WHICH VISA?

We know that there are many people from overseas who are looking to relocate to Florida and over the years we have streamlined the process for you to achieve your goal of immigrating to Florida with the help of our team.

People are usually told they MUST invest $500,000 in an underprivileged area or $1 million in a regular area however this is not the only way to obtain a visa. The majority of people travelling from abroad fall into one of several categories. Below are the most common U.S. visas opportunities available to investors.

B-VISA

The visitor visa is a type of non-immigrant visa for persons desiring to enter the United States temporarily for business (B-1) or for pleasure, tourism, or medical treatment (B-2).

International travellers with visitor visas comprise a large portion of temporary visitor travel to the United States every year. For how-to-apply information, documentation requirements, and more, see these web pages:

• Visitor Visas for Business and Pleasure 

• Business Visa Center  (For companies in the U.S., seeking business (B-1) visitor visa information)

More Information

Students, temporary workers, journalists, and persons planning to travel to the U.S. for a purpose other than that permitted on a visitor visa must apply for a different visa in the appropriate category.

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Travel Without a Visa

Foreign citizens travelling for visitor visa purposes only from certain eligible

countries may also be able to visit the U.S. without a visa, through the Visa Waiver Program if they meet requirements, including having a valid Electronic System for Travel Authorization (ESTA) approval. Additionally, citizens of Canada and Bermuda travelling for visitor visa purposes don’t need a visa, with some exceptions.

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For more information regarding travel and tourism in the United States please visit DiscoverAmerica.org, the official travel and tourism website of the United States.

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Tax Information

Certain foreign citizens engaged in business or trade in the U.S. may have an obligation to file a U.S. tax return. Review the Internal Revenue Service website information about United States tax requirements.

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L1A – VISA

The L-1A non-immigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one. The employer must file Form I-129, Petition for a Non-immigrant Worker, on behalf of the employee. The following describes some of the features and requirements of the L-1 non-immigrant visa program:

General qualifications of the employer and employee

To qualify for L-1 classification in this category the employer must have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate - collectively referred to as qualifying organizations); and currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary’s stay in the United States as an L-1.

While the business must be viable, there is no requirement that it be engaged in international trade. 

Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.

Also, to qualify the named employee must:

Generally, have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and

Be seeking to enter the United States to render services in an executive or managerial capacity to a branch of the same employer or one of its qualifying organizations.

Executive capacity refers to the employee’s ability to make decisions of wide latitude without much oversight.

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Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.

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It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others. See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for more complete definitions

New Offices

For foreign employers who are seeking to send an employee to the United States as an executive or manager in order to establish a new office, it must also be shown that: 

• Sufficient physical premises to house the new office have been secured

• The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and

• The intended U.S. office will support an executive or managerial position within one year of the approval of the petition.
  
  

See 8 CFR 214.2(l)(3)(v) for details.

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Period of Stay

Qualified employees entering the United States to establish a new office will be allowed a maximum initial stay of one year. All other qualified employees will be allowed a maximum initial stay of three years.

For all L-1A employees, requests for extension of stay may be granted in increments of up to an additional two years, until the employee has reached the maximum limit of seven years.

Family of L-1 Workers

The transferring employee may be accompanied or followed by his or her spouse and unmarried 

children who are under 21 years of age. Such family members may seek admission in L-2 non-immigrant classification and, if approved, generally will be granted the same period of stay as the employee. If these family members are already in the United States and seeking change of status to or extension of stay in L-2 classification, they may apply collectively, with the appropriate fee, on Form I-539. Spouses of L-1 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the L-2 spouse may work.

Blanket Petitions

Certain organizations may establish the required intracompany relationship in advance of filing individual L-1 petitions by filing a blanket petition.

In order to establish eligibility for blanket L certification, the employer and each of the qualifying organizations must:

• Be engaged in commercial trade or services

• Have an office in the United States which has been doing business for one year or more

• Have three or more domestic and foreign branches, subsidiaries, and affiliates
  
  

Additionally, you must also meet one of the following criteria:

• Along with the other qualifying organizations, have obtained at least 10 L-1 approvals during the previous 12-month period; or

• Have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or

• Have a U.S. work force of at least 1,000 employees.
  
