Your SlideShare is downloading. ×
0
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
E 2 powerpoint presentation final - 3-1-14
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

E 2 powerpoint presentation final - 3-1-14

355

Published on

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
355
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
9
Comments
0
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide
  • FaM
  • FAM
  • Ex: Ten shareholders each own 10% of the stock in a trading company. Five of them are nationals of Pakistan, the others are nationals of other countries. The company qualifies because 50% of the shareholders are nationals of the treaty country. Three French nationals are equal owners of a company making investments in the United States. Two of the French nationals are U.S. permanent residents. In this situation, the investing company is not majority-owned by qualified nationals of a treaty country, and the company does not have French nationality.
  • Once the nationality is chosen, all owner and E visa employees must possess the nationality of the single E visa qualifying country (even if they possess the nationality of another E visa country).
  • Possession and Control of the FundsInheritance of a business does not constitute an investment. Source of funds can be either from outside of the USA or inside. Investment Connotes RiskIf the business goes bad and the funds are not subject to partial or total loss, then it is not an “investment”Funds must be irrevocably committed. Mere intent to invest, or uncommitted funds in the bank account, or even prospective investment arrangements entailing no present commitment, will not suffice
  • Department of State- Office of Immigration Statistics
  • Consulate General Of the United States – Toronto - CanadaQ: Do I really have to invest the money before I apply for the visa? Can't you issue me the visa first?A: E-2 visa regulations require that the funds be "irrevocably committed" to the investment before the visa may be issued. Therefore, you must demonstrate that your investment meets this criterion when you apply for an E-visa; this is usually accomplished by showing that your funds are already at risk. Funds can be considered to be irrevocably committed, however, if they are held in an escrow account contingent only on the issuance of an E-visa.Q: How do I start a business if I don't have the visa?A: You may enter the United States in B-1 status in order to set up (not run) your business. You may not be paid in the U.S. while in B-1 status. If your enterprise requires someone to manage or run daily operations, you may hire individuals who are already legally allowed to work in the U.S. prior to receiving your E-visa. Once you have made the initial commitment of your funds, you should apply immediately for the E-visa.Q: Where can I get information about good places to invest in the U.S.?A: We do not have regional or state business and economic information. The U.S. government's trade function promotes exports, not inward investments, which is left to state and local governments. Please contact state offices of economic development and local chambers of commerce for economic forecasts and similar information. Additionally, several U.S. state governments maintain economic development offices in Toronto and Montreal, which may be able to assist potential investors.Q: What licenses and permits do I need to open and run a business in the U.S.?A: Licensing and permit requirements in the U.S. fall mainly under state and local law, and vary with the type of business you wish to operate. For specific information, please contact the appropriate government offices in the locality where you plan to start your business. Q: My spouse and/or children are citizens of a country other than my own. Can they still accompany me?A: The spouse and children (defined as unmarried and under 21 years of age) do not need to have the same citizenship as the principal applicant. However, dependents of E-visa holders are required to have visas in order to accompany the principal applicant to the United States.Q: Can anyone apply for an E-visa in Toronto?A: Only Canadian citizens and landed immigrants in Canada from a qualifying treaty country may apply for an E-visa in Toronto provided they are residents of Ontario, Manitoba, New Brunswick, Newfoundland, Northwest Territories, Nova Scotia, Nunavut, Prince Edward Island, Quebec and Saskatchewan.Q: Do I have to come to Toronto to apply in person?A: Yes. Each E-visa applicant, assuming they are applying from within the Toronto E-visa District, including dependents, must appear in person before a consular officer. In all cases, regardless of age, each applicant must be physically present in Canada at the time of application.Q: Should I apply at the consulate or change of status in the USA? A change of status with DHS does not automatically grant E-visa status. If you have been granted a change of status and leave the U.S., in most cases, you must qualify for an E-visa in order to return to the U.S. in that status. To obtain an E-visa, you may apply in the normal manner with us by following the instructions on our website. A change of status will not speed up adjudication or otherwise expedite your E-visa application.
