This Is Israel. Democracy. Elections. Start-up Nation. High-Tech. Technology. Best-in-class Innovation. Global acclaim. Largest volume of startups outside of Silicon Valley. And now – E-2 Visa success!

There is no denying that Israel truly is STARTUP NATION (and many also call Israel the ScaleUP Nation!). It’s about time that the U.S. recognizes the importance of attracting – and welcoming – Israeli Innovation into our borders. Obama approved the E-2 Visa in 2012 and the Israeli Knesset approved it in 2014, over 2 years after the U.S. approved the legislation.  However, it has basically been sitting in political cyberspace since that timeHere it is 2019 and not a single Israeli E-2 Visa has yet been processed. But that’s about to change.

As we noted previously, Israel clearly needed time to iron out some details of the legislation and how it would be implemented, particularly because Israeli immigration law did not have a visa category that parallels the U.S.’s E-2 visa (which it has since created – the Israeli B5 visa). There are additional politically-driven concerns on the Israeli side which temper the resistance.  Notwithstanding the reason for Israel’s turnaround, ratifying the U.S.-Israel bilateral E-2 visa will no doubt encourage economic growth in both countries and strengthen their political relations.

The E-2 visa allows a national of a treaty country (a country with which the U.S. maintains a Treaty of Commerce and Navigation) to be admitted to the U.S. when investing a “substantial” amount of capital in a U.S. business.[3]  However, E-2 petitioners face a variety of limitations that can impede the business owner’s ability to make it successful over the long-term. For example, because it is a non-immigrant visa, the E-2 visa must be renewed at least every five years (depending on the term granted, which is somewhat subjective), although it does have an unlimited number of renewals (provided that the visa holder continues to satisfy the requirements). There is a possibility that the E-2 visa could be discontinued at any time, or not renewed, especially if the business does not succeed.[4]

The time is NOW. The opportunities offered by the announcement that Israeli E-2’s would finally start being processed on May 1st, 2019 are unprecedented. And the e-Council Inc. team of experts are ready to make it happen! Indeed, we have been waitingfor this!! Clearly, it has been many years in the making. Israel was recognized as an independent nation in 1948. That was over 70 years ago! Ties between Israel and the U.S. continue to be the strongest in the world, which has only been further augmented since Trump became President.

From the U.S. perspective, there really is no downside to Israel securing the E-2 Visa. It brings capital – and especially with respect to Israelis – Innovation to the U.S. soil. Unfortunately, pundits try to paint a negative picture of this amazing opportunity that not only enhances investment in the U.S., improve the U.S. economy, create jobs, and helped encourage proper management of the U.S. business so that the Visa is renewed (since the E2 visa is temporary in nature and extends for a maximum of 5 years after which it must be renewed).

In e-Council Inc.’s expert opinion, there’s just no way to justifiably paint a negative picture of this although pundits and naysayers certainly try to say it’s only for the rich, and it’s not fair to allow people to “buy their way in” to the U.S. Instead, from our perspective, the E-2 is the greatest and most coveted Visa as recognized in Lauren Cohen’s #1 Bestselling book Finding Your Silver Lining in the Business Immigration Process.

LET’S DO THIS!!

Contact e-Council Inc. – info@ecouncilinc.com or 1-866-724-0085 – to find out more about how you can pursue the American Dream and secure an E-2 visa – and please try our free quiz to find out more at www.globalbizquiz.com

The post Imagine That! The E-2 is FINALLY Available to Israelis! appeared first on E-Council Global.

Many of our clients come to us with the desire to immigrate to the U.S. and start their own business, but are often unsure of which direction to take or how to turn their dream into a reality. For those seeking to invest in a U.S. business, our first question is: have you considered a franchise?

When most people think of a franchise, they envision fast food restaurants, but there are a plethora of franchises available throughout a variety of industries, such as: beauty, education, health and fitness, entertainment, and more. Even the automobile industry has franchises available for purchase. Franchises offer a unique investment opportunity for foreign nationals that allows them to acquire a ready-made, turnkey business, but operate it as their own. Best of all, most franchise opportunities meet the requirements for immigrant investor visas such as EB-5, E-2, and to a limited extent, L-1 (http://ecouncilinc.com/immigration-options-foreign-investors-side-side-comparison-e-2-eb-5/).

Immigration firms, such as ours, may recommend franchises to incoming foreign national investors because they simplify the process of setting up and starting a business in the U.S. Essentially, a franchise is a wildly successful business concept that has been transformed into a brand which, for a fee, shares its concept with outside individuals. Franchisors (the brand) allows franchisees (the small business owner) to make a hands-on investment in tried-and-true business model. They offer support and guidance that an independent business owner would not receive anywhere else. In addition to the training and resources that franchisors provide, franchisors have proven systems and marketing tools already in place to help facilitate the success of their franchisees.[1]

As noted above, an additional benefit of a franchise is  their unique suitability for  immigrant investor visas. When reviewing business visa applications, USCIS tends to ask whether the investment was substantial enough to benefit the U.S. economy and whether the business is likely to succeed? By investing in a franchise, foreign nationals can not only meet the minimum requirements for business investor visas, such as investment amount and job creation, but they also have the weight of an already-proven successful business behind them.

