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Without a doubt the rush of Foreign National Investors is evident in Florida.  Florida Real Estate is at such a low that Foreign Nationals are buying up second homes and investment properties throughout the State.

In an effort to educate the Foreign National Investor as to which Visas are available for travel, stay and investment purposes in the US, I have asked the assistance of an expert - Visa/Immigration Attorney Mark Carmel.  I will follow his article with his contact information.

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L-1 - Temporary Work Visas

Employees of an international company who are being temporarily transferred to a parent branch, affiliate, or subsidiary of the same company in the United States require Intra Company transfer (L-1) visas. The international company may be either a U.S. or foreign organization. To qualify, the employee must be at the managerial or executive level (L-1A), or have specialized knowledge (L-1B), and be destined to a position within the U.S. company at either of these levels, although not necessarily in the same position as held previously. In addition, the employee must have been employed outside the U.S. with the international company continuously for one year within the three years preceding the application for admission into the United States.

An L-1 visa is also the appropriate visa classification for a qualified employee of an international company who is coming to the United States to establish a parent, branch, affiliate or subsidiary in the United States, i.e. commence business. When filing the petition, the international company will be required to show that sufficient physical premises to house the new office have been secured and that within one year of the approval of the petition, the intended U.S. operation will support an executive or managerial position. In the case of a person with specialized knowledge, the petitioner will be required to show that it has the financial ability to remunerate the beneficiary and to commence doing business in the United States. A petition for a qualified employee of a new office will be approved for a period not to exceed one year, after which the petitioner must demonstrate that it is doing business as described above in order for the petition and alien’s stay to be extended beyond one year. The maximum period of authorized stay for an L-1A visa is seven (7) years. While the maximum period of authorized stay for an L-1B visa holder is five (5) years.

Individual vs. Blanket Petition

The employment must be approved in advance by the United States Citizenship and Immigration Services (USCIS) in the United States on the basis of a petition, form I-129 L, filed by the employer with the USCIS Service Center. Companies seeking the classification of multiple aliens as intra company transferees may file a blanket petition with USCIS. The blanket petition provision is meant to serve only relatively large, established companies having multi-layered structures and numerous related business entities. The blanket petition provision is available only to managers, executives and specialized knowledge professional that are destined to work in an established office. Any questions which you may have concerning this process should be addressed to the appropriate USCIS office in the United States.

Once the L petition has been approved in your name you will be required to apply for a visa before traveling to the United States. The Notice of Action, form I-797A or B, is not valid for travel unless accompanied by the appropriate visa. Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative L-2 visas.

Treaty Traders & Investors (E Visas)

Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are non-immigrant visas for nationals of a country with which the United States maintains a treaty of friendship, commerce and navigation who wish to go to the United States for one of two purposes: to carry on substantial trade, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the national has invested or is in the process of investing a substantial amount of capital (E-2).

Requirements for the E-2 visa issuance are as follows: Majority ownership or control of the U.S. business is held by nationals of the treaty country of the applicant The business must be real and active - not passive The investment cannot be solely for purposes of earning a living for the applicant, but must also provide job opportunities or generate income or some economic benefit for others. The issue of whether an investment is “substantial” is complex and proportional. It’s generally defined as the amount invested, weighed against the total value of the enterprise for established businesses, or the amount normally considered necessary to establish a viable enterprise for a new business.

Examples might help clarify the difference between the E-1 and E-2.

An E-2 treaty investor might purchase 75% of a restaurant located in the United States. The restaurant operates at a profit and employs over 40 people, most of whom are American citizens. If all the other conditions for the visa are met, the investor could obtain an E-2 visa to enter the United States in order to operate his business and oversee his investment. He would also be able to send qualified employees who are treaty citizens to work in his business if they meet certain specific requirements

Alternatively, a business located in the a treaty country such as Canada, and the United Kingdom, that designs and manufactures shoes might sell many of its products in the United States. However, it has no retail stores of its own nor any plant there. If the volume of its foreign trade with the United States is significant and continuous and if its Treaty Country-US trade makes up more than 50% of its total international trade, then the business could qualify for Treaty Trader status and the owner of the business or some of its employees might be eligible for E-1 visas.

Employees of registered companies, on the other hand, need only make a non-immigrant visa appointment at a U.S. Consulate or Embassy in the treaty country. They do not need to submit any documents in advance; however, at the interview they should present a copy of the E-2/E-2 approval notice letter given to the qualifying E-2/E-1 company by the U.S. Embassy or Consulate.

Length of Visa. The maximum length for which an E-1 or E-2 visa can be issued to a citizen of the United Kingdom is 5 years. However, whether or not to issue for that length of time is solely the judgment of the consular officer deciding the case. In the U.K., the London Embassy, typically issues the first E-1 or E-2 for only two years. This is due to the fact that most E-2 applications are for relatively small businesses, with small capital investments (under $150,000), are volatile and often do not succeed. However, renewal of E-1 or E-2 visas, are generally for the maximum five years although not always. In the case of large companies with high turnover and employing many Americans, Consular officials routinely issue the first visas for five years.
Change of Status. Investors who have changed status in the United States with USCIS must follow the steps for all first-time investors. Such a change of status remains valid only while the applicant remains in the United States. Once the applicant has left the United States, he or she requires an E-visa to return and resume the running of his or her business. Change of status does not guarantee the issuance of a visa at a the treaty national’s country of residence.
Dependents. The spouse and unmarried children (under 21 years of age) of treaty traders, treaty investors, or employees of qualifying enterprises may also receive E visas in order to accompany or follow to join their spouse or parent. They are not required to have the same nationality as the principal applicant. Spouses may work in the United States if they have obtained an Employee Authorization Card from the Department of Homeland Security. They may apply for this card after they enter the United States. Dependent children may not work in the United States although they may attend school.

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This information was made possible by the Law Offices of Mark Carmel.

His contact information is:

Mark Carmel
Attorney at Law
Practice Limited to Immigration Law
301 Clematis St., Suite 3000
West Palm Beach, Florida 33401
Tel: (561) 459-7207
Fax:(888) 273-1033
www.USLAWYER.com

Tell him David Podgursky, The Mortgage Go To Guy! sent you!

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with all of their Real Estate and Mortgage needs in Florida from buying to financing and beyond
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