Getting Business Visas
When you travel to the US to do business you will need a visa of some sort depending on your circumstances. CrossBorderInvestmentLawyer.com is here to get you set up properly.
Concierge Business Immigration Services
Financial Freedom could be just one phone call away…
Confused about which business visa is right?
Do you dread coordinating the many different entities and people needed to satisfy the multitude of requirements related to your business or investment?
Let e-Council Global navigate through the complex processes on your behalf. With our concierge services we bring you the resources you need to get all of your investment and business immigration needs met.
Some Details about the Main Business Immigration Visas
L-1 Business Plans
Intra-company transfer of executive or manager to U.S. subsidiary or affiliate. Employee must have been employed for one continuous year within the three years immediately preceding his or her admission to the United States.
- U.S. employer to transfer from an affiliated foreign office to a U.S. office; OR
- Foreign company to transfer to the U.S. to establish an affiliated U.S. office.
E-1 Business Plans (Treaty Trader)
Investor is a national of a treaty country and engages in substantial principal trade, (over 50% of total volume of import/export), on his or her own behalf between the U.S. and home country. Certain employees of the investor may also be eligible.
E-2 Business Plans (Treaty Investor)
Investor is a national of a treaty country and makes a substantial investment in a new or existing U.S. business venture. Investor must develop and direct the enterprise with at least 50% ownership or possession of operational control through a managerial position. Certain employees of the investor may also be eligible.
EB-2 NIW National Interest Waiver
Foreign national possesses breadth of experience or exceptional ability that will benefit the national interested of the U.S., and therefore, warrants the Labor Certification to be waived.
- Advanced Degree: A Baccalaureate plus 5 years work experience
- Exceptional Ability: Sciences, Arts, or Business
H-1B Business Plans
Business plans facilitate approvals with tight quota.
Those who wish to perform services in a specialty occupation, services relating to Department of Defense (DOD) cooperative research and development, or a fashion model of distinguished merit or ability.
What is EB-5?
EB-5 Project Qualifications
- MINIMUM INVESTMENT OF $1MM OR $500K IN A TARGETED EMPLOYMENT AREA (TEA)
- INVESTMENT IN A NEW COMMERCIAL ENTERPRISE (NCE)* CREATED AFTER 1990 (REGIONAL CENTER “PASSIVE INVESTMENT” OPTION CREATED IN 1993)
- INVESTMENT MUST CREATE (OR PRESERVE) 10 QUALIFYING JOBS
*New Commercial Enterprise: A business entity being used for EB-5 purposes.
EB-5 Direct vs. Indirect (Regional Center)
INVESTMENT OPTIONS
Direct Investment
- INVESTMENT DIRECTLY INTO NCE
- DIRECT MANAGEMENT OF NCE BY INVESTOR
- JOBS DIRECTLY CREATED BY NCE OR A WHOLLY-OWNED SUBSIDIARY(IES)
Regional Center Investment
- NCE IS A POOLED INVESTMENT FUND THAT LENDS MONEY TO OR INVESTS IN A PROJECT COMPANY
- INVESTOR HAS LIMITED DUTIES AND POWER
- JOBS CREATED DIRECTLY OR INDIRECTLY BY PROJECT COMPANY
Comparing EB-5 Investment Options
DIRECT INVESTMENT (EG: FRANCHISE) | REGIONAL CENTER (INDIRECT) |
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EB-5 STRATEGIES
Customized EB-5 Strategies
Direct Investment, Regional Center or Regional Center Project
e-Council Global’s multi-disciplinary team approach incorporates a suite of complementary EB-5 services. We can walk you through the process offering services ranging from EB-5 Readiness Assessments to turnkey EB-5 Preparation Services, whether for Regional Centers, Regional Center projects, or Direct Investment cases.
What sets e-Council Global apart?
- A stellar track record of success and APPROVALS;
- The fact that we are an attorney-owned and operated services team that offers comprehensive and customized EB-5 services; and
- Client Service, Communication and Responsiveness that are Second to NONE. We KNOW what USCIS wants, and we KNOW how to DELIVER!
Why retain e-Council Global?
- Ensures all project components are delivered
- ON TIME
- ON BUDGET
- ON TARGET
- Keeps all service providers on track
- Oversees the process and confirms documentation consistency
Why choose e-Council Global?
- Turnkey EB-5 quarterback
- Expert navigator of all components of EB-5 process
- Cadillac-level service and work product
Who is on the e-Council Global team?
- Direct Team – Attorneys, Researchers, MBA’s, CPA’s
- Strategic Partners – Economists, Attorneys, Administrators, Appraisers, Broker-Dealers, Agents
What does e-Council Global do?
