1.  Failure to hire the right team of professionals (lawyers/CPAs/financial advisors/banking and financing professionals/cross-border tax advisors).

SMART PEOPLE use the talents and experience of other SMART PEOPLE to give themselves every possible chance of a successful outcome to the task at hand. Would you have a complicated medical or dental procedure done by a classical musician or a barista? OF COURSE NOT! That person might be the greatest violinist in the world, or might make the most delicious specialty coffee of all time, but you would never have them perform your heart bypass surgery. Why should it be any different in the international business world?

Most business leaders are not experts in the many social, governmental, economic and legal aspects of cross-border business transactions (or of domestic transactions for that matter). Expertise in many of these areas is particularly essential in identifying and developing new markets and investing in foreign countries. The most experienced and sophisticated global business leaders regularly use cross-border consultants, such as the vetted team of experts at e-Council Global, to provide crucial planning advice and development guidance.

To name a few, the e-Council Global team can:

• Assess an organization’s future activities in foreign markets, such as opening a new facility or identifying a new business partner. 
• Work closely with management and executive teams to develop strategic plans for both existing and emerging markets.
• Collaborate across disciplines within an organization, including accounting, legal, human resources, IT, market research, and other business-line leaders.

Complicated business issues such as choosing the most advantageous business structure, understanding tax issues at home and abroad, and evaluating crucial legal and immigration business factors all require professional and experienced guidance. The right international business consultant can ensure successful navigation of the red tape, rules and regulations that are integral components driving business success, freeing you and your team up to RUN YOUR BUSINESS!

It is finding the right consultant that can and does make all of the difference in your success. Lauren Cohen, Esq., and her team of experienced professionals at e-Council Global have years of international legal/business expertise and immediate access to a seasoned collaborative group of ancillary tax, banking and finance experts to meet all of your cross-border consulting needs.

To access the professional team of experts at e-Council Global to ensure your smooth path to cross-border expansion, investing and visas, contact e-Council Global at Founder@ecouncilglobal.com or toll-free at 1-866-724-0085.

e-Council Global/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 Learn About the Top 10 Mistakes People Make when Investing Across Borders! appeared first on E-Council Global.

The ability to Invest Across Borders is just one step away, and here’s how you can invest, live, work, and play – whenever and wherever!

What Exactly is Investing Across Borders?

In case you’re uncertain, Investing Across Borders means exactly what it sounds like. When you Invest Across Borders, you use your capital (or borrowed capital) to purchase assets in a country that is beyond the border of the country in which you currently reside. Another means of Investing Across Borders could involve investing in growing your own business enterprise on a global scale in another country.

Eventually – if things go right – you’ll be able to generate increased income from a broader base, grow your business, achieve passive revenue and eventually sell the asset or business for a much higher price than what you paid or invested in its growth.

Investing Across Borders can take on a variety of forms. These may include:

• Real Estate
• Tangible assets
• Stocks
• Options
• Bonds
• Your own business
• Joint Ventures
• Other businesses

Some Benefits of Investing Across Borders

Investing Across Borders offers a plethora of benefits that can elevate your personal and/or business life and opportunities to new levels! Here are just some of the more relevant benefits that are often realized when Investing Across Borders:

• Profits — Profit is the most obvious benefit, and that’s why we’re listing it first. If you invest wisely, you’ll be able to reap lucrative benefits. This could put you in a financially secure spot so that you can do the things you’ve always put off or dreamed of doing.
• Less competition — Especially if you live somewhere like the United States, it is virtually impossible to compete with the big-box, billion-dollar companies. By Investing Across Borders, you can achieve a bigger stake in the marketplace that can often be secured at reasonable prices. With less money, catch a bigger fish in a smaller pond!
• More opportunities — By accessing an entirely new country, not only are there more investment opportunities — but amazing potential strategic partner connections and networking possibilities as well.
• A chance at a Visa — This is actually a surprise for many people, but citizenship-by-investment programs are available for nearly 100 amazing countries! That includes the likes of the United States, Canada, Australia and Portugal. Additionally, you may have access to a non-immigrant visa, which, although not a direct path to citizenship, can offer you amazing opportunities to live, work and build your portfolio, business and wealth in a new land. If the visa factor appeals to you, make sure to work with a team of professional experts to ensure that the process goes smoothly. 
• Market diversification — In a new country, the market(place) is bound to be different — posing both challenges and opportunities. In a nutshell, you’ll have access to diverse investment portfolio options and increased chances of making a profit.