  • Transcript

    • 1. FAKHOURY LAW GROUP E-2 INVESTOR VISA IMMIGRATION SEMINAR March 1st, 2014 © 2014, Fakhoury Law Group, PC
    • 2. Disclaimer _______________________________________________________ The materials contained in this PowerPoint do not constitute direct legal advice and is for informational purposes only. An attorney-client relationship is not presumed or intended by receipt or review of this presentation. The information provided should never replace informed counsel when specific immigrationrelated guidance is needed. © 2014, Fakhoury Law Group, PC
    • 3. About Us _______________________________________________________ • Founded in 1997 - Global staff of over 60 attorneys, paralegals and immigration consultants • Premier-AV Rated Immigration law Firm • Leaders in providing Global Immigration Services for over 100 countries • Multi-national presence with offices and partners around the globe Exceptional Legal Expertise Lean Processes and Technology Outstanding Value Proposition • ISO 9001-2008 certified © 2014, Fakhoury Law Group, PC
    • 4. Introduction to E-2 Investor Visa Category _______________________________________________________ An E-2 treaty investor visa is a nonimmigrant visa that enables 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 based on an investment he or she will be controlling while inside the United States. © 2014, Fakhoury Law Group, PC
    • 5. E-2 Investor Visa Requirement _______________________________________________________ In order to qualify for E-2 Investor Visa: 1) 2) 3) 4) 5) 6) 7) 8) Requisite treaty must exist; Individual and/or business possess the nationality of the treaty country; Applicant has invested or is actively in the process of investing; Enterprise is a real and operating commercial enterprise; Applicant's investment is substantial; Investment is more than a marginal one solely for earning a living; Applicant is in a position to "develop and direct" the enterprise; Applicant, if an employee, is either in a managerial position or possesses essential skills to the firm's operations in the U.S.; and 9) Applicant intends to depart the United States when the E-2 status terminates. Source: 9 FAM 41.51 N1.2 © 2014, Fakhoury Law Group, PC
    • 6. Requisite treaty must exists between USA and … _________________________________________________________ Africa Cameroon Congo Europe (Brazzaville) Albania Congo Armenia Austria (Kinshasa) Azerbaijan Egypt Belgium Ethiopia& Bosnia Herzegovina Liberia Bulgaria Morocco Croatia CzechSenegal Republic Togo Denmark Tunisia Estonia Asia Bahrain Bangladesh China (Taiwan) Iran Japan Jordan Kazakhstan Kyrgyzstan Mongolia Oman Pakistan Philippines Singapore South Korea Sri Lanka Thailand Turkey Europe Kosovo Albania Latvia Armenia Lithuania Austria Luxembourg Azerbaijan Macedonia Belgium Moldova Bosnia & Herzegovina Montenegro Netherlands Bulgaria Norway Croatia Poland CzechRomania Republic Serbia Denmark SlovakEstonia Republic Finland Slovenia France Spain Georgia Sweden Germany Switzerland Ireland Ukraine Italy U.K Yugoslavia North America Canada Costa Rica Grenada Honduras Jamaica Mexico Panama Trinidad & Tobago Oceania Australia Finland South America France Argentina Georgia Bolivia Germany Ireland Chile Italy Colombia Kosovo Ecuador Latvia Lithuania Paraguay Luxembourg Suriname Macedonia Moldova Source: http://travel.state.gov/content/visas/english/fees/treaty.html# Montenegro Netherlands E-2 Treaty Countries © 2014, Fakhoury Law Group, PC
    • 7. Individual and/or Business must Possess the Nationality of the Treaty Country _______________________________________________________ Individuals: • The nationality of the individual is determined by the authorities of the country of which the Foreign National claims nationality; • National of the treaty country MUST own at least 50% of the business; • Foreign Nationals who are also U.S. permanent residents cannot be counted toward determining at least 50% ownership. Business: • The nationality of a business is determined by the nationality of the individual owners of that business; • The country of incorporation is irrelevant to the nationality requirement for E visa purposes; • Both individual and company must satisfy the 50% rule. Source: 9 FAM 41.51 N3.1 © 2014, Fakhoury Law Group, PC