While franchise opportunities can help simplify the application process for immigrant investors, it is still important to use the right team of professionals when working with the U.S. government. e-Council Inc.’s team of experts are equipped with the knowledge and expertise to help get a franchisor ready to seek foreign investors, as well as work with investors seeking the right franchise to invest in.

To find out about professional, credible and comprehensive concierge business immigration services, as well as a variety of ancillary services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc. at info@ecouncilinc.com.

e-Council Inc.com’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.

[1] https://www.entrepreneur.com/article/242848

The post Franchises & Investor Visas: Paving the Way for the American Dream appeared first on E-Council Global.

Certain immigrant visas, such as the EB-5 visa, are more costly, complicated, subject to yearly quotas, and have an application process that takes significantly longer than that of nonimmigrant work visas. As a result, many immigrant entrepreneurs opt to apply for an E-2 visa first to get their businesses up and running. Once their business is fully operational and ripe for expansion, they can make an additional investment and apply for an EB-5 visa (for more info on the difference between and E-2 and EB-5 visa, click here http://ecouncilinc.com/immigration-options-foreign-investors-side-side-comparison-e-2-eb-5/).

A large part of what makes the E-2 visa so appealing to foreign investors is the flexible investment requirement. USCIS[1] does not specify a minimum or maximum investment amount, only that it be “substantial.” USCIS defines a substantial investment as:

“Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one; sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise; of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.  The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.”[2]

As of 2006, USCIS requires an applicant’s petition for an E-2 visa to include a comprehensive business plan.[3] The regulations’ vague language in defining a substantial investment make inclusion of  a detailed financial component in the business plan crucial to an application’s success (for more about creating a robust E-2 business plan click here http://ecouncilinc.com/strong-business-plan-can-make-break-e-2-case/).

While there is no set amount required for an E-2 visa investment, in order to show the investment is substantial, the applicant must provide evidence that they have (or intend to) put their personal funds at risk, as well as demonstrate that the funds will be used for the sole purpose of developing the enterprise. Generally,  for the best chance of obtaining an E-2 visa, experts advise making a minimum investment of approximately $100,000 -150,000, however, the precise recommended figure varies on a case-by-case basis and is dependent on various factors, such as the specific type of business. An applicant could technically propose an investment lower than $100,000 for an E-2 visa, but the lower the investment, the more difficult it is to prove its substantial, and the more likely the investor’s E-2 petition might be rejected.[4]

In addition to proving that the investment is substantial, USCIS also requires that the petitioner demonstrate the capital’s legitimate source (evidence that the funds were obtained by legal means), the capital’s destination (proof that the investment is, or will be, used solely for the purpose of establishing the enterprise); and that the “business is not marginal” (verification that the business will have a greater economic contribution than just as financial support for the investor and his/her family).[5] In order to substantiate USCIS’s financial requirements for an E-2 visa, it is essential to appropriately incorporate the source(s) and use(s) of funds, as well as compelling financial projections into the business plan.

USCIS is looking for more than just a standard business plan – they need convincing evidence that not only does the applicant qualify for an E-2 visa, but that the enterprise itself will have a significant and positive economic impact on the U.S. economy, as well. In order to avoid the headache of receiving an RFE (Request for Evidence) after submitting an E-2 petition, petitioners would be wise to hire a team of experts experienced in writing successful E-2 business plans.

To find out about professional, credible and comprehensive concierge business immigration services, as well as a variety of ancillary services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc. at info@ecouncilinc.com.

e-Council Inc.com’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.

[2] https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

[3] https://www.immigrationbusinessplan.com/e2-visa-business-plan-sample.html

[4] http://www.investorvisausa.com/how_much.html

[5] https://www.uscis.gov/eir/visa-guide/e-2-treaty-investor/understanding-e-2-requirements

The post The Importance of Including a Detailed Financial Component in an E-2 Visa Business Plan appeared first on E-Council Global.

E-1 and E-2

While most of the investment and employment immigration options are not specific to any one country, the E visa category is an exception. The E-1 and E-2 visas are the products of trade agreements and treaties between the United States and other countries.[2] They provide a unique way to live, invest and work in the United States that is not available to nationals of non-treaty countries.