The Different Types of Foreign Investments

There are four primary types of foreign investments that you will need to consider. Each carries its own pros and cons and can all be lucrative if used right. The 4 primary types of foreign investments include:

• Direct foreign investment
• Indirect foreign investment
• Commercial loans
• Official flows

Direct Foreign Investment

These investments are physical purchases made by a company (or sometimes an individual) in a foreign country.

The purchase of real estate, buildings and land are generally considered as direct foreign investment which in turn yield long-term investments. As a rule of thumb, e-Council Global considers this to be the “best” type of foreign investment for all levels of investors.

Indirect Foreign Investment

More often, investors and especially individuals are purchasing indirect foreign investments. This form of investing occurs when corporations and private investors buy stakes and positions in foreign companies. An example of this would be buying and selling stocks.

Commercial Loans

At one time the largest source of foreign investment, commercial loans are less popular now but can still generate excellent outcomes. How do commercial loans work? Banks and private lenders offer financing through loans. You’ll be required to submit a down payment of roughly 20-30% of the investment purchase price. Then, the bank or other lender will issue you a loan to cover the balance of the investment price — but payments will be due with interest.

Official Flows

The last type of foreign investment comes in the form of official flows. These official flows refer to the different forms of developmental assistance that a nation is offered. You or your business would be investing your resources to help a nation and eventually get a return on investment. This is admittedly not a very common form of foreign investment, although that may well change in the post-COVID world.

How to be Safe When Investing Across Borders

Along with the many benefits to foreign-based investing, it is reasonable to anticipate that certain risks must be considered as well. Challenges such as currency volatility and lack of transparency are threats. However, there are safety mechanisms that can be adopted in an effort to minimize your risks and maximize your rewards.

The most common safety mechanism is just to do your research. The research should primarily focus on the economic background of your foreign country — but should not neglect the other facets either.

These facets include cultural, social, political, and legal aspects of the subject country. Knowing these facets can ensure that your investment is secure and that potential far exceeds any potential risk. The more research and consultation you have done prior to taking the plunge —  the better off and more sound and “safe” your investment will likely be.

The Push of a Button: A Professional Team

Understandably, it is impossible to simply sit in front of a computer and do as much research as necessary. People are busy, and there are simply not enough hours in a day to get everything done. That’s where the e-Council Global professional team comes into the picture.

While you’ll still have to put in the effort, having a team to guide and answer any of your questions – that’s vital to success. But, more than that, doing every aspect of your investments can be overwhelming and an impossible hurdle to overcome.

The hardest part is your first foreign-based investment, but you don’t have to face the challenge alone. From lawyers to tax experts to capital advisors, having a diverse team of experts goes a tremendous way.

When working with a cross-border advisory company, make sure that you’ll have access to all these professionals:

• Banking and currency exchange experts
• Legal team
• Due diligence or deal analysis
• Tax, financial, and accounting
• Logistics experts
• Financing and capital advisors
• Real estate professionals (or whatever investment you are attempting)
• Cross-border experts

To Wrap Up

Opportunities to Invest Across Borders really are just a step away. Even though foreign investment is a multifaceted and daunting process, you no longer have to learn everything by yourself. There are experienced professionals available, such as the e-Council Global harmonized team of experts, to navigate your path and guide you every step of the way.

