VISA INFORMATION

 

Visa Applications to the United States of America

Disclaimer: This information is not guaranteed by International Business Brokerage & Realty Inc. and we advise that any interested party seek legal consultation and rely on the opinions of his advisor. Visa information is subject to change with notification.

USA Immigration Information

L-1 Visa Immigration
If you are from the country of South Africa or Venezuela, you cannot immigrate under E-2 visa rules. However, you may immigrate under a similar business immigration program by obtaining an L-1 Visa.

Following are the benefits of L-1 visa:

L-1 visa also allows you to immigrate to the USA by purchasing a small US business or franchise L-1 visa is awarded for a period of up to 3 years, depending on the country you are from, and your business selection.

Immigrating under L-1 visa rules may permit you to apply for PERMANENT RESIDENCY in time.

To qualify for L-1 visa, you must meet the following requirements and take the following steps:

Own a business, or a portion of a business in your home country.

Purchase a business or franchise in the USA. You will be making the USA business a part of your home country business. (You may select any business in the USA. The two businesses DO NOT have to be related in nature.) You should have at least $100,000 to invest in a business.

You will be required to maintain your business in your home country and your business in the USA simultaneously during the term of your visa. Most immigrants will have someone to manage their interests in the home country business while running the US business and living in the USA.

You must have or acquire a B visa to enter the USA. This will allow you to meet with assigned legal assistance and search for a business to purchase.

You should choose a business in the USA, which has the capability of providing employment to US citizens.

Selecting the right business is critical. When your application is presented to the US Government for approval, both the immigration candidate, AND THE BUSINESS, must be approved. Failing to select the proper business and/or not structuring the purchase correctly will greatly complicate your case and reduce your chances of success.

There is no exact minimum; you must purchase a business that can show capability of supporting the financial needs of your family. The business should also show the promise of providing employment to US citizens.

Begin this process with at least, in most cases “significant funds” or $100,000 to invest in a business. Additionally, you must be able to pay legal expenses for E2 application approval, contract preparation, and accounting fee for the due diligence process, and the cost of moving you and your family to the USA. These costs can range from US $10,000 to US $20,000.

Financing of a Business: Many business sellers will provide "seller financing" when offering their business for sale. Under E2 visa rules, the lower the price of the business, the less financing you will be allowed. If you only have $100,000 to invest in a business, you will only be allowed a small percentage of owners financing (perhaps 20%). You may apply for other forms of standard financing if you have assets such as Real Estate for collateral.

B-1 Visa:  this visa allows the prospective purchaser to research into business opportunities, to set up a business, but does not allow him to work.

B-2 Visa:  This visa is issued to tourists.

H-1A Visa: This is a temporary work visa available to medical registered nurses.

H-2B Visa: This visa is designed for professionals (with a bachelor degree or the equivalent) where a job is offered related to the degree that is held for eligibility. this visa many be extended for up to six years.

E-1 Visa: This visa is to those who intend to conduct substantial import/export trade between their home country and the USA.

E-2 Visa: This visa is for business owners, managers, and employees who need to work in the USA and have approximately $100,000 or more to invest in an ongoing business, with a source of other income other than this USA business and whose intention is to manage the business. By purchasing a business or franchise in the USA, you may obtain E2 visa status and immigrate to the USA. E2 visa status gives you and your immediate family members the right to reside in the US, as long as you own an E2 qualified business. In most cases, the immigration process can be completed within 90 days!

E2 Treaty Investor Information and Guidelines:

• The E-2 Visa is available to passport holders of the countries listed above with which the United States has a Treaty of Trade and Commerce.
• The E-2 Visa is a non-immigrant visa allowing the beneficiary to invest in a going business, or in a start-up business. The investment must be “substantial.” Traditionally, “substantial” has been defined as $50,000-$100,000 US which must constitute at least 51% of the total investment which must constitute a majority of the business; shares of stock in a corporation, more than 50% of a partnership arrangement, or own the business outright as a sole proprietor. 
• The business may not be a passive investment such as raw land, condominiums and houses rented on a yearly basis, and others. 
• The E-2 recipient must be in a position to develop and direct the enterprise in the United States. 
• The applicants for the E-2 Visa will need to document the source of monies invested in the United States business, projected revenue of the investment, and the number of employees expected to be hired. 
• The beneficiary of the E-2 Visa, their spouse and minor children will all be permitted to enter the United States on an E-2 Visa. The spouse and children will not be granted permission to work, but children may legally attend school. 
• The E-2 Visa is issued for a up to a five year period, and is renewable in one to five year increments as long as the business perpetuates successfully. 
• One may apply for the E-2 Visa while in the process of starting a business prior to the hiring of employees, or the actual transaction of business. it is necessary to prove that a business venture is being started through bank accounts set up in the name of the business, various licenses obtained to operate the business, brochures and agreements between potential clients, or sources of inventory, leases.

L-1 Visa: This visa allows people from another country who are managers or executive or owners to be transferred to a USA company and to work in an executive/managerial position. 

The United States L1 visa is a non-immigrant visa which allows companies operating both in the US and abroad to transfer certain classes of employee from its foreign operations to the US operations for up to seven years. The employee must have worked for a subsidiary, parent, affiliate or branch office of your US company outside of the US for at least one year out of the last three years.

Companies operating in the US for at least one year, may apply to the relevant INS service center for an L1 visa to transfer someone to the US from their overseas operations. Employees in this category will, initially, be granted an L1 visa for up to three years.

 

There are two types of employee who may be sponsored for L1 visas:

a.     Managers/Executives

In particular, the executive or manager should have supervisory responsibility for professional staff and/or for a key function, department or subdivision of the employer. Such personnel are issued an L1A visa, initially for a three year period extendible in 2 year increments to a maximum of 7 years.

b.      Specialist Knowledge Staff

This category covers those with knowledge of the company's products/services, research, systems, proprietary techniques, management, or procedures. Staff in this category is issued an L1B visa, initially for three years extendible to a maximum of five years.

On completing the maximum allowable period in L1 status, the employee must be employed outside the United States for a minimum of one year before a new application is made for L status.

L-2 Visa: this visa is for permanent status, commonly known as the Green Card.

If you do not have a visa and wish to purchase a business, please contact our office for a list of attorneys who specialize in immigration law.