E visas are nonimmigrant visas, meaning that they don’t lead directly to permanent resident status. However, by virtue of their unlimited renewability, they can help lay the groundwork for a successful immigrant visa application in the future. Since the treaties and trade agreements that the U.S. has made with individual countries are unique to each country, a national of one country may have only one or the other visa option available.

Fortunately, the United States has longstanding investment and trade agreements in place with Italy, France, the United Kingdom and Spain that encourage investors and entrepreneurs to start businesses in the U.S. In fact, investment and trade treaties that the U.S. has signed with Spain date back to 1903. In 1949, Italy and the U.S. made trade treaties designed to foster cooperation and investment in both countries to help Italy recover from World War II and bring Italian design and ingenuity to America—and vice versa. With one of our closest allies among these four countries, Great Britain, we have the oldest trade agreement, which was enacted in 1815.

The goal of fostering trade, investment and cooperation among treaty countries remains the stalwart rational for the E Visa category. An E visa can be based on either trade (E-1) or investment (E-2) in a business in the United States. Nationals of Italy, Spain, France and the U.K. have both the E-1 and E-2 visa options available to them. [3]

As noted, not every country has access to both E options and some countries have no treaty in place with the U.S. government at all. The fact that both categories are available to nationals of Italy, Spain, France and the U.K. makes investment and trade easier to accomplish and permanent residency within closer reach.

The E-2 is a more commonly used visa category than the E-1 and one of the fastest ways to enter the U.S. and start a business. Although it will not lead directly to a green card, it allows the investor to stay in the U.S. for the life of the E-2 business, because it is renewable indefinitely. In addition, spouses can work and minor (under 21) children can attend school. Finally, under this visa category, the business investor is also an employee and manager.

Unlike the EB-5 visa category, discussed below, there is no set amount of money that must be invested. The investment amount will vary by what is standard for the type of business and industry in the specific location. For example, investing $75,000 – $200,000 in a restaurant franchise may be sufficient to qualify for an E-2 visa. As the business investment grows, the possibility of applying for permanent residency becomes within reach through the EB-5 visa process.  For a detailed discussion comparing the E-2 and EB-5 visas, as well as using the E-2 as a springboard to transition to an EB-5, see, http://ecouncilinc.com/immigration-options-foreign-investors-side-side-comparison-e-2-eb-5/.

EB-5

The EB-5 Visa category offers two investment options through which a foreign national can obtain permanent residency and, eventually, citizenship in the US. One is the Regional Center Investment option and the other is the Direct Investment option. The main differences between the two options are the degree of involvement in the business and the effect of the investment on jobs for U.S. workers.

As of the date of posting, both options require a minimum investment of $1,000,000, unless the investment property is located in a Targeted Employment Area (TEA), in which case the minimum investment drops to $500,000 (see http://ecouncilinc.com/eb-5-minimum-investment-amounts/ for further discussion). A Targeted Employment Area is defined as either an urban area with an unemployment rate of 150% of the national average or higher, or a rural area.[4] Only the location of the investment, that is, whether the subject investment is within a TEA or not, determines the minimum investment threshold.[5]

EB-5 Regional Center Investment

• Requires a minimum investment of $1,000,000/$500,000 depending on location, into a fund that invests in, or loans funds to, qualifying projects
• Allows only a passive investment strategy because investment is managed by another company
• Creates ten new jobs for US workers directly or indirectly

EB-5 Direct Investment

• Requires a minimum investment of $1,000,000/$500,000 depending on location;
• Allows direct involvement in managing the investment
• Creates ten jobs for US workers directly or through subsidiary companies

L-1

The L-1 visa category allows an employee to apply for a nonimmigrant transferee visa if the E.U. company is affiliated with a company in the U.S. and the employee is being transferred to the U.S. location. However, the employee must be a manager, executive or an employee with specialized knowledge who has worked already for the E.U. company for one of the last three years and the job in the U.S. will be in a managerial, executive or specialized knowledge position.

This is an extremely viable path to obtaining an employment visafor E.U. nationals who work for E.U.-based companies with affiliated branches or divisions in the U.S. Hundreds of companies from Italy, France the UK and Spain, have branch offices in the United States and regularly transfer managers, executives and specialized knowledge employees under this visa category.

Managers and executives who enter the U.S. on an L-1 visa are, in most cases, eligible to apply for permanent residency under the EB-1-3 category, discussed below.

EB-1  

There are three paths to permanent resident status under the EB-1 visa category: Persons of extraordinary ability in the arts, sciences, education, business or athletics; outstanding professors and researchers; and, multinational executives and managers.