You deserve to have the freedom to invest, live, work, and play across borders – so do yourself a huge favor and work with a professional team that is truly ready to help make your dreams come true!

The experts at e-Council Global are experts at INVESTING ACROSS BORDERS. To find out about our range of services, please contact us at founder@ecouncilglobal.com or by phone at 1-866-724-0085.

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.

Resources

The post Opportunities to Invest Across Borders are CLOSER than they Appear! appeared first on E-Council Global.

And while these changes may not be directly related to general changes in the immigration field, particularly since President Trump came into power, they are still part and parcel of the much broader set of changes and adjustments in interpretation in so many other immigration-related areas.

As of February 5, 2020, for example, the U.S. State Department applied new rules to citizens of the Netherlands seeking E1 (Treaty Trader) or E2 (Treaty Investor) visas. Specifically, the validity period was decreased from 5 to 3 years and the fees increase from $0 to $2,228 per person (plus the $205 filing fees per person). That’s a HUGE increase by anyone’s standards.

Also, as of December 23, 2019, without prior notice and of immediate effect, the Department of State (DOS) updated the reciprocity chart to reflect new visa fees and visa validity periods for Australian citizens. The affected visa types are E, F, H, L, and R. For example, the visa issuance fee for the E-1 and the E-2 was increased to $3,574 and the validity period was reduced to 48 months. It must be noted that there are no changes to the E-3 visa as there is still no separate visa issuance fee, and the validity period remains the same at 24 months.

Drastic changes were also implemented in 2019 for French and Israeli citizens seeking E-1 or E-2 visas. For French nationals, the E-2 visa duration was reduced to 25 months from the prior 60 months, which has already had a huge impact on the volume of French citizens applying for E-2 status; similarly, the E-2 will only be granted to Israelis for a maximum of 24 months! And, for French citizens, the maximum validity period of the L-1/L-2 visa stamp is now 17 months, whereas for Israelis the duration has been to reduced to 48 months!

The latest changes in the visa reciprocity schedule has also affected citizens of Austria, China, Italy, Brazil, Malta, Mauritania, Guatemala, Guinea-Bissau, Madagascar, Saint Kitts and Nevis, Tajikistan, and San Marino. Please speak with our team directly to find out how these changes might affect you and/or your immigration plans!

While the news is not all bad, and postivive changes continue to be introduced, such as the addition of Israel and New Zealand to the E-2 Visa mix (despite the reduction in the reciprocity period for Israel), there is no doubt that changes will continue to often be introduced without notice or warning. We in the immigration industry are tasked with staying abreast of these changes so that we can properly guide our clients and colleagues, and also to provide solutions to those seeking to move to the U.S. from pretty much anywhere in the world.

To find out more or to explore your immigration options, please contact us by email at info@ecouncilinc.com or by phone 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.

The post 09 FEB WHAT’S UP WITH CHANGES TO INVESTOR IMMIGRATION THESE DAYS? THE ANSWER: A LOT! appeared first on E-Council Global.

Posted at 07:02h in Business by Lauren C0LikesShare

Every business is constantly on the lookout for more business opportunities and chances to gain sales. However, this isn’t easy or self-explanatory. You have to work hard in order to reach a point where you are seizing every business opportunity. There are many ways in which you can work to identify those changes. Here are three tricks that will help you find ways to grow your business.

NETWORK NOW

While it is true that nothing beats face-to-face networking event, during challenging times such as the current global COVID19 crisis, online networking is the way to go – and the beauty is that you can network just as easily with someone down that street as with someone across the ocean! When you network with people, you give yourself an opportunity to meet new individuals, learn from each other, gain insight, and, potentially, make a new sale. Keep in mind that networking doesn’t mean selling. It provides a chance to expand your business network and meet more people. Yes, that might turn into a sale or it may turn into you introducing someone to someone else. Either way, there is a great utility to networking, and it often will lead to a growth in business opportunities.