  

The approval of a blanket L petition does not guarantee that an employee will be granted L-1A classification.  It does, however, provide the employer with the flexibility to transfer eligible employees to the United States quickly and with short notice without having to file an individual petition with USCIS. In most cases, once the blanket petition has been approved, the employer need only complete Form I-129S, Non-immigrant Petition Based on Blanket L Petition, and send it abroad to the employee along with a copy of the blanket petition Approval Notice and other required evidence, so that the employee may present it to a consular officer.

See 8 CFR 214.2(l)(4) and 8 CFR 214.2(l)(5) for more details regarding blanket petitions.

E2 – VISA

The E-2 non-immigrant classification 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 United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. (For dependent family members, see “Family of E-2 Treaty Investors and Employees” below.)

See the U.S. Department of State’s Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.

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Who May File for Change of Status to E-2 Classification

If the treaty investor is currently in the United States in a lawful non-immigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful non-immigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

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How to Obtain E-2 Classification if Outside the United States

A request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States.  Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 non-immigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 non-immigrant.

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General Qualifications of a Treaty Investor

To qualify for E-2 classification, the treaty investor must:

• Be a national of a country with which the United States maintains a treaty of commerce and navigation

• Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States

• Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device
  
  

An investment is the treaty investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The treaty investor must show that the funds have not been obtained, directly or indirectly, from criminal activity. See 8 CFR 214.2(e)(12) for more information.

A substantial amount of capital is:

• 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
  
  

A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction.

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Marginal Enterprises

The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.  See 8 CFR 214.2(e)(15).

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General Qualifications of the Employee of a Treaty Investor

To qualify for E-2 classification, the employee of a treaty investor must:

• Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)

• Meet the definition of “employee” under relevant law

• Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications
  
  

If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must be maintaining non-immigrant treaty investor status.

If the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as non-immigrant treaty investors.

See 8 CFR 214.2(e)(3)(ii).

Duties which are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it. See 8 CFR 214.2(e)(17) for a more complete definition. Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement. 

These include, but are not limited to:

• The degree of proven expertise in the employee’s area of operations

• Whether others possess the employee’s specific skills

• The salary that the special qualifications can command

• Whether the skills and qualifications are readily available in the United States
  
  

Knowledge of a foreign language and culture does not, by itself, meet this requirement. Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date. See 8 CFR 214.2(e)(18) for a more complete definition.

Period of Stay

Qualified treaty investors will be allowed a maximum initial stay of five years. Requests for extension of stay may be granted in increments of 2-5 years each. There is no maximum limit to the number of extensions an E-2 non-immigrant may be granted. All E-2 non-immigrants however must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 non-immigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Terms and Conditions of E-2 Status

A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.

An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:

• Relationship between the organizations is established

• Subsidiary employment requires executive, supervisory, or essential skills

• Terms and conditions of employment have not otherwise changed
  
  

See 8 CFR 214.2(e)(8)(ii) for details.

USCIS must approve any substantive change in the terms or conditions of E-2 status.  A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization. The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee.  The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.

It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.

See 8 CFR 214.2(e)(8) for more information on terms and conditions of E-2 treaty investor status.

A strike or other labor dispute involving a work stoppage at the intended place of employment may affect a Canadian or Mexican treaty investor or employee’s ability to obtain E-2 status. See 8 CFR 214.2(e)(22) for details.

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Family of E-2 Treaty Investors and Employees

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 non-immigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.

If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.

As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.

EB-5 VISA

The EB-5 visa is seen by many as a route to a Green Card. The minimum investment to apply for an EB5 is currently $500,000 or $1,000,000, dependent upon the location of the investment. This type of visa needs to be carefully considered as there are several options available to you. You will need to confirm which regional program best suits your needs.

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We have excellent attorneys and/or consultants in place to help gather all of the documentation immigration will require. They will put together a package for you to submit to immigration. They can also help you set up a corporation here in the USA and write a business plan to go with your application.

For more information about your visa options please call us on 407-908-4663 or email susan@flbusinesses.com