An EB-5 reform bill has been circulating through Congress over the last few months. Although it is still passing from office to office, each making modifications to its language and terms, the bill is expected to be voted upon as part of the Omnibus Bill on March 11, 2022. Currently, there is much push and pull from both parties on provisions of the bill and whether to include it in the Omnibus Bill; however, we won’t know definitively what occurs until the date passes. Although the public does not know precisely what provisions will be included in the bill in its final iteration, a version of the bill leaked in February notifying us of a few changes we should likely expect: Increased investment amount required: The leaked bill includes an increase in the investment amount needed to file an EB-5 Visa petition from the current $500,000 and $1M to $700,000 and $850,000. The former amount would apply to projects in targeted employment areas, while the latter would apply to those not located in those areas. Notably, the former is an increase from the current $500,000 whereas the latter actually represents a decrease! EB-5 Regional Center Programs: It is expected that all EB-5 Centers will be reauthorized to conduct EB-5 Projects until 2027. However, the Centers will be required to complete an annual compliance certification that discloses the contact information and amount they pay out to their agents, investors, and numerous other team members. An Integrity Fund will be created to ensure that Regional Centers comply with the certification requirements and may monitor and conduct investigations while needed to comply with the requirements. Changes in terminology: The bill will redefine many terms, such as a targeted employment area, high unemployment area, and rural area. These are just some of the few terms expected to be redefined. However, there is a very high likelihood that many others will also be changed. Priority Processing for specific projects: A provision lists different types of projects and requirements that would qualify for priority processing. One of those placed on the list is projects regarding infrastructure development