MARKET YOURSELF

You can’t find any business opportunities if you don’t market yourself. As such, you have to identify the right channels to market and execute accordingly. You should still engage in omnichannel marketing strategies. Furthermore, remember that different businesses need to market differently. Business-to-consumer strategies are typically more broad-based than business-to-business strategies, which tend to be more targeted and geared towards a more specific audience.

BE A RESOURCE

Business opportunities will become available to you if you present yourself as someone with intelligence, knowledge, and value. As such, make sure you fully understand your field. From there, you can present yourself as a resource and connector within it. This means that people will view you as an expert in your field and someone to whom they can turn if they have a question. As a result of this positioning, other people will understand your value and be more likely to turn to you for a sale when they need the services of someone within your industry.

No one has ever gotten rich or grown their business by sitting around waiting. If there is any commonality in all of these tricks, it’s this: they all require concerted effort. If you want to be able to seize on business growth opportunities, you have to be willing to put in a good amount of time and effort. There is no shortcut to success.

It can be complicated running a business. Click here for all the resources you need to formulate your business plan today!

The post 07 APR 3 TRICKS TO HELP YOU ENGAGE MORE BUSINESS OPPORTUNITIES appeared first on E-Council Global.

Wheelchair Maneuverability Inside

Individuals in wheelchairs have to be able to get into your store. However, if they cannot move within your business, you are not ADA compliant. This means that aisles must be wide, that you have appropriate turning radiuses at corners, and that people can access all parts of your establishment. You also have to remove steps or any other potential wheelchair hazards.

Your Website

Changes to modern technology have necessitated changes to the interpretation of the Americans with Disabilities Act. As noted by Harvey Agency, websites must be compliant from auditory and visual perspectives. Indeed, there has been an increasing number of lawsuits filed against websites that are non-ADA compliant. This means that your website must have options to interpret text and images in ways that are appropriate for individuals who may have seeing or hearing disabilities. THIS WEBSITE REQUIREMENT IS OF CRITICAL IMPORTANCE AND MUST NOT BE OVERLOOKED – CONTACT US FOR MORE DETAILS AND TO ENSURE YOUR WEBSITE IS COMPLIANT TODAY (OR FACE FINES OF UP TO $10,000 PER INCIDENT!)

Mental Illness

A common mistake that business owners make when it comes to the Americans with Disabilities Act is only thinking of it as it relates to physical disabilities. This is not the case, and in many cases, mental illness is included within the act. What does this mean for employers? Many things. First, according to the Job Accommodation Network, if someone suffers from a mental illness, you have to give that employee “reasonable accommodations.” This may mean different things to different employers, and you have to consult with your attorneys to specifically determine how this will actually impact your business. Additionally, you cannot fire an employee solely because they have a mental illness, although you can still terminate them for job-related reasons.

The ADA is a complicated piece of legislation. There is no question that it helps preserve access for individuals who may have trouble with public services or businesses. However, it also can push a significant burden on businesses. As such, make sure you consult with proper authorities and do everything you can to ensure compliance with this landmark piece of American law.

Successfully navigate the business growth maze with ScaleUPCheckUP! See what we can do for you here.

ScaleUPCheckUP is here and it is a game-changer. The game is about to change – are you ready?

Contact us at info@scaleupcheckup.com or 1-866-724-0085 for more information.

While the above is not and should not be considered legal advice, since circumstances vary, ScaleUPCheckUP monitors these rapidly developing issues, as enforcement of the law switches into high gear. Instead, the foregoing is intended as an overview and not legal advice, nor does it create an attorney-client relationship. However, contacting an attorney to steer through the maze of bureaucracy to register and defend a mark may very well be necessary to consult an attorney.

ScaleUPCheckUP’s blog, website, newsletter and other forms of communication contain general information about legal and related 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 Often Overlooked Aspects of Your Business You Need to Make Sure Are ADA Compliant appeared first on E-Council Global.