    • 8. Dual Nationality of the Treaty Investor _______________________________________________________ • A business can only have one qualifying nationality for E-2 visa status. Unless, the enterprise is owned and controlled equally (50/50) by nationals of two treaty countries. • For dual national owner(s), a choice must be made as to which nationality should be used. • Once the nationality is chosen, all owners and E visa employees must possess the nationality of the single E visa qualifying country (even if they possess the nationality of another E visa country). • When a company is equally owned and controlled by nationals of two different treaty countries, employees of either nationality may obtain E visas to work for that company. Source: 9 FAM 41.51 N3.3 © 2014, Fakhoury Law Group, PC
    • 9. Applicant Must Invest or be in the Process of Investing _______________________________________________________ Possession and Control of the Funds • Applicant must demonstrate possession and control of the funds, including the funds already invested in the enterprise (Ex. Savings, gift, inheritance, etc.) • Inheritance of a business does not constitute an investment; • Source of funds can be either from outside of the USA or inside. Investment Connotes Risk • Foreign National investment must be at risk • If the business goes bad and the funds are not subject to partial or total loss, then it is not an “investment;” • Funds must be irrevocably committed; • Mere intent to invest, or uncommitted funds in the bank account, or even prospective investment arrangements, entailing no present commitment, will not suffice. Source: 9 FAM 41.51 N8.1-1 © 2014, Fakhoury Law Group, PC
    • 10. Qualifying Investment vs. Non-Qualifying Investment _______________________________________________________ Qualifying investments Non-qualifying investments Loans secured by the investor’s own assets, Mortgage debt or other loans secured such as a mortgage on his or her real property. by the enterprise assets. Unsecured loans granted on the basis of the Loans for which the lending institution investors signature. has recourse against a guarantor in the event of nonpayment by the investor. Value of purchased equipment and property. Cash not held in reserve by the corporation, such as cash held in personal bank accounts. Cash reserves placed in a business account at the disposal of the business for purchase of equipment, property, or start-up inventory. (Note: cash reserves alone, without evidence that the business enterprise has been undertaken, will not satisfy the requirement of an “active” investment.) Rental payments, inventory purchases, and other recurring costs beyond startup of the enterprise. Such costs are assumed to be paid out of income generated by the enterprise, and are not a part of the investment attributable to the investor. © 2014, Fakhoury Law Group, PC
    • 11. Business Loans and Indebtedness _______________________________________________________ Q. Does mortgage debt or commercial loans secured by the assets of the enterprise count towards the investment? A. No, because there is no requisite element of risk. For example, if the business in which the Foreign National is investing is used as collateral, funds from the resulting loan or mortgage are not at risk, even if some personal assets are also used as collateral. Q. What does count toward the investment? A. Only indebtedness collateralized by the Foreign National’s own personal assets, such as a second mortgage on a home, or unsecured loans, such as a loan on the Foreign National personal signature may be included, since the Foreign National risks the funds in the event of a business failure. © 2014, Fakhoury Law Group, PC
    • 12. Enterprise must be a real operating commercial enterprise ______________________________________________________ • The enterprise must be real a and active commercial enterprise; • The enterprise must produce some service or commodity; • The enterprise cannot be a paper organization or an idle speculative investment; • The enterprise must be for profit, thus, eliminating non-profit organizations from consideration for the E-2 category. © 2014, Fakhoury Law Group, PC
    • 13. Applicant's investment is substantial _______________________________________________________ • No set dollar figure constitutes a minimum amount of investment to be considered "substantial" for E-2 visa purposes; • The investment must be sufficient to ensure the treaty investor's financial commitment to the successful operation of the enterprise; and • Investment must be proportionally substantial: • Proportionality Test: • The amount of qualifying funds invested, and the cost of an established business; or • If a newly created business, the cost of establishing such a business. Source: 9 FAM 41.51 N10.2 © 2014, Fakhoury Law Group, PC
