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Immigrant INVESTOROPPORTUNITIES in real estateHOW TO INVEST IN THE US ANDOBTAIN A VISA OR GREEN CARD       #SDARexpo
Presented by Steven Riznyk                                  of SanDiegoBizLaw                                  “The CEO’s ...
INVESTORS- An Introduction•   This area of the law offers many    opportunities when other              •   Persons who lo...
INVESTORS-Overview            The three ways to accomplish this are:            •1.The L-1 visa (very hard to achieve). Th...
INVESTORS-L1 Visa                                       •   Client had to work as a manager                               ...
INVESTORS-L1• Manager or Exec can      • Exec: directs the  remain up to 7 years       management of a• A person with     ...
INVESTORS-L1 MANAGER                         • SPECIALIZED KNOWLEDGE• Manages the entire firm,       • There are 2 types o...
INVESTORS-L1•   BLANKET procedure is very       • Company has an office in the    handy                             U.S. &...
INVESTORS-E Visa•   Great visa b/c of flexibility of use•   Must be from a Treaty Country•   Cannot obtain Green Card w/o ...
E visa Treaty Countries•   ARGENTINA, ARMENIA (E2 only), AUSTRALIA, AUSTRIA, BANGLADESH (E2 only),    BELGIUM, BOLIVIA (E1...
INVESTORS-E•   E-1 is for import/export•   E-2 is for other business    investments                      •   Don’t need to...
INVESTORS-E E-1                                      E-2• Only international trade counts.    •   Money must be at risk (i...
INVESTORS-E                                        EMPLOYEES                                        • They must have clien...
INVESTORS-EB5•   Invest $1,000,000 or, if in an area of high unemployment, $500,000•   Good if you client not from a treat...
Investors-EB5•   The EB5 as a real-estate investment is a great alternative to Regional    Centers. However, more work is ...
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Investor Visa Talk

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Steven Riznyk, head lawyer at My Immigration Attorney, gives a talk about investor visas and how you can use them to immigrate to the USA.

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Investor Visa Talk

  1. 1. Immigrant INVESTOROPPORTUNITIES in real estateHOW TO INVEST IN THE US ANDOBTAIN A VISA OR GREEN CARD #SDARexpo
  2. 2. Presented by Steven Riznyk of SanDiegoBizLaw “The CEO’s First Call” (619) 677-5727 sr@SanDiegoBizLaw.comSteven Riznyk has been involved in immigration law for the last 25years, and leads a very unique firm. SanDiegoBizLaw is the first inthe country to combine business law and management consulting,allowing a broad spectrum to be drawn from when creating cases.Immigration is considered a division of business law, and theimmigrant investors very much enjoy the fact thatMr Riznyk studied Strategic Management at Harvard and was aconsultant in Business Process Re-engineering.As Mr Riznyk discovered when he moved to Italy for a year threeyears ago, being in a foreign country provides endless challengeswith tasks we take for granted back home. As a result, when heacts as a business consultant to his foreign investors, the E2 visaholders can save months, if not years in building a successfulentity. With over 2,000 contacts he developed in the past twoyears, Mr Riznyk has all the tools a foreign national needs tosucceed in the United States. He can be reached at (619) 793-4827 or www.SanDiegoBizLaw.com. #SDARexpo
  3. 3. INVESTORS- An Introduction• This area of the law offers many opportunities when other • Persons who lose their jobs can use this options are closed. For example, visa as a lifesaver. For example, if someone persons in the LGBT community cannot get an H1b visa because the quota as well as retirees. Often, they is full (ie 2014 fiscal year) or if they cannot have no other options, and locate an employer who will ‘sponsor’ investing is a perfect them, then they can create a company and opportunity; consider advertising the employer can be their client. to these potentials. • There is plenty of room for creativity with the investment visas. • There are 3 major investment vehicles: E, L, and EB5. My favorite is the L because it can lead to a rapid Green Card (1 year versus 6-8…details to follow). #SDARexpo