And while these changes may not be directly related to general changes in the immigration field, particularly since President Trump came into power, they are still part and parcel of the much broader set of changes and adjustments in interpretation in so many other immigration-related areas.

As of February 5, 2020, for example, the U.S. State Department applied new rules to citizens of the Netherlands seeking E1 (Treaty Trader) or E2 (Treaty Investor) visas. Specifically, the validity period was decreased from 5 to 3 years and the fees increase from $0 to $2,228 per person (plus the $205 filing fees per person). That’s a HUGE increase by anyone’s standards.

Also, as of December 23, 2019, without prior notice and of immediate effect, the Department of State (DOS) updated the reciprocity chart to reflect new visa fees and visa validity periods for Australian citizens. The affected visa types are E, F, H, L, and R. For example, the visa issuance fee for the E-1 and the E-2 was increased to $3,574 and the validity period was reduced to 48 months. It must be noted that there are no changes to the E-3 visa as there is still no separate visa issuance fee, and the validity period remains the same at 24 months.

Drastic changes were also implemented in 2019 for French and Israeli citizens seeking E-1 or E-2 visas. For French nationals, the E-2 visa duration was reduced to 25 months from the prior 60 months, which has already had a huge impact on the volume of French citizens applying for E-2 status; similarly, the E-2 will only be granted to Israelis for a maximum of 24 months! And, for French citizens, the maximum validity period of the L-1/L-2 visa stamp is now 17 months, whereas for Israelis the duration has been to reduced to 48 months!

The latest changes in the visa reciprocity schedule has also affected citizens of Austria, China, Italy, Brazil, Malta, Mauritania, Guatemala, Guinea-Bissau, Madagascar, Saint Kitts and Nevis, Tajikistan, and San Marino. Please speak with our team directly to find out how these changes might affect you and/or your immigration plans!

While the news is not all bad, and postivive changes continue to be introduced, such as the addition of Israel and New Zealand to the E-2 Visa mix (despite the reduction in the reciprocity period for Israel), there is no doubt that changes will continue to often be introduced without notice or warning. We in the immigration industry are tasked with staying abreast of these changes so that we can properly guide our clients and colleagues, and also to provide solutions to those seeking to move to the U.S. from pretty much anywhere in the world.

To find out more or to explore your immigration options, please contact us by email at info@ecouncilinc.com or by phone 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.

The post What’s UP with Changes to Investor Immigration These Days? The Answer: A LOT! appeared first on E-Council Global.

ScaleUPCheckUP

A trademark search is a review of various sources, including trademark databases, to determine whether a particular trademark or service mark (1) infringes the rights of a prior user and (2) can be registered with the United States Patent and Trademark Office (“USPTO”).

Almost every business sells goods or products using a trademark or service mark.  A trademark or service mark includes any word, name, symbol, device, or any combination thereof, used to identify and distinguish the goods and services of one seller or provider from those of others.  Most savvy business owners and managers will have a trademark search conducted before developing a brand.

A business will allocate significant amounts of time, money and resources in developing a brand.  As a result of this significant investment, a business should determine if a trademark or service mark is available and registerable with the USPTO before investing in a particular trademark or service mark.  If a particular trademark or service mark is not available or registerable, many decision makers will not waste resources in developing it because of the risk of infringing on another’s mark as well as an inability to protect their brand.  Determining if a trademark or service mark is available and registerable with the USPTO requires a legal analysis that should be completed by an attorney experienced in trademark law.  The attorneys at the Plus IP firm have successfully registered hundreds of trademarks and service marks on behalf of their clients.