Someone who has “extraordinary ability” in business, the arts, science or education will not need to rely on any employment or investment to obtain a green card. An individual at the very top of his or her field is allowed to self-petition for a green card. The USCIS requirements to prove “extraordinary ability” are quite particular and stringent. While the law does provide for a variety of ways to prove eligibility for an EB-1-1 visa, the options are nevertheless strict.[6]

Nationals from Italy, Spain, the U.K. and France who qualify for this visa category, the EB-1-1, can file their own petitions to sponsor themselves. Anyone with such extraordinary qualifications should explore whether his or her credentials meet the criteria for this visa. While very few people meet the eligibility criteria for this visa category, those who do are rewarded with a green card for their nationally or internationally recognized professional accomplishments. Outstanding professors and researchers must meet similar high evidentiary standards and be seeking entry into the U.S. to continue in the same academic field with a university or conduct research at a university or with a private employer. They are eligible under the second option, EB-1-2.

Multinational executives and managers who previously entered in L-1 status to work for a U.S. affiliated company are generally eligible to apply for a green card under the EB-1-3 category. There are separate, specific evidentiary requirements for managers and for executives. However, both must be functioning at a high level within the organization with a large degree of discretion over management decisions and staff. Working with immigration counsel will help make the L-1 to EB-1 application process go smoothly.

Given the long history of friendship, trade and investment between the United States and France, Italy, Spain and the U.K., nationals of these countries have founded successful and growing businesses for generations. These entrepreneurs, investors and foreign nationals with extraordinary ability are always welcome in the United States.

To inquire about our wide range of immigrant and non-immigrant visa concierge services, please contact us by email at info@ecouncilinc.com, or toll-free at 1-866-724-0085.

e-Council Inc.’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 an attorney or other professional legal services provider. For specific questions about any legal matter please consult with an attorney or other professional services provider.

[1] https://www.selectusa.gov/welcome. “With an annual GDP of $18 trillion and population of over 325 million, the United States is the world’s most attractive consumer market, offering unmatched diversity, a thriving culture of innovation, and the most productive workforce.”

[2] https://travel.state.gov/content/visas/en/fees/treaty.html

[3] The E-1 is based on friendship, commerce and navigation to carry on substantial international trade between the U.S. and the national of the treaty country.

The E-2 is based on a Bilateral Investment Treaty to develop and direct the business operations of a bona fide current investment or one in which the investor is actively seeking to invest substantial capital.

[4] https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-eb-5-visa-classification

[5] It is a common misunderstanding that investing in a Regional Center project versus making a Direct Investment determines the amount of the investment. This article discusses that the location of the investment is the only determinant of the minimum investment amount. http://ecouncilinc.com/eb-5-minimum-investment-amounts/#_ftnref1

[6] https://www.uscis.gov/green-card/green-card-through-job/green-card-through-self-petition

The post Best Business Immigration Options for Citizens of European Nations Focus: Italy, France, UK and Spain appeared first on E-Council Global.

Since the beginning of his tenure, President Obama has advocated for a special visa that would enable foreign entrepreneurs to create businesses in the United States. However, with Congressional gridlock over immigration, such a startup visa has yet to materialize.

After several failed attempts to pass legislation that would create such a visa, the Administration has pursued their vision in a roundabout way in the form of a ruling issued by the Department of Homeland Security (DHS). The ruling follows on an Executive Action, issued on November 20, 2014, in which the President ordered federal officials to find a way to “make it easier and faster for…entrepreneurs to stay and contribute to our economy.”

The aptly titled “International Entrepreneur Rule” does not require congressional authorization and takes advantage of loopholes in the Immigration and Nationality Act that permit the government to grant foreigners temporary entry into the U.S. for “significant public benefit.”[3] The Rule will go into effect following a 45-day comment period in which the public is invited to share their views on the proposal.

To qualify for temporary entry (or “parole”) of an initial two years under said Rule, an applicant must demonstrate that they

1. have at least a 15% ownership stake in a startup;
2. play an “central and active role” in the operations of said entity, “such that his or her knowledge, skills, or experience will substantially assist the entity with the growth and success of its business”; and
3. have raised either $345,000 from private investors OR $100,000 from Federal, state, or local government entities.

Successful applicants can then extend their stay for an additional 3 years (for a maximum of 5 years) “if they can demonstrate that their entities have shown signs of significant growth” since the initial application and that the business continues “to have substantial potential for rapid growth and job creation.” To satisfy these criteria for extension, founders must

1. continue running their businesses in the US;
2. retain at least a 10% ownership stake in said entity; and
3. demonstrate the startup’s “continued potential for rapid growth and job creation” by doing one of the following: raise an additional $500,000 from US investors, generate $500,000 in annual revenue with an average annualized revenue growth rate of 20%, or prove they’ve created at least 10 full-time jobs over those five years.[4]

Although there is no specific cap to the number of entrepreneurs admitted, the U.S. Citizenship and Immigration Services (USCIS) estimates that about 2,100 founders a year will qualify.[5]

In the 155-page proposal DHS outlines the benefits of putting in place a specific process by which foreign entrepreneurs can create and develop start-up entities with high growth potential in the United States. Such businesses are expected “to facilitate research and development in the country, create jobs for U.S. workers, and otherwise benefit the U.S. economy through increased business activity, innovation and dynamism.” An additional benefit to the proposed Rule is that it should “provide a transparent framework by which DHS will exercise its discretion to adjudicate such requests on a case-by-case basis.” ^[6]

The Ruling is being seen as an intermediate step on the road to comprehensive immigration reform, and the most that the President can accomplish on the issue, given the lack of Congressional support. While lauded by Silicon Valley and Venture Capitalists, the Rule will not resolve certain ongoing challenges facing foreign entrepreneurs.