  4. 4. INVESTORS-Overview The three ways to accomplish this are: •1.The L-1 visa (very hard to achieve). The person must own a company in ‘any’ other country. For SDAR purposes, they should be an executive or manager. •2. The E-2 visa, a wonderful visa, but you must be from a treaty country or Australia. It never leads to a Green Card (ie permanent residency). There is a creative option our firm calls the reverse L-1 to achieve a Green Card, but it is laborious. •3. The Eb-5 for persons who invest $500,000 to $1 million in a company and employ 10 persons for 2 years. This leads directly to a Green Card but to me, it is a worst-case scenario option. #SDARexpo
  5. 5. INVESTORS-L1 Visa • Client had to work as a manager or executive OR a person with Specialized Knowledge. (Specialized Knowledge won’t apply for SDAR purposes)• The L-1 • As with all visas, intent must be• For Intracompany Transferees. temporary. Your client must have worked 1 • Despite sentence above, allows of the past 3 years abroad for them to apply for Green Card parent, branch, subsidiary or after 1 year in highest category, affiliate. (6 months if blanket called EB1 or Employment- filed). Based one.• Didn’t have to work in full-time • Dual Intent applies. but most of the time on a regular & systematic basis.• Affiliate relationship is very common - - majority of stock or ownership of both companies. #SDARexpo
  6. 6. INVESTORS-L1• Manager or Exec can • Exec: directs the remain up to 7 years management of a• A person with company or a major Specialized Knowledge component or can remain 5 years function of it. • Should have a lot of discretion. • Client is the brains, the direction of the firm and make important decisions. #SDARexpo
  7. 7. INVESTORS-L1 MANAGER • SPECIALIZED KNOWLEDGE• Manages the entire firm, • There are 2 types of dept. or higher Specialized Knowledge. organizational level, a • You can have SK of the the function, or component. way the company operates• Supervise and controls other (intrinsic) or supervisors, professionals, • You can have SK of the managers, or manages and product/service, essential function within a management, department or subdivision. research/equipment, and/or• Can hire, fire and/or methodologies of the recommend personnel company and the application directives. of that information in• Can exercise discretion over international markets (i.e. daily ops of an activity or the U.S. market the company function. is expanding to). #SDARexpo
  8. 8. INVESTORS-L1• BLANKET procedure is very • Company has an office in the handy U.S. & has conducted biz for• Person (=beneficiary) only one year need work for foreign • Fo2- profit companies only company 6 months • Company has minimum of 3• Downside is EP or EB-1 domestic & foreign Green Card is precluded if 12 branches/subsidiaries/ months working aboard did affiliates not happen • U.S. sales of $25 m, 1,000• Initial approval is 3 years employees or 10 L petitions approved in the last year (=12 mo period) #SDARexpo
  9. 9. INVESTORS-E Visa• Great visa b/c of flexibility of use• Must be from a Treaty Country• Cannot obtain Green Card w/o Reverse L1.• Indefinite renewals• Great for your clients (ie in Canada or Mexico who seek to retire in the United States)…contact people you know in Toronto, Vancouver, Edmonton, and Calgary and be the expert in this field! #SDARexpo