A trademark search is required to determine if a trademark or service mark creates a “likelihood of confusion” with another trademark or service mark filed or registered with the USPTO prior to the filing date of a registrant’s trademark or service mark application. After a trademark or service mark application is filed, an examining attorney at the USPTO conducts a trademark search to determine whether he or she believes the trademark or service mark creates a likelihood of confusion with another trademark or service mark filed or registered with the USPTO prior to the filing date of a registrant’s trademark or service mark application.  The factors an examining attorney at the USPTO considers to determine if a likelihood of confusion exists include:

• The similarity or dissimilarity of the marks;
• The relatedness of the goods or services;
• The trade channels in which the goods or services travel;
• The conditions under which the goods are sold and purchase, i.e., “impulse” vs. careful, sophisticated purchasing;
• The number and nature of similar marks in use on similar goods or services; and,
• The existence of any valid consent agreements.

While a trademark search is not legally necessary before filing an application with the USPTO, it is well advised to conduct a trademark search to determine if a particular trademark or service mark is registerable.  Having a professional trademark search conducted will provide trademarks or service marks that could affect an applicant’s ability to register a trademark or service mark.   The attorneys at the Plus IP Firm always recommend conducting a trademark search before filing a trademark or service mark application with the USPTO.

Based upon our experience, USPTO examining attorneys do sometimes reject trademark or service mark applications based upon a flawed likelihood of confusion analysis.  If you have received a likelihood of confusion rejection, also known as a 2(d) rejection or Office Action from the USPTO, the attorneys at the Plus IP Firm are available to review the Office Action.  The attorneys at the Plus IP Firm have overcome many 2(d) or likelihood of confusion rejections on behalf of their clients.

ScaleUPCheckUP is here and it is a game-changer. The game is about to change – are you ready?

Contact us at info@scaleupcheckup.com or 1-866-724-0085 for more information.

While the above is not and should not be considered legal advice, since circumstances vary, ScaleUPCheckUP monitors these rapidly developing issues, as enforcement of the law switches into high gear. Instead, the foregoing is intended as an overview and not legal advice, nor does it create an attorney-client relationship. However, contacting an attorney to steer through the maze of bureaucracy to register and defend a mark may very well be necessary to consult an attorney.

ScaleUPCheckUP’s blog, website, newsletter and other forms of communication contain general information about legal and related 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 What is the Importance of a Trademark Search & Why should it be done BEFORE a Trademark Application? appeared first on E-Council Global.

“Individuals seeking U.S. residency should take the proper steps, while they still can, to decrease potential tax liability in the United States. My knowledge as a tax professional adds another important alliance to e-Council’s strategic partnerships.” – Jason Brown

We are happy to announce that Jason Brown, CPA, has recently joined the ranks of e-Council Inc.’s team of strategic partners. Jason’s expertise in pre-immigration tax planning enhances e-Council’s multi-disciplinary team approach of incorporating a suite of complementary EB-5 services.

Jason Brown is the founder and owner of Foresight Financial, a CPA firm. He has over 16 years of national and regional firm experience specializing in federal, multi-state, and international taxation.  Mr. Brown is a member of the American Institute of Certified Public Accountants and the Florida Institute of Certified Public Accountants. Additionally, he has published several articles and is a frequent speaker at industry events and on expert business panels.

Mr. Brown’s background will be extremely helpful for our clients, especially during the pre-immigration tax planning phase. There are many potential tax issues that visa applicants need to be aware of before immigrating to the U.S.  In order to determine how U.S. tax laws will be applied in a given case, a tax planner must assess the visa applicant’s unique situation.

Most importantly, a preliminary analysis of the tax treaty between the U.S. and the individual’s country of origin needs to be conducted to determine which provisions apply. This initial analysis is extremely important because in certain situations – such as personal services, royalties, and capital gains – tax liability can be eliminated or substantially reduced depending on the applicable treaty.

Next, the tax planner must determine when the individual is considered a U.S. resident for tax purposes. The IRS uses the “substantial presence test,” which employs a complicated formula to assess whether an individual is a resident for tax purposes.[1]  Even if an individual meets the “substantial presence test,” he could still be treated as a nonresident if he is in the U.S. for fewer than 183 days per calendar year.[2]

Furthermore, it is important to determine when an individual will be considered a U.S. resident for Estate and Gift Tax purposes.  The test for this differs from the “substantial presence test” in that the person must be both present in the U.S. and have the intent to remain there permanently.