One such problem, frequently noted by Silicon Valley firms as an impediment to growth, are caps on highly skilled engineers, which are typically in the United States on H-1B visas. Furthermore, many entrepreneurs may not qualify for temporary entry under this rule. For example, numerous startups are able to grow without taking on additional investment money. Additionally, many can operate successfully with just a few employees.[7]

If you are a foreign entrepreneur or investor looking to come the United States, you can count on e-Council Inc. to provide experienced professionals to assist you in fulfilling your American Dream. Our skilled professionals can walk you through the proposed ruling and other visa options to help identify the best path for you based on your needs and goals. Once we select the best visa option for you, e-Council will provide the full spectrum of services needed to develop a complete application that will be submitted to USCIS.

To inquire about our immigration concierge and quarterbacking services or to choose from a wide range of complementary visa offerings, please contact us at info@ecouncilinc.com or 1-866-724-0085.

e-Council Inc.’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 an attorney or other professional legal services provider. For specific questions about any legal matter please consult with an attorney or other professional services provider.

[1] http://www.nytimes.com/2016/08/27/business/entrepreneur-immigration.html?_r=0

[2] http://www.wired.com/2016/08/white-house-proposes-new-immigration-rule-entrepreneurs/

[3] http://www.wired.com/2016/08/white-house-proposes-new-immigration-rule-entrepreneurs/

[4] https://www.uscis.gov/sites/default/files/USCIS/Laws/Articles/FR_2016-20663_793250_OFR.pdf

[5] http://www.nytimes.com/2016/08/27/business/entrepreneur-immigration.html?_r=0

[6] https://www.uscis.gov/sites/default/files/USCIS/Laws/Articles/FR_2016-20663_793250_OFR.pdf

[7] http://fortune.com/2016/08/29/obama-immigrant-entrepreneurs/

The post Breaking News: Whitehouse Proposes New Ruling for Immigrant Entrepreneurs appeared first on E-Council Global.

The different types of business visas and plans serve different purposes – that much is obvious. But what are those purposes and in which situations are they applicable? Here are a few facts to help you understand the basics of business visas.

L-1 Visas (Intra-company Transfer, non-immigrant)

An L-1 visa is a non-immigrant visa which allows companies operating in both the U.S. and abroad to temporarily transfer certain classes of employees (managerial, executive or specialized knowledge) to the U.S. to continue employment with the same company or an affiliated company. This is essentially an intra-company transfer. An L-1 visa is particularly helpful when working with non-Treaty Countries, as that is not a requirement.

Additionally:

• Certain common ownership criteria must be met (ownership of the U.S. and foreign entities must be substantially similar)
• The employee must have been employed for one continuous year within the immediately preceding three years
• The visa is initially issued to the beneficiary for a period of one year for “New Office” or start-up businesses, and for three years for businesses already operational for at least one year
• Visas are renewable in 2-year increments for a maximum of up to seven years

One significant advantage to an L-1 visa is that it can serve as a path to a Green Card if certain conditions are met!

E-2 Business Plans (Treaty Investor, non-immigrant)

This non-immigrant option is for foreign investors interested in buying an existing U.S. business or in starting a new one, but not necessarily interested in a Green Card. It also differs from the L-1 visa in that the foreign investor must be a national of a Treaty Country (a country that has a current Treaty of Commerce and Navigation or Bilateral Investment with the U.S.).

• The investor must develop and direct the business enterprise with at least 50% ownership or possession of operational control through a managerial position
• Certain employees of the investor may also be eligible
• This visa can be renewed roughly once every five years or so (depending on visa reciprocity), for an unlimited number of times, with the stipulation that the holder continues to satisfy the visa requirement

One disadvantage of an E-2 is that it cannot serve as a direct path to a Green Card!

EB-5 (Immigrant Investor Option)

This program sets immigrant investors on an immediate and direct path to permanent residency via one of two options:

1. A direct investment (minimum of $1 million in any area or $500,000 in a Targeted Employment Area or TEA) in a new or existing business, including franchise opportunities, in any U.S. state or territory.

