Qualified investors and their families may be eligible to enter the United States on this type of visa if they invest $500,000 to $1,000,000 in an existing or new business in the United States. On the basis of the business, investors may at a later time proceed with an application for permanent residence.
L1 – H1 B Questionnaire L1 Questionnaire
This type of visa allows an executive or manager to come to the U.S. to establish a new business. Those who serve as a manager of a business which is located outside U.S., and who have been transferred to a business in the U.S.A. as a manager or executive may qualify for a L-1 visa if the foreign and U.S. business are linked by 50% or more common ownership. Those who fall under this definition qualify for the L-1A visa for managerial transferees. The L-1A visa may be extended for a total of 7 years and is easily converted to a green card. The L-1A visa was designed to permit multinational corporations to assign managerial staff to foreign operations. Small business may also take advantage of the L1A. Green card through an L1 – After the U. S. company has been in business for at least one year, an immigrant visa may be requested (Multi-national Executive EB-1 Visa), if the company in the country where the petitioner is from is still in business. This type of visa is recommended for people who wish to obtain residency with their family in the future.
- A certified copy of your existing company’s annual report, records of stock ownership, certified audits, balance sheets, profit and loss statements, business income tax records, articles of incorporation in the U.S., By-laws and minutes of Board Meetings for the US entity.
- Similar papers as in 1 above for the foreign entity.
- A detailed statement regarding ownership and control; evidence to show the ownership and control of both the U.S. and the foreign entity and their relationship to one another.
- Copy of agreement, if any, between the foreign entity and the US Corporation.
- Applicable business licenses/permits/registration for US entity
- Promotional materials about the company, its products, services or key people or any other marketing materials;
- Copies of any awards, memberships or special achievements by the company or key personnel, if any
- Title deed, Lease/Deed; Mortgage or rent receipts for the business premises.
- Organizational chart of the U.S. and the foreign entity’s structure, describing managerial hierarchy and staffing levels; * indicate the current names of executive, manager(s), supervisor(s), the beneficiary’s position in the chart * indicate the names of other existing employees with each department or subdivision * clearly indicate all existing employees to be under the beneficiary’s supervision in the U.S. including names, titles, brief job duties, non immigrant status, etc.
- Sample invoices or contracts, indicating trade in goods or services, preferably orders transacted with various countries, average or largest orders;
- Submit evidence of beneficiary’s qualifications for this position, including resume, copies of certificates and evaluation of his / her qualification, work experience, especially related to the position being offered.
- purpose of transfer, the US position to be held by the transferee, the foreign position filled by the transferee, terms of employment.
- Copies of the payroll documents or any other documentary evidence of the foreign entity reflecting employment of the beneficiary for at least one continuous year in the three-year period preceding the filing of the petition in an executive or managerial capacity, and that the proposed employment involves executive or managerial capacity and that the proposed employment involves executive or managerial authority over the new operation, as well as salary;
- Tax returns of the Beneficiary showing his employment with the foreign entity.
- Evidence that the foreign company will remain in operation during the full period of the alien’s transfer, through evidence of the size and length of existence of the foreign company, and such other evidence as ongoing contracts for the provision of goods and services and provision for the management of the foreign operation while the alien is transferred.
- Photographs of the parent company business premises. Photos should include factory and work space, inside and outside of the office/building with the company emblems/signs displayed on the outside of the building, equipment, merchandise, products, etc. Provide address (es) and detailed directions for each facility.
- Photographs of the U.S. based business premises (inside and outside of the office/building), including posted signs of the business name on the outside of the building. Inside photos should show working areas, files, sample products, etc. and any employees
- Submit proof of business conducted at the location listed on the petition. Such evidence should include telephone bills, utility deposits and bills, rent receipts, etc.
- Copies of the following to show that the US Corporation has been actively and systematically conducting its regular course of business in international trading and other business activities:* copies of the latest corporate financial statements including Balance Sheets, Statements of Income and Expenses describing the petitioner’s past and current normal business operations * Copies of all U.S. Customs documents relating to the importation and/or exportation of goods * Copies of the petitioner’s Payroll Summary, W-2 and W-3 evidencing wages paid to employees * Copies of all corporate U.S. tax returns filed with the IRS * Submit a list of employees from the date of establishment to the present, including names, job titles, Social Security number, Non-immigrant Status (L-1, H1B, etc.), beginning date and ending date of employment, wages per week, etc.
- Show evidence of financial support by parent company, if any, i.e. money transfers from parent company, transfer of money for acquiring the stocks of the US corporation.
The E-2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must be renewed every two years, but there is no limit to how many times one can renew. The investment must be “substantial”. Investor visas are available only to treaty countries,which include countries like Albania and Senegal, but do not include Brazil, Russia, India and China. The dollar amount of the investment normally should exceed $200,000 depending on the type of business (new or existing), although cases have been made for smaller amounts. This is an approximated amount and applicants should consult an immigration lawyer prior to making any offers for existing business. The dollar amount should only be money spent on the business. Any expenses not directly spent on the actual business itself will not count toward the required amount. For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The $200,000 dollar amount would not be a substantial investment for a business such as the construction and management of a shopping center or office complex. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCIS will use an ‘Inverted Sliding Scale’ to determine whether the investment is substantial in proportion to the overall cost of the enterprise.
The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area” – high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family. Initially, under the first EB-5 program, the foreign investor was required to create an entirely new commercial enterprise; however, under the Pilot Program investments can be made directly in a job-generating commercial enterprise (new, or existing – “Troubled Business”), or into a “Regional Center” – a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs. Regional Centers may charge an administration fee for managing the investor’s investment. The Regional Center provision of the program was scheduled to end on September 30, 2012. At the end of September 2012, President Obama signed into law S. 3245 extending the EB-5 Regional Center Pilot Program for an additional three-year period. The program was reauthorized by the House of Representatives on September 13 in a vote of 412-3 and passed by the Senate in August 2012. If the foreign national investor’s petition is approved, the investor and their dependents will be granted conditional permanent residence valid for two years. Within the 90 day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period.