Additionally, in the case of the sale of a foreign corporation by the individual, the tax planner must analyze the benefit of electing a stepped-up tax basis for the assets under IRC § 338(g). Sec. 338 allows a corporation making a “qualified stock purchase” of another corporation to elect to treat it as an asset purchase rather than a share acquisition for U.S. tax purposes. The deemed sale of assets by a foreign corporation without U.S. operations is not subject to U.S. tax. So, making a §338(g) election in such a case would allow the individual to recognizes gain on the deemed sale of its assets.[3]

Another area of consideration is a preliminary analysis of the timing of income and deductions prior to becoming a U.S. resident, including an analysis of foreign tax credits. If an individual owns a business in his home country, it may be in his best interests to change the structure of the company. U.S. tax laws allow for a credit on U.S. tax if foreign tax has already been levied against the entity. Clearly this involves careful planning with a knowledgeable tax professional.

Considering all of the potential issues in pre-immigration tax planning, it is obvious that professional advice is necessary.  The e-Council Inc. team of highly qualified professionals offers a wide range of EB-5 strategies and visa business plan solutions designed for success.

To find out about professional, comprehensive Business Plans, whether for E-1, E-2, or any other business-related Visa, as well as a variety of complementary services designed to specifically address USCIS’s requirements, 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.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

[2] Id

[3] http://www.valuationresearch.com/assets/kb/Section%20338%20elections.pdf

The post e-Council Inc. Announces a New Strategic Partner appeared first on E-Council Global.

The precise timing of when this retrogression will take place remains unclear. In his mid-October 2014 update to the AILA (American Immigration Lawyers Association), Charles Oppenheim, predicted that the EB-5 immigrant visa category would retrogress in May 2015.  Later that same month, at the IIUSA (Association to Invest in the USA) Conference, he reported that the retrogression would probably occur in July 2015[1].

According to Oppenheim, whether it takes place in May or July, the EB-5 Visa regression will likely have a cut-off date of July 2013. Since visas are issued on a “first come, first served” basis, this means that during the month of July 2015 (or whenever the retrogression takes place), only those EB-5 investors and their derivative beneficiaries with a Priority Date in July 2013 or earlier may apply for an EB-5 immigrant visa. The “Priority Date” is defined as the date an I-526 Petition was filed.[2]

According to the National Law Review, “Oppenheim attributed the establishment of a July 2013 cut-off date to the increasing volume of I-526 Petition approvals by the U.S. Citizenship & Immigration Services (the USCIS) and his estimation of approximately three derivatives per I-526 Petition.” Currently, the US government limits the total number EB-5 immigrant visas to 10,000 per fiscal year, which includes both investors and their derivative beneficiaries.[3]

Despite this announcement, EB-5 investors should continue to file I-526 Petitions as needed for business purposed. Retrogression will have no effect on the adjudication of I-526 Petitions by the USCIS. It is thus important for an investor to secure their spot in the EB-5 immigrant visa queue by filing their petitions as soon as possible.[4]

As previously reported on our blog, the demand for EB-5 visas for Chinese investor immigrants exceeded the number of visas available to them in the 2013-2014 fiscal year. This resulted in a Chinese EB-5 visa retrogression, which was announced on August 23, 2014 by the U.S. Department of State.[5] Fortunately, since visa quotas are reset at the beginning of each fiscal year, which began on October 1^st, Chinese nationals are again eligible to receive visas. Notably, this was the first time in the program’s history that a per-country quota had been met.[6]

The impact of an upcoming retrogression on the economy remains to be seen. For investors, retrogression means greater uncertainty and future delays in visa processing. Consequently, retrogression of the EB-5 immigrant visa category may cause a drop in demand for the EB-5 immigrant visa, leading to lower foreign investment in the United States. Comprehensive Immigration Reform, if and when it occurs, may have the advantage of making such retrogressions less likely, since proposed reforms have included an increase in the US government’s visa quotas.