- Project Assessments
- Capital Stack analysis
- Works to ensure EB-5 project success
- Oversees all project components including Matter of Ho-compliant business plans, legal documentation filing & fundraising
AND, e-Council Global‘s best-in-class, comprehensive, credible EB-5 Business Plans comply with Matter of Ho which requires the following elements be included:
- Description of the Business
- Business Structure
- Marketing Plan with target market analysis
- Competitive analysis
- Personnel Experience
- Required Licenses and Permits
- Staffing Timetable for Hiring
- Job Descriptions
- Budget and Financial Projections including Sources and Uses of Funds
Our EB-5 services cover:
1. Regional Center applications including a hypothetical, actual or exemplar project
2. Regional Center Projects
3. Direct Investment Cases
e-Council Global’s specialized EB-5 Business Plan services include:
1. Transitional Business Plan – for those seeking to revise their existing Business Plans to comply with EB-5 requirements.
2. Fundamentals BP – all the basic EB-5 Business Plan requirements needed for approval without the bells and whistles.
3. GAP Analysis – comprehensive analysis and report outlining gaps that need to be addressed for existing Business Plans to satisfy EB-5 requirements.
Ancillary EB-5 services offered:
- EB-5 Readiness Assessments (Due Diligence) (Project Developers seeking EB-5 Capital – is your project ready for EB-5? Investors – What is your best path to EB-5?)
- Market Feasibility Studies (a study providing an objective, unbiased evaluation and analysis of the project including industry data and industry trends, strengths and weaknesses, some financial analysis, operational and economic factors).
- Economic Impact Reports (prepared by qualified Economists using USCIS-approved input/output models to “count” jobs)
- Pro Forma Financial Projections (prepared by qualified CPA experienced with EB-5; includes sources & uses data)
EB-5 Approval Requirements:
1. Investment of capital:
A. $1MM minimum = metro area OR $500K minimum IF IN A rural area or TEA Targeted Employment Area = area experiencing unemployment of >150% of the national average.
B. Investment must be tangible,
C. Irrevocably committed & at risk,
D. For a minimum of 2 years,
E. From a lawful source,
2. The investment must be in a new, for-profit, commercial or troubled entity
Troubled Entity: in existence at least 2 years and experiencing at least a 20% net loss during the 12 or 24 month period prior.
3. The investment must create or preserve 10+ full-time direct or indirect jobs (indirect jobs are only applicable in a Regional Center context) within 2 years of the investor’s admission to the U.S. – Preserved jobs are only valid in circumstances of a troubled entity.
e-Council Global has worked with clients on numerous EB-5 cases ranging from setting up Regional Centers to preparing Regional Center projects to developing EB-5 direct investment cases. Well over 100 companies have relied on e-Council Global to demystify the complex EB-5 process and prepare their projects for USCIS, and even to oversee the complicated fundraising process.
References available upon request.
At all stages, producing high-quality work product and being responsive to all parties in the mix while ensuring client satisfaction are e-Council Global's top priorities.
Answers to your visa and business planning questions
The reasons for obtaining a visa are numerous, and the answer will depend on whether or not you wish to move to the US. If you do not wish to move to the US, you may still NEED a visa in order to operate your US business and/or to be employed by it. Obtaining a visa will make traversing across borders to hold events/attend meetings/purchase real estate that much easier and seamless. It will also allow the visa beneficiary to obtain a social security number (SSN) in the US, which is an important element to ease the transacting of business on many levels in the US. Having an SSN will also allow you to qualify for a variety of financing options that would not be available to you without same, and will allow you to apply for certain other benefits and meet certain common criteria reserved for those with an SSN. Additionally, you will be able to build US credit, which is directly connected to your SSN such that without an SSN building US credit is virtually impossible.
If you are running a business in the US and are actively involved in its operations, or if you receive remuneration from the business such as a salary or retainer, or if you wish to qualify for US financing without the additional complications attached to foreign national investing and qualification, or if you are regularly traversing to-and-from the US and your home country for business purposes, then a visa becomes necessary.
I would recommend referencing my book, Finding Your Silver Lining in the Business Immigration Process, to learn about the visa options – here is the link:
The main business visas are the EB-5, the E-2, the E-1 and the L-1A, although the latter has lost favor in recent years and during the Trump administration! WHY DON’T WE POST THE VISA TABLES HERE? ATTACHING THEM
Other visas include EB1, EB2, H1B and many others. Please set up a consult to discussIt is important to understand that you may need (or want) a visa for ease of travel and running your US business, whether you ever plan to move to the U.S. or not! We work with many clients whose US business is substantial, but they do not plan to move away from their home country for a variety of personal and business reasons, yet can enjoy the benefits of having a visa stamped into their passport which accomplishes the goals above while allowing the holder the freedom to decide if (s)he wishes to move to the US at some point during the term of the visa!
- Harmonized approach which avoids problems that arise from having a variety of different providers that are not overseen or coordinated
- One-stop shop with single point-of-contact
- Accountability & Responsiveness
- Results-oriented with proven track record
- Not having to search for professionals as we have a vetted network of which our team is comprised
Learn TEN TIPS TO SUCCESSFULLY EXPAND YOUR BUSINESS &
INCREASE YOUR PROFITS INTERNATIONALLY
from International Legal Expert and
Cross-Border Specialist, Lauren A. Cohen!
Disclaimer
e-Council Global's website, newsletter and other forms of communication contain general information about legal matters. The information is not legal advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.