subject to US taxation from day One
  • Spouse may work only in the own business
L1
ADVANTAGE
  • Speedy processing
  • No investment necessary
  • Easy extendable
  • Adjustment of status to permanent residency possible after initial visa period
  • Possible tax advantages, profits from double taxation agreement
  • L2 Visa with work permits for spouses
DISADVANTAGE
  • Business in home country has stay active
  • Extension is based upon economic success of US operations
EB 5
ADVANTAGE
  • Green Card Status from day One
  • Investment may be reversible after removal of green card conditions
  • Possible naturalization (US citizenship)
DISADVANTAGE
  • Lengthy processing time
  • Higher investment
  • Minimum of 10 permanent jobs for US workers
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