• The investor must meet the investment requirements AND
• The new business must create at least 10 new jobs

OR

2. Investment into a Regional Center development project anywhere in the U.S. ($500,000 or $1 million, depending on whether or not the project area is in a TEA).

A Comprehensive Business Plan is mandatory regardless of whether the investment is direct or through a Regional Center. The Business Plan must be “credible” and should include:

• Business Description
• Business Structure
• Marketing Plan
• Personnel Experience
• Competitive Analysis
• Required Licenses & Permits
• Staffing Timetable for Hiring
• Job Descriptions
• Budget & Financial Projections

Keeping in mind the above is just a brief overview, the fact that this process is so intimidating to laypeople is not surprising at all. Our team of experts, however, knows every aspect inside and out. Walking hopeful immigrants and foreign investors through these processes from beginning to end is our sweet spot! Don’t let the unknown keep you from your dream. Send us an email and let’s get started – WE’VE GOT THIS! Email us at info@ecouncilinc.com

e-Council Inc.’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 an attorney or other professional legal services provider. For specific questions about any legal matter please consult with an attorney or other professional services provider.

The post Business Visa Basics appeared first on E-Council Global.

One option available for investing in the U.S. is the E-2 visa, which allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business (however, the definition of “substantial” remains subject to interpretation). Additionally, the E-2 visa offers several advantages that are appealing to investors such as: business ownership, visa duration, short processing times, permission to work in U.S., inclusion of family (spouse and children) and key employees, ownership of real estate, and permission for dependents to attend school in the U.S. [1]

The bilateral treaties between the U.S. and Latin American countries are the beginning of the path for Latin American investors toward achieving the American Dream. Countries such as Argentina, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Honduras, Mexico, Panama and Paraguay, maintain bilateral treaties with the U.S., which allows investors from these countries to qualify for E-2 visas. On the other hand, citizens of some Latin American countries such as Venezuela, Uruguay and Brazil are specifically excluded from the possibility of obtaining an E-2 visa, unless they hold passports from other countries that do have bilateral treaties with the U.S. For example, the mix of cultures in South America from different European countries has allowed many citizens from Brazil, Uruguay and Venezuela to hold dual citizenship. So, although being from a country that holds a treaty with U.S. is an important requirement, it is not necessarily “game over” if you are from Brazil, since many also hold passports from Italy, Spain, Poland, Denmark, etc.

However, having citizenship of a country that has a treaty with the U.S. does not alone guarantee that you will qualify for or obtain an E-2 visa. There are other important requirements that need to be fulfilled. For instance, the subject business must be owned 50% (or more) by nationals of the treaty country (whether the principal or not), the principal applicant must have the intention of departing upon termination (since an E-2 visa is temporary in intent), a substantial investment must be made, and the list goes on.

Applying for an E-2 visa is a complex process and varies greatly from case to case. In addition to the overall complexity of the process, there are some common misconceptions, for instance: many investors want to obtain a green card as a result of their investment – however, this is not as easy as it sounds, there is more to it than just the initial investment or holding an E-2 visa; and, an E-2 visa is itself temporary in nature which conflicts with the permanent intent of a Green Card; additionally, in order to transition from an E-2 to an EB-5, the investor would need to invest further personal (not corporate) funds and satisfy applicable EB-5 job creation requirements. Therefore, it is essential to have the right team behind you – a team that has the experience and knowledge that are imperative in the E-2 approval process and in respect of all plans that the investor might have or need after obtaining the visa.

Having the right business idea and the necessary funds are the first steps on the investor’s journey, towards acquiring an E-2 visa and opening the door to a land of diverse opportunities. Are you interested in obtaining an E-2 visa? Considering an E-2 visa application? Expert navigation is the key – with the guidance of immigration and business experts at e-Council Inc.com and the right business plan, success is just a hop, skip, and a jump away due to our extensive experience and depth of knowledge. Contact us at 1.866.724.0085 or info@ecouncilinc.com for more information.

e-Council Inc.’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 an attorney or other professional legal services provider. For specific questions about any legal matter please consult with an attorney or other professional services provider.

[1] https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

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In this article, we will briefly review how a nation can become an E-2 Treaty Country and why some states have not yet concluded an investment treaty with the United States. (The full list of Treaty Countries can be found here.)

A Brief History of Investor Treaties

Since its founding, the United States has signed treaties of trade and/or investment with many other countries. Such treaties are intended to promote bilateral trade and investment between the USA and the contracting state, thereby encouraging good relations, economic growth, and peace.[1]

After World War II, the United States sought to facilitate private international investment by signing Treaties of “Friendship, Commerce and Navigation” with over two dozen countries.[2] As of the 1980s, investment provisions are typically included in Free Trade Agreements (of which the United States has 20 currently in force) or in standalone compacts called “Bilateral Investment Treaties” (BITs). ^[3]  BITs establish the terms and conditions for private investments made by individuals and business entities from one sovereign state in another sovereign state.[4] Typically, nationals from countries that have signed a BIT with the USA are eligible to apply for an E-2 visa.

