Immigrant related Frequently Asked Questions
I own and operate a business that has
an annual turnover of $1.34 million. I want to open a branch
in The United States. Can I do that? Can I get a green card
later on this basis?
Basic
Requirements for Obtaining an Investor Visa
To qualify for immigrant investor status, the investor
must:
(1) invest or be actively in the process of investing at least
$1 million dollars in the enterprise,
(2) the capital invested must be obtained through lawful means,
(3) the enterprise must benefit the US economy and must create
full-time employment for not less than
ten US workers,
(4) the investment must be made in a "new commercial
enterprise" or a "troubled business,".
(5) the investor must be engaged in the management of the
enterprise either through day-to-day
managerial control or through the formation
of policy for the business. The amount of
investment can be lowered if the area where
the investor seeks to invest is in a rural area that is
experiencing at least 150% of the nations average rate of
unemployment. In this case, the
required investment amount drops to $500,000.
However, if the investor seeks to invest in an
area that has unemployment rates significantly
below the national average, the investment
amount required may be set as high as $3
million.
L-1 Visa
The investor may also try to qualify under the L-1 visa
program. The branch that is opened in the United States may
sponsor the investor for an L-1 visa. In order to obtain L-1
status, the investor must have worked abroad for the overseas
affiliate of the new US Company seeking to sponsor him, for
a continuous period of one year in the preceding three years.
The company must be a qualifying organization (one that is
doing business in the United States and at least one other
country during the whole period of the proposed transfer of
the alien). The alien to be transferred (the investor, in
this case) must have been employed abroad in an "executive"
or "managerial" position involving "specialized
knowledge." The alien must also be coming to the US to
fill a position involving the above capacities. The alien
must be qualified for the position by virtue of prior experience
or education. Finally, the alien must intend to depart the
United States upon completion of the authorized stay (including
extensions), however, the alien may pursue permanent resident
status at the same time.
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