    • 14. Substantial Investment Sliding Scale _______________________________________________________ The sliding scale that is sometimes used by the Consular Officers: Total value of business or cost to start new business Minimum percentage of investment required Less than $500,000 75 % $500,000 to $3,000,000 50 % More than $3,000, 000 30 % Although, this scale is not cited in the Immigration and Naturalization Service and Department of State regulations, it may still be used as a benchmark in making an initial assessment as to whether an investment is substantial. (Note: The scale is only a guideline. Investments must still be evaluated on a case-by-case basis for adequacy. Small-scale investments may still be acceptable, including ones smaller than $100,000, if the amount invested represents nearly all of the total value of the business or the start-up costs.) © 2014, Fakhoury Law Group, PC
    • 15. Investment must be more than marginal _______________________________________________________ The investment must not be solely for the purpose of earning a living for the investor and his or her family. The marginality of an investment enterprise is measured by its capacity to employ U.S. workers other than the investor and his or her family members. Determining if the investment is marginal: • Is the business enterprise the type that of necessity, will require employees beyond the investor in order to operate? • Will the business be conducted on a scale that will assure this employment? • Can reliable projections of income be made that show that sufficient funds will be generated beyond a living wage for the investor, such that money will be available to pay salaries to U.S. workers? © 2014, Fakhoury Law Group, PC
    • 16. Applicant is in a position to "develop & direct" the enterprise _____________________________________________________ In accordance with Section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (INA), it must be shown that a national (or nationals) of the treaty country, through ownership, or by other means; develop and direct the activities of the enterprise. The type of enterprise being sought will determine how this requirement is applied. © 2014, Fakhoury Law Group, PC
    • 17. Employer Qualification _______________________________________________________ In order to qualify to bring an employee into the United States under INA 101(a)(15)(E), several criteria must be met: a) The prospective employer must meet the nationality requirement. If the employer is an individual, the employee must be of the same treaty country. If the employer is a corporation or other business organization, at least 50 % of the ownership must have the same nationality as the treaty country; b) The employer and the employee must have the same nationality; and c) The employer, if not a resident abroad, must be maintaining “E” status in the United States. © 2014, Fakhoury Law Group, PC
    • 18. If E-2 applicant is an employee: must work in managerial position or must possess essential skills applicable to the firm’s operations _______________________________________________________ Two classes of employees may be accorded treaty-investor status: 1. Treaty nationals serving in a managerial capacity, 2. Treaty nationals who serve in technical capacities, requiring special training and qualifications, and who are needed to: • Establish the enterprise (start-up); • Train or supervise persons serving in technical positions, such as manufacturing, maintenance, or repair technicians; and • Continuously monitor and develop product improvement and quality control. When employees are brought to the U.S. for start-up of the enterprise, it is expected that once start-up has been completed, U.S. workers will be trained to fill these positions. © 2014, Fakhoury Law Group, PC
    • 19. Factors to determine if the employee is essential _______________________________________________________ • • • • • The employee’s degree or proven expertise in area of operations; The uniqueness of the specific skills; The function of the job to which the applicant is destined; The salary such special expertise will command; The employees skills need to be indispensable to the success of enterprise; • The availability of U.S. workers. Factors that are not material as to whether the employee is essential: • Knowledge of a foreign culture; • Knowledge of a foreign language; or • Previous employment with the company. © 2014, Fakhoury Law Group, PC
