Legal Requirements for Foreign Investors - IAR Multicultural Summit

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Mary Carmen R. Madrid-Crost, a lawyer, discusses the legal requirements for foreign investors in the U.S. market. (April 26, 2013)

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Legal Requirements for Foreign Investors - IAR Multicultural Summit

  1. 1. Impact of the Proposed ImmigrationBill on the Real Estate Industry InComparison to the Present LawPresented by:Mary Carmen R. Madrid-Crost, Esq.Founder, Madrid Crost Law Group
  2. 2. The Law Pertaining to ForeignBusinesses, Entrepreneurs and WorkersDefinition and DistinctionNon-Immigrant VisaTreaty Traders (spouse)Treaty Investors (spouse)Employment Generating Immigrant VisaEB-5
  3. 3. The Law Pertaining to ForeignBusinesses, Entrepreneurs and WorkersRequirements: E-1 and E-2 VisasE-1 (Treaty Trader)• national of a country with which the United Statesmaintains a treaty of commerce and navigation• carry on substantial trade• carry on principal trade between the United States andthe treaty country which qualified the treaty trader for E-1 classification.
  4. 4. The Law Pertaining to ForeignBusinesses, Entrepreneurs and WorkersRequirements: E-1 and E-2 VisasE-2 (Treaty Investor)• national of a country with which the United States maintains atreaty of commerce and navigation• Have invested, or be actively in the process of investing, asubstantial amount of capital in a bona fide enterprise in the UnitedStates• seeking to enter the United States solely to develop and direct theinvestment enterprise. This is established by showing at least 50%ownership of the enterprise or possession of operational controlthrough a managerial position or other corporate device.
  5. 5. The Law Pertaining to ForeignBusinesses, Entrepreneurs and WorkersTreaty Countrieshttp://travel.state.gov/visa/fees/fees_3726.htmlTreaty Countries for E-1 Only:Treaty Countries for E-2 OnlyTreaty Countries for both E-1 and E-2
  6. 6. The Proposed BillLegalization of Family MembersBusiness ImmigrationMore H-1BsSTEMGuest Worker ProgramAgricultural JobsVisas for Low-Skilled Workers
  7. 7. Consumer Protection andUnauthorized Practice of Law
  8. 8. Questions and Answers
  9. 9. About The Madrid Crost Law GroupThe Madrid Crost Law Group is an established law firm fullyconcentrating in immigration and naturalization law. For morethan 15 years, the Madrid Crost Law Group has been committedto delivering the highest quality of immigration compliancesolutions and legal defense to a broad spectrum of clienteleconsisting of individuals and business organizations withimmigration-related issues. The law firm attorneys are membersof the American Immigration Lawyers Association (AILA).Mary Carmen Madrid-Crost, Principal Attorney, is the 2012-2013 Chair of the American Immigration Lawyers Association’sNational Committee on Consumer Protection and UnauthorizedPractice of Law. She has led the committee to concentrate itsactivities on consumer education by popularizing the websitewww.stopnotariofraud.org. She was last year’s Chair for the AILAChicago Chapter’s Workplace Enforcement Committee.

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