Investors

Investors

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RECENT NEW & REMANDS

where the Immigration Judge got it wrong on first ruling

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GENERAL INFORMATION

Investors can get status in the U.S. in one of several ways. The most obvious way is through a temporary investor visa. There is also a permanent immigrant visa for investors of over US$1M (in certain places US$500K) who can create 10 U.S. jobs or invest through a regional center. Below, we describe some of the traditional and non-traditional ways investors obtain visas to work in the U.S.

OUR OFFICE . Our offices has many investors come to the United States and manage their inestment, through various visa applications and not all on investor visas. Often, the investor is already here in the U.S. and we assist in changing status to a visa that will allow him/her to manage his/her investment.

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PERMANENT VISAS (TEMPORARY VISAS FOR IMMIGRANTS BELOW)

Investors Permanent Residence . An investor who invests US$1M or more in a U.S. company by which 10 or more U.S. jobs is created for U.S. workers. There are issues, several, many. Talk to legal counsel. The investor need not be from a specific country and need only invest US$500K if the employment creation is in an under-employed area of the U.S. Notably, the investor does not need to manage the company day to day and can be a minority owner.

Multinational Executives Permanent Residence . An investor who has acted as an executive in his/her own company abroad for one of the most recent three years can invest in the U.S. can apply to come to the U.S. to manage an ongoing company that is a subsidiary or affiliate (at least 50% shared ownership) of the foreign company. This option may be attractive to those from countries who do not have treaty status with the U.S. that allows investors from that country to get a visa.

Professional/Skilled Worker Permanent Residence . If both of the above alternatives are difficult, you may apply for a green card as a "professional" or "skilled worker." This requires that you have a job offer in the United States as a "profeessional" (college degree required for the job) or a "skilled worker" (two-year license required for the job). there is nothing related to a professional or skilled worker immigrant visa that would disallow investment in the U.S. Care needs to be taken so that the investment is not contingent on offering a green card or the government may conclude that you paid the employer to sponsor you in some sort of fraudulent arrangement. Hoever, if proper care is taken, an individual could invest in the United States and come as a permanent resident to work. This is a non-traditional visa for an investor. Consult an attorney. See more for professionals here and for skilled workers here.

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TEMPORARY VISAS

Investor Temporary Visa . Temporary visas for investors are reserved for people from countries with treaties with the U.S. allowing for investor visas into the U.S. If you are from a different country, look to use the multinational executive or professional visa for a similar result. Investors are required to invest capital sufficient to operate a U.S. company that will generate jobs. The applicant must be qualified to manage the investment; and the investment must be 'substantial'. Not available in China or Taiwan.

Multinational Temporary Visa . Those from countries without relevant treaties with the U.S. who would like to start a company in the U.S. may do so if they have worked as an exectuvie in a foreign company that will have (or has) at least 51% ownership of the U.S. company. This can be worked out for start-up U.S. companies or companies already oeprating in the U.S.

Professional Temporary Visa . Professionals with college degrees and a U.S. job offer in their field may be eligible for H1B visas. Professional may invest in the companies for which they work. Care must be taken to ensure that the investment is not contingent on provision of a visa or any other such arrangement that would violate immigration laws. Professional visas are accepted from April 1st each year for the following fiscal year (starting October 1st). The visas can 'run' on the first day available, so timing is critical to a successful application.

For more information, contact 619.865.3232