    • 20. Applicant intends to depart the United States when the E-2 status terminates _______________________________________________________ • Applicant must have an intent to depart the U.S. upon termination of status. • Applicant does not need to keep a separate residence in a foreign country. • Applicant may sell his/her residence and move household effects to the U.S. © 2014, Fakhoury Law Group, PC
    • 21. Spouses and Children of E-2 Investor _______________________________________________________  The spouse of an E-2 investor is entitled to derivative status in the same classification as the principal applicant.  The spouse of an E-2 investor can apply for work authorization after entering the U.S. with an E-2 visa.  The children under 21 can also accompany their parents to the U.S. on an E-2 visa.  The children can attend school in the U.S. in E-2 status. © 2014, Fakhoury Law Group, PC
    • 22. E-2 Statistics _______________________________________________________ E-2 Treaty Investor Visas Issued FY 2008-2012 2008 2009 2010 2011 2012 28,588 24,033 25,500 28,245 31,942 Worldwide E-2 Workload FY 2012 Issued Refused Total Workload Waived/Overcome 31,942 7,115 39,057 4,538 Source: http://www.travel.state.gov/content/visas/english/law-and-policy/statistics/non-immigrant-visas.html © 2014, Fakhoury Law Group, PC
    • 23. E-2 Class of Admission (I-94 Only) FY 2012: Total 288,217 _______________________________________________________ State # I-94 State # I-94 State # I-94 State # I-94 Other Unknown Alabama 3,413 Hawaii 2,029 Minnesota 627 Ohio 7,192 127 31,028 Alaska 183 Idaho 190 Mississippi 325 Oklahoma 204 Arizona 3,092 Illinois 6,281 Missouri 471 Oregon 1,077 Arkansas 386 Indiana 2,988 Montana 332 Pennsylvania 2,777 California 50,949 Iowa 299 Nebraska 235 Texas 52,145 Colorado 1,323 Kansas 309 Nevada 1,254 Utah 264 Connecticut 1,869 Kentucky 2,943 New Hampshire 286 Vermont 561 Delaware 106 Louisiana 457 New Jersey 7,444 Virginia 2,572 District of Columbia 476 Maine 3,228 New Mexico 472 Washington 16,375 Florida 20,701 Maryland 1,120 New York 25,293 West Virginia 170 Georgia 4,862 Massachusetts 2,621 North Carolina 3,157 Wisconsin 536 Guam 1,684 Michigan 14,073 North Dakota 836 Wyoming 110 Source: http://www.travel.state.gov/content/visas/english/law-and-policy/statistics/non-immigrant-visas.html © 2014, Fakhoury Law Group, PC
    • 24. TOP Ten (10) E-2 Country Filers for FY2012 _______________________________________________________ Country E-2 Applicants Japan 10,130 Germany 3,847 South Korea 3,041 Mexico 2,938 Canada 2,221 Great Britain 1,979 France 1,741 Spain 1,042 Italy 924 Sweden 347 Source: http://www.travel.state.gov/content/visas/english/law-and-policy/statistics/non-immigrant-visas.html © 2014, Fakhoury Law Group, PC
    • 25. Advantages of E-2 Investor Visa _______________________________________________________  Can start up company or buy existing company;  Can operate business and live anywhere in the USA;  No immediate job creation requirement;  Immediate work authorization for yourself;  Length of visa is 5 years;  E-2 visa can be renewed indefinitely;  Spouse receives work authorization;  Children under 21 can attend school in the USA;  No Employer sponsorship required; and  Apply directly at a Department of State (DOS) embassy or consulate. © 2014, Fakhoury Law Group, PC
    • 26. SPECIAL GUEST _______________________________________________________ Consular Officer JP LAI U.S. Consulate General Toronto • http://toronto.usconsulate.gov/ © 2014, Fakhoury Law Group, PC
    • 27. Q&A _______________________________________________________ Q. Do I really have to invest the money before I apply for the visa? Q. Can't you issue me the visa first? Q. How do I start a business, if I don't have the visa? Q. Where can I get information about good places to invest in the U.S.? Q. What licenses and permits do I need to open and run a business in the U.S.? Q. My spouse and/or children are citizens of a country other than my own. Can they still accompany me? Q. Can anyone apply for an E-visa in Toronto? Q. Do I have to come to Toronto to apply in person? Q. Should I apply at the consulate or file a change of status application in the U.S.? Source: http://toronto.usconsulate.gov/visas/treaty-trader-visas/treaty-trader-and-investor-visas-faqs.html © 2014, Fakhoury Law Group, PC
    • 28. THANK YOU! 3290 West Big Beaver Road, Suite 510, Troy, MI 48084 Phone: 248-643-4900 Fax: 248-643-4907 Rami@employmentimmigration.com Syeda@employmentimmigration.com www.employmentimmigration.com www.investorvisas.net © 2014, Fakhoury Law Group, PC

    ×