Immigration to the U.S. through Investment

Ksenia A. Maiorova, Esq.Managing Partner,

Maiorova Law Group, PLLC

www.kmimmigration.comOrlando: (407)705-3345Miami: (305)239-9311

Ways to Immigrate to the United States

• Family Immigration• Employment Immigration• Asylum• Diversity Visa Lottery• Extraordinary Ability• Investment

Immigration Options for Investors

• L-1A visa for Management/Executive level or “Specialized Knowledge” transferees

• E1/E2 visa for treaty traders and treaty investors

• EB-5 visa – the “million dollar green card”

What is the L-1 Visa?

• Non-immigrant visa (does not immediately accord permanent residency)

• Designed to transfer key personnel either– within a company that has both U.S. and foreign

offices; or – between a foreign company and an “affiliate”

entity in the U.S.

L-1 Requirements

• Transferee must be either a Manager or Executive (L1-A visa) or have worked in a “Specialized Knowledge Capacity” in the foreign company (L1-B visa)

• U.S. company to which the person is being transferred must be a subsidiary, branch, affiliate or joint venture partner of the foreign company

• Transferee must have been employed for a minimum of 1 of the last 3 years by the foreign entity as an Executive/Manager or in a “Specialized Knowledge Capacity”

L-1 Privileges

• Legally work in the United States for L-1 sponsor (does not have to be in the same capacity as in the company abroad)

• Travel in and out of the United States• Bring spouse and children under 21 to the U.S. • Spouse (but not children) may work in the U.S.

L-1 to Green Card

• Managers and Executives in L-1 status may apply for Permanent Resident Status (“Green Card”) after one year

• Green Card available to L-1 transferee and spouse and children under 21

Advantages of L-1

• Managers/Executives can apply for Permanent Resident status after 1 year in L-1 status

• No minimum investment requirement• If green card is granted, it is NOT a conditional

green card• No need to go through difficult Labor

Certification process to obtain green card

Disadvantages of L-1

• No path to green card for Specialized Knowledge transferees

• Limited duration status– 7 years for Managers/Executives– 5 years for Specialized Knowledge

• Must have own business, or be employed by business willing to transfer

E-Visas

• Only available to citizens of certain countries– Full list available on Department of State website,

at: http://travel.state.gov/content/visas/en/fees/treaty.html

– Tip: check spouse’s country of residence for eligibility

• Two subtypes:– E-1 for treaty traders– E-2 for treaty investors

Treaty Trader vs. Treaty Investor

• E-1 Visa – Treaty Trader– Available to nationals of certain countries who

come to the U.S. to engage in “substantial trade” between the treaty country and the U.S.

• E-2 Visa – Treaty Investor– Develop and direct the operations of an enterprise

in which investor has invested/is actively in the process of investing a substantial amount of capital

Advantages of E-1/E-2

• No minimum investment amount– relatively small investment amount can qualify

under certain circumstances• Renewable indefinitely as long as the business is

operating• Spouse gets unrestricted Employment

Authorization• Spouses and children under 21 may attend

school

Disadvantages of E-1/E-2

• Not every country has a qualifying treaty• No direct path to a green card• No protections for children who reach the age

of 21

Basic EB-5 Requirements

• Invested or actively in process of investing– $500k in a rural area or targeted economic area– Otherwise, investment min. is $1M– Funds must be “at risk”

• Creating 10 full time jobs (35 hours per week)– direct job creation– Through RC’s, indirect job creation using reliable

economic modeling methodology

Regional Centers

• Must be approved by the USCIS– Approval of center does not guarantee approval of

petitions or ROI• Variety of projects available • Advantages:– (usually) reduced investment amount, plus no day-

to-day management of business– Investor and family can live and work anywhere– Indirect job creation

Regional Centers

• Must be approved by the USCIS– Approval of center does not guarantee approval of

petitions or ROI• Variety of projects available • Advantages:– (usually) reduced investment amount, plus no day-

to-day management of business– Investor and family can live and work anywhere– Indirect job creation

Disadvantages of EB-5

• Relatively high investment amount• Investment does not guarantee a specific ROI• Risk of loss of initial capital investment –

invested funds must be “at risk”• No guarantee that investor will receive

conditional or permanent green card

Qualified Professional Assistance

• Investor should engage advisors – Financial Advisor – ROI, exit strategy, business

sensibility of investment– Business plan writer with experience writing

business plans for immigration – Tax Advisor – Immigration Attorney – not notary, document

preparer, “consultant”, or any other non-lawyer