IMMIGRATION

E Visas are based on treaties the United States maintains with other countries. E Visas are available for treaty traders and international investors for nationals or citizens of those treaty countries.

E1 – Treaty traders

Treaty traders are those who conduct substantial trade in goods, services and technology between the U.S and a foreign treaty country. The following criteria must be to qualify:

• Must be a national of a country with which the United States maintains a treaty
• Conduct substantial trade
• Conduct principal trade between the United States and the treaty country

What is trade?

Trade is the international exchange of items between the United States and the treaty country. Those items may include goods, services, insurance, transportation, tourism, technology, etc.

What is substantial trade?

It is the continuous flow of items. There is no minimum requirements to the monetary amount or volume of each transaction, greater focus is placed on number of transactions over time.

What is principal trade?

Over 50% of total amount of trade conducted must be between the United States and the treaty country.

Who qualifies as an employee of a treaty trader?

To qualify as an an employee of a treaty trader one must be the same nationality as the treaty trader, meet the definition of employee, must occupy a supervisory or executive position or have specials skills.

Please contact us at (407) 490-0696 or using the form on the right for a free initial consultation to discuss E1 visas.

E2 – Treaty Investor

The E-2 Visa program offers immigration privileges to investors who are citizens of countries maintaining commerce treaties with the United States. The E-2 Treaty Investor Visa applies to those making a sizable capital investment in a business located in the United States. A treaty investor must meet the following criteria to qualify for an E-2 Visa:

• Individual or company must be a national of a country with which the United States maintain a treaty.
• The individual or company has made or is in the process of making a substantial capital investment (see explanation below) in a bona fide business enterprise in the United States.
• The individual is either the principal investor who will direct and develop the enterprise, or an executive, supervisor, or employee whose services are essential to the efficient operation of the U.S. company.

Capital Investment consists of treaty investor placing capital, including funds or other assets, at risk in the commercial sense with the objective of generating a profit.  To qualify, the capital must be subject to loss if the investment fails. The treaty investor must show funds were not obtained from criminal activity.

Substantial investment is 1) substantial in relation to either purchasing an established enterprise or establishing a new one; 2) sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise; and 3) of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

It is also a requirement that investment is made in a bona fide enterprise.  A bona fide enterprise in one that is an active and operating commercial or entrepreneurial undertaking producing services or goods for profit.  The enterprise must meet applicable legal requirements for doing business within the its location. It is important to note the enterprise must be of an active nature, meaning that passive investments such as those in stock markets and real estate do not qualify.

E2-Visas permit a maximum initial two-year stay. Extensions of up to two years each may be granted if conditions have not changed and treaty with investor’s home country remains in force. E-2 Visa holders may seek non-immigrant dependent qualifications to spouses and children under twenty-one allowing children to attend school and spouses to seek a work permit.

Please contact us at (407) 490-0696 or using the form on the right for a consultation to discuss E2 visas.

U.S. immigration laws make visas available to immigrant investors seeking to enter the United States to engage in new commercial enterprises. It requires the commercial enterprises to benefit the U.S. economy through job creation and capital investment. To qualify as an immigrant investor, a foreign national must invest, without borrowing, the following minimum amounts in a qualifying commercial enterprise:

• $1,000,000 (U.S.); or
• $500,000 (U.S.) in a high-unemployment or rural area, considered a targeted employment area. A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

The investor must demonstrate the origin of the Capital Investment. Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur. The investor must demonstrate the origins of the capital by showing that it originated in a foreign country and from licit sources.

A qualifying investment must, within two years, create or preserve full-time jobs for at least ten U.S. citizens, lawful permanent residents, or other immigrants authorized to work in the United States. This number must not include the investor and the investor’s spouse and children

The jobs created or preserved may be direct or indirect jobs. Direct jobs are actual identifiable jobs for qualified employees, within the enterprise into which the EB-5 investor has directly invested capital. Indirect jobs are created collaterally or as a result of capital invested in a commercial enterprise. It is important to note that A foreign investor may only use the indirect job calculation if affiliated with a regional investment center. The jobs created or preserved must be full time. To be considered full time a qualifying employee must be employed by the new commercial enterprise in a position that requires a minimum of 35 working hours per week.

Investors visas are also available for those who invest in commercial enterprises associated with regional centers aimed at promoting economic growth. This is a viable alternative for those looking for a hands-off approach and little to no return on investment. The required investment in a Regional Center is $500,000 (U.S.).

The EB-5 investor and family are granted conditional permanent resident status for a period of two years. This conditional status is based on the investor meeting the requirements of the EB-5 Visa. After this two-year period the investor and family may apply to have conditions removed from their green card.

Please contact us at (407) 490-0696 or using the form on the right for a consultation to discuss EB5 visas.

Professionals seeking to work in the United states may apply for an H1B visa. The following are needed to qualify for a H1B:

• An employer in the U.S. must establish the need for a professional in a professional and the employer must be willing to sponsor a foreign national.
• Professional occupations are those requiring a particular knowledge such as engineers, doctors, teachers, accountants and business, architects and many other occupations.
• The professional must demonstrate he or she possess the qualifications necessary. Those qualifications can be fulfilled by degrees or equivalent experience.
• The employer must apply with the U.S. Department of Labor for a Certification. Once a certification is obtained from the Department of Labor the employer can file a petition with the U.S. immigration authorities.

The H1B visa is initially valid for 3 years but can be renewed for a maximum of 6 years. The employee is allowed to bring a spouse and children under 21 years of age.  can During this Period the employer may decide to petition a green card by going through a PERM process.

Please contact us at (407) 490-0696 or using the form on the right for a consultation to discuss H1B visas.

O Visas are available for those individuals considered to be of “extraordinary ability”. It is often used by athletes, artists and scientists who wish to work in their particular field in the U.S. The O visa is initially granted for a period of 3 years but may be extended indefinitely.

In order to qualify for a O visa one must show that he or she possesses extraordinary ability in the arts, sciences, education, business or athletics or who has a record of extraordinary achievement in the motion picture or television industry.

The applicant must show extensive evidence of at least 3 of the following:

• Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
• Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
• Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
• Original scientific, scholarly, or business-related contributions of major significance in the field
• Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
• A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
• Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation

Please contact us at (407) 490-0696 or using the form on the right for a consultation to discuss O visas.

P visas are available for athletes (including coaches), artist and entertainers who would like to perform in the U.S.

P1A visa is intended for those who seek to come to the U.S. to perform at an specific competition as an individual or member of team. The applicant must demonstrate skill and recognition above the ordinary.

P1B visa is intended for performers who members of an internationally recognized entertainment group.

P2 visa is intended for those who seek to perform as an artist or entertainer, individually or part of a group as part of a cultural exchange program between organizations in the U.S. and another country.

P3 visa is intended for those seeking to come to the U.S. to teach, coach or perform individually or as part of a culturally unique program.

Please contact us at (407) 490-0696 or using the form on the right for a consultation to discuss P visas.

R visas are intended for those religious workers seeking to come to the U.S. to work as a minister or other religious occupation. Religious workers must work at”

• A non-profit religious organization in the United States;
• A religious organization that is authorized by a group tax exemption holder to use its group tax exemption; or
• A non-profit religious organization which is affiliated with a religious denomination in the United States.

Please contact us at (407) 490-0696 or using the form on the right for a consultation to discuss R visas.