What do BITs do?

BITs are based on the concept of reciprocity. As such, they obligate foreign countries to provide American investors and companies with the same protections and rights that their citizens would receive in the United States. BITs further require that investors and their investments be treated “as favorably as the host party treats its own investors and their investments or investors and investments from any third country.”^[5]

In addition to granting investors from a contracting state “fair and equitable treatment,” BITs also provide for the free transfer of funds in and out of the country as well as protection from expropriation. If an expropriation does happen, BITs ensure that investors are compensated in a fair and timely manner. BITs also provide investors recourse to arbitration, often under the auspices of ICSID (International Centre for Settlement of Investment Disputes), to resolve disputes with the host state.[6]

In sum, contracting countries must treat private investments in an open, transparent, predictable, and non-discriminatory manner.

Why isn’t my country eligible for E-2 status?

Foreign states that cannot guarantee the aforementioned protections and rights to American investors and their investments will be unable to conclude a BIT. Countries that are subject to international sanction or with which the United States has poor relations may also be excluded from such a deal.^[7]

The explanation for why a particular country has not yet concluded a BIT with the United States is often complex, case-specific, highly politicized, and not always made public by the U.S. government.

Let us consider Mainland China, for example.  Though China and the United States are currently in the process of negotiating a BIT, poor relations and China’s restrictive investment policies have hindered the development of an investment pact.

For example, China currently has ownership caps in about 100 industry sectors, including manufacturing, services, and agriculture. These caps are intended to prevent foreign companies from doing business in Chinese markets. By contrast, the U.S. restricts foreign investment completely in only five sectors, and maintains 24 minor conditions or restrictions that would be removed if the U.S. is given reciprocity in China.[8]

Additionally, China requires U.S. companies to meet disproportionate investment requirements, such as additional licensing standards that Chinese companies are not required to meet. As a result, American investors often face difficulties and delays when applying for business licenses in China. These unfair requirements would have to be eliminated for a BIT to be signed.[9]

Are there alternatives to the E-2 visa?

Foreign nationals who are not eligible to apply for an E-2 visa, can consider other visa categories, such as EB-5, in order to gain admission to the United States. Any foreign national can petition for an EB-5 visa. While the EB-5 visa has stricter investment and job creation thresholds than the E-2, it can result in legal permanent residence in the U.S. Basic requirements for an EB-5 visa are a $1,000,000 investment (or $500,000 in a Targeted Employment Area) in a new commercial enterprise and the creation of at least 10 full-time jobs within two years of being granted conditional permanent residency. See our comparison of the E-2 and EB-5 visas here.

Whichever visa option is pursued, the experts at e-Council Inc. know how to craft business plans that have the best possible chance of passing USCIS scrutiny. To find out about professional, well-researched, articulate, expository, narrative Visa Business Plans – whether for E-2, EB-5 or any other business-related visa – as well as a variety of ancillary and concierge services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc.com at info@ecouncilinc.com.

e-Council Inc.’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.

[1] http://www.workpermit.com/us/investor_e1_e2.htm

[2] http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2826&context=flr

[3]http://prospect.org/article/job-killing-trade-deal-you%E2%80%99ve-never-heard-china-bilateral-investment-treaty

[4] http://guides.ll.georgetown.edu/c.php?g=371540&p=2511827

[5] https://ustr.gov/trade-agreements/bilateral-investment-treaties

[6] http://guides.ll.georgetown.edu/c.php?g=371540&p=2511827

[7] https://ustr.gov/trade-agreements/bilateral-investment-treaties http://www.workpermit.com/us/investor_e1_e2.htm

[8] http://www.barrons.com/articles/a-treaty-setting-new-investment-rules-1418441035

[9] http://www.barrons.com/articles/a-treaty-setting-new-investment-rules-1418441035; http://www.reuters.com/article/us-china-usa-visas-idUSKCN0IU0Q020141110

The post Why Isn’t my Country Eligible for E-2 Status? appeared first on E-Council Global.