  10. 10. E visa Treaty Countries• ARGENTINA, ARMENIA (E2 only), AUSTRALIA, AUSTRIA, BANGLADESH (E2 only), BELGIUM, BOLIVIA (E1 only), BOSNIA-HERZEGOVINA, BRUNEI (E1 only), BULGARIA (E2 only), CAMEROON (E2 only), CANADA, CHINA (Taiwan), COLOMBIA, DEMOCRATIC REPUBLIC OF CONGO (formerly Zaire) (E2 only), REPUBLIC OF CONGO (E2 only), COSTA RICA, CZECH REPUBLIC (E2 only), DENMARK (E1 only), ECUADOR (E2 only), EGYPT (E2 only), ESTONIA, ETHIOPIA, FINLAND, FRANCE [includes FRENCH GUIANA, GUADELOUPE, MARTINIQUE, and REUNION], GEORGIA, GERMANY, GREECE (E1 only), GRENADA (E2 only), HONDURAS, IRAN, IRELAND, ISREAL (E1 ONLY), ITALY, JAMAICA, JAPAN, KAZAKHSTAN (E2 only), KOREA, KYRGYZSTAN (E2 only), LATVIA (E1 only), LIBERIA, LUXEMBOURG, MEXICO, MOLDOVA (E2 only), MONGOLIA (E2 only), MOROCCO (E2 only), NETHERLANDS [including ARUBA AND NETHERLANDS ANTILLES], NORWAY [excludes SVALBARD], OMAN, PAKISTAN, PANAMA (E2 only), PARAGUAY, PHILIPPINES, POLAND (E2 only), ROMANIA (E2 only), SENEGAL (E2 only), SLOVAK REPUBLIC (E2 only), SPAIN, SRI LANKA, SURINAME, SWEDEN, SWITZERLAND, THAILAND, TOGO, TRINIDAD & TOBAGO (E2 only), TUNISIA (E2 only), TURKEY, UKRAINE (E2 only), UNITED KINGDOM (applies to the British Isles, not the Republic of Ireland, yes to CHANNEL ISLANDS AND GIBRALTAR, and YUGOSLAVIA. #SDARexpo
  11. 11. INVESTORS-E• E-1 is for import/export• E-2 is for other business investments • Don’t need to define the time• Passive investments don’t you want to remain in the U.S. count (=stock market, a single but at some time in future house) intend to leave (strange).• • No proof of foreign residence Also allows for “Essential required. Employee”. • Best to get Green Card via spouse if client decides to live in US. (ie PERM) • Dual Intent applies • Some countries OK for E-1, some for E-2, and some for both. • If you client an employer, the company must be owned 50% or more by treaty nationals • UK only has special rule re being domiciled there. #SDARexpo
  12. 12. INVESTORS-E E-1 E-2• Only international trade counts. • Money must be at risk (invest• Can also trade services, banking, then apply). accounting, technology and • Future plans & business plans many other non-standard items. not enough.• 50% + of total trade must be • Condition precedent OK with b/w the treaty country and U.S. funds held in escrow with• Requires a volume of trade. One irrevocable commitment. big customer is not sufficient. • Client can bring in equipment and inventory. • Investment must be substantial (relative to the type of business). • No marginal investments allowed. • Greed is required (family rule). #SDARexpo
  13. 13. INVESTORS-E EMPLOYEES • They must have client’s• Client must Develop and Direct. nationality.• Client not meant to compete in • Must be supervisor or executive the skilled or unskilled markets. OR• Negative control is control but non-supervisor but Essential client must have controlling Employee [indispensable to the interest. success of the enterprise]. #SDARexpo
  14. 14. INVESTORS-EB5• Invest $1,000,000 or, if in an area of high unemployment, $500,000• Good if you client not from a treaty country and does not qualify for an L-1• Hire 10 U.S. workers for 2 years on a full-time basis (30 hrs/wk not 40)• Investment can be inventory, debt (not backed by the company), other assets. #SDARexpo
  15. 15. Investors-EB5• The EB5 as a real-estate investment is a great alternative to Regional Centers. However, more work is required by the investor. If you examine Canada, for example, many people are fans of real estate.• Canadian clients I have dealt with seem to be cash-rich and these are persons who would purchase motels, hotels, warehouses, strip malls, and other such entities…a great source of business.• Thank you all and all of us at SanDiegoBizLaw wish you the most successful year you have ever had. Here is an inspirational quote for you:• "A day dawns, quite like other days; in it, a single hour comes, quite like other hours; but in that day and in that hour the chance of a lifetime faces us."• Maltbie Babcock

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