The term “Investment Immigration” refers to immigrant or non-immigrant visas which would be obtained through direct investment in the USA to benefit US economy. Following is a summary and description of few of these visas.
A U.S. L1 visa is a temporary visa where a foreign national who transfers to the United States to work in an executive position, managerial position, or some other specialized field for the sole purpose of employment. For this visa, the foreign national transfers from a foreign office to the United states where there is a business established under the umbrella of the foreign company or an affiliate of the foreign company.
If the foreign national being transferred under the L1 visa has a family, the family is allowed to immigrate with them under a different visa. This includes the foreign national’s spouse and children under the age of 21.
A nice thing about the L1 visa is that it is usable for foreign corporations of all sizes, not just the titans of the industry but the smaller businesses and even startups. Another nice thing about this visa is that it is available for foreign nationals of any country, as long as they meet the requirements associated with this visa. To know whether you may qualify for this visa, it is advisable to seek legal guidance from and experienced and competent U.S. immigration attorney.
Another benefit to the L1 visa is that although it is a temporary visa, the foreign national is allowed to apply for a green card and it should not cause any issues or complications with their current L1 visa.
Once the L1 visa is obtained, the foreign national must be aware that it is only a temporary visa and it has an expiration date. It is the responsibility of the foreign national to keep track of this date. It is also important to mention that depending from which country the foreign national is obtaining the visa, there are different expiration dates, some countries have expiration dates that expire sooner than others.
In some cases, it is possible for the foreign national to keep getting extensions on their visa, so they can stay in the United States longer. The maximum amount of time that the L1 visa allows the foreign national to stay is 7 years.
Obtaining the L1 visa requires the foreign national to show that once in the U.S., they will have managerial responsibilities, be in charge of overseeing the companies’ staff, or be in an important supervisory role.
The L1 visa also allows a foreign national to enter the United States so long as they posses a specialized skill or specialized knowledge of procedures, products, service systems, and a few other categories. The worker must prove that they have worked for the same employer for a minimum of a whole year in the foreign country before attempting to come to the United States using a L1 visa.
For this visa, it is the employer of the foreign national, i.e. someone in a position of power in the foreign company to petition on behalf of the worker. The worker must also have been employed for a minimum of one year with the company.
A perk of this visa is that there is no limit to the number of L1 visas that the government may issue. Furthermore, there is no specific educational degree that the foreign national worker has to possess.
Finally, the foreign worker does not have to spend all their time in the United States. The foreign national that holds a L1 visa is allowed to split their time between work in the United States and in another country. The must however, commit a majority of their time working in the United States for the company that employs them.
It is often a good idea to have a schedule so that the foreign national is better able to keep track of their time working in the United States, so that they can commit more time working in the United States company if necessary.
In order to be sure that you meet the requirements for an L-1 Visa and/ or to properly file a petition, it is advisable to seek legal guidance from an experienced immigration attorney.
EB5- Direct Investment
A similar visa to the L-1 visa is the EB5 visa. The difference here is that the foreign national must make an investment in into a business. Like any investment though, there is always a risk that the investor will lose all their money if the business fails. But a positive of this investment is that the investor must be actively engaged in the operations of the business, so they have a great control of the business.
E-2 Treaty Investors
Another similar visa to the L-1 visa is the E-2 Treaty Investor visa. The drawback to this visa is that the investor has to invest a very large amount of funds into a business. In this visa, the investor has less control of their investment. Also, the invested business is usually a business that is not doing too well and has to have a significant investment if it wishes to avoid bankruptcy. Finally, the investor must show that the business will do well enough, and generate enough funds for the investor to live off of for 5 years.
Investment is a great way to migrate to or capitalize your investment in the US. US has huge market and would create generous economic returns. And United States Citizenship Services (www.USCIS.gov) has implanted Visas that would support the investor’s coming and investment in the US.
In order to be sure that you meet the requirements for an immigrant Visa and/ or to properly file a petition, it is advisable to seek legal guidance from an experienced immigration attorney.
This is an immigration legal blog. It is not intended to be used as legal advise. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
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