Currently, the E-2 Visa is a “nonimmigrant” visa, which means that to remain eligible, an E-2 visa holder must maintain an intent to return abroad to his/her home country following their permitted stay in the U.S. The E-2 visa allows a national of a treaty country (a country with which the U.S. maintains a Treaty of Bilateral Investment) to be admitted to the U.S. to manage or direct a business in which at least 50% of the ownership is held by nationals of the treaty country and in which the amount of capital invested is “substantial” (which term is not specifically defined). While it is renewable indefinitely for the life of the business, the E-2 visa is specifically designed not to lead directly to a green card. Rather, it must be renewed every few years (depending on the term granted), and is subject to nonrenewal in the event that the business proves unsuccessful.[1] While some E-2 visa holders do attempt to parlay their E-2 visa into an EB-5 visa—because the latter involves the granting of a conditional green card and further offers a path to lawful permanent residence in the U.S.—it is not always feasible to satisfy EB-5 requirements (as we have also previously discussed). In brief, an E-2 visa holder who has either invested less than $500,000 in a Targeted Employment Area (or $1 million, otherwise) and/or is unable to meet the requisite job creation requirements (creating at least 10 new jobs), cannot use the E-2 company as an EB-5 investment vehicle.

The stated purpose of the E-2 Visa Improvement Act of 2015 is to “permit certain E-2 nonimmigrant investors to adjust status to lawful permanent resident status.” Specifically, the Act would grant permanent residence to E-2 Treaty Investors who have resided in the U.S. for at least 10 years in E-2 status and whose business enterprise has created a minimum of two full-time jobs during such E-2 status.  Their children (up until the age of 26) would be permitted to remain in the U.S. as dependents and could apply for employment authorization upon turning 18.[2]

The bill is currently being reviewed by the House Judiciary Committee (among all of the other bills under consideration). If enacted, the bill would address a much-discussed deficit in the American immigration system: the lack of visa options for foreign-born entrepreneurs. Though “improving access to the U.S. for foreign-born entrepreneurs has been talked about for years and has wide bipartisan support,” the discussion of how to accomplish same has been caught up in “bigger fights over how to overhaul the country’s immigration laws.”[3] Notably, a so-called “start-up” visa that would offer permanent residency to immigrant entrepreneurs, whether or not they are residents of an E-2 Treaty Country, was one of the subjects of President Obama’s Executive Action on immigration matters (November, 2014). The security of permanent residence would be much-welcomed by foreign entrepreneurs who often use the E-2 visa to launch businesses in the United States, many of which are significant contributors to the American economy in a variety of ways.

To find out about professional, well-researched, articulate, expository narrative Visa Business Plans, whether for E-2, EB-5 or any other business-related Visa, as well as a variety of ancillary services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc.com at info@ecouncilinc.com.

e-Council Inc.com’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.

[1] http://www.dekirby.net/library/san-francisco-visa-lawyer-challenges-of-the-e-2-treaty-investor-visa.cfm

[2] https://www.govtrack.us/congress/bills/114/hr1834/text

[3] http://online.wsj.com/articles/for-foreign-born-entrepreneurs-startup-visas-offer-a-chance-to-finish-1416613000

The post Will there be a Permanent Residency Option for E-2 Visa Holders? appeared first on E-Council Global.

In the above-referenced appeal, the petitioner wanted to employ the beneficiary as the president of a new office in the U.S. pursuant to the guidelines for an L-1A nonimmigrant intracompany transferee.

According to 8 C.F.R. § 214.2(1)(3)(v), if the employee is coming to the U.S. to start a new office, the following must be submitted with the petition:

1. Proof that sufficient physical premises have been secured for the new office;
2. Documentation that the employee has been employed in an executive or managerial capacity for one continuous year during the three year period immediately preceding the filing of the petition and that the proposed U.S. employment also involves executive or managerial authority; and
3. Evidence that the new U.S. office will support an executive or managerial position within one year of the approval of the petition.

The Petitioner stated that the employee would be involved in “the overall vision and management of the company’s efforts to establish itself as a solid force in the North American market.” Additionally, the Petitioner included a job description and list of duties of the new office’s president in a 56-page business plan submitted with the petition. The USCIS director found the information submitted insufficient to demonstrate that the new company would support a managerial or executive position within one year. Clearly, it is not the length (ie: quantity) but rather the quality of the Business Plan that is the key to success.

The AAO upheld the District Director’s decision, confirming that the Petitioner did not meet the burden of proving eligibility for an L-1A Visa. The AAO cited several reasons why the petitioner did not meet its burden, most of which related to the Business Plan. One of the major contentions was that the description of the beneficiary’s role was too general. The Petitioner argued that the President’s proposed duties were listed in the regulations. However, the AAO pointed out that simply copying language from the regulations does not satisfy the Petitioner’s burden of proof.

Much of what the Petitioner failed to provide could have been cured with a professionally-written, well-researched and organized Business Plan. The e-Council Inc. team of professionals, skilled at drafting quality Business Plans designed to meet USCIS requirements, could have made all the difference in this case!

To learn about our Visa Business Plans, as well as a variety of ancillary services that specifically address USCIS’s requirements, contact e-Council Inc. at info@ecouncilinc.com.

e-Council Inc.com’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.

The post The Importance of Business Plans in New Office Petitions appeared first on E-Council Global.