To find out about professional, credible and comprehensive Visa Business Plans, whether for 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] Notably, e-Council Inc.’s Founder and President, Lauren Cohen, recently returned from speaking at the 4^th Annual IIUSA EB-5 Market Exchange Conference in San Francisco, CA.

[2] An I-526 Immigrant is filed by an EB-5 investor to demonstrate that they are in the process of investing, or have already invested the required amount of capital in a suitable EB-5 project. Source: http://www.eb5investors.com/eb5-forms/i-526-petition

[3] http://www.natlawreview.com/article/retrogression-eb-5-predicted-iiusa-conference-july-2013-cut-discussed

[4] http://www.eb5insights.com/2014/09/09/u-s-department-of-state-issues-october-visa-bulletin-eb-5-visa-category-current/

[5] http://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/China%20Employment%20Fifth%20Preference.pdf

[6] http://www.huffingtonpost.com/ali-jahangiri/chinese-eb5-visa-retrogre_b_5884602.html

The post Head of Visa Control Predicts EB-5 Visa Retrogression in 2015 appeared first on E-Council Global.

Since its inception, the Regional Center Program has demonstrated remarkable success in attracting investors, growing businesses, and creating jobs—at no cost to taxpayers. One economic study found that during 2012, the EB-5 program contributed $3.39 billion to U.S. GDP and supported over 42,000 U.S. jobs. Today, 95% of all EB-5 capital is raised and invested by Regional Centers.[1]

Despite its success, the Regional Center Pilot Program remains a “pilot” program of temporary nature and requires congressional re-authorization. It has been reauthorized nine times to date, most recently in 2012. The current extension will expire on Sept. 30, 2015.

Proponents of the EB-5 Regional Center Pilot Program hope that it will be permanently extended by Congress so that the initiative can provide a reliable and consistent stream of foreign investments into the U.S. economy. Permanently establishing the Program will boost investor confidence, and, consequently, increase capital inflows and jobs.

The initiative has already received broad-based bipartisan support. The latest extension was passed unanimously by the U.S. Senate and by a vote of 412-3 in the House of Representatives. In addition, 2014 saw the introduction of two separate bipartisan bills in the House seeking to cement the Program.[2] Both bills are currently being reviewed by the House Judiciary Subcommittee on Immigration and Border Security.

With such broad-based support, there is hope that the Regional Centers will be made permanent. But, as with other political issues, many aspects of the Program are the subject of debate. For instance, the EB-5 Regional Center program has suffered from reports of fraud and corruption. In addition, not all Regional Centers are created equal—while some typically produce profits and the requisite number of jobs for its investors, others have directed capital into risky projects and companies that pay little to no return, leaving investors without money OR a green card. Other questions concern whether the US should keep its per-country limits on the number of visas distributed to foreign investors, and whether seasonal or part-time workers (such as construction workers) should count toward the 10-job requirement.

Any bill authorizing the permanent status of the EB-5 Regional Centers will have to address these and other concerns, and to provide solutions that will appeal to both sides of the aisle. Most supporters of the Regional Center Pilot Program (including business tycoons Bill Gates, Warren Buffet, and Sheldon Adelson) believe that reforms are necessary to make it more efficient, effective, accountable, and transparent.

To find out about the EB-5 program in general or Regional Centers specifically, as well as professional, well-researched, articulate, expository narrative Visa Business Plans, whether for 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 http://www.eCouncilInc.com at info@ecouncilinc.com.

[1] https://iiusa.org/en/eb-5-regional-center-investment-program/; http://advocacy.iiusa.org/

[2] H.R.4659 – EB-5 Regional Center Extension Act of 2014 and H.R.4178 – American Entrepreneurship and Investment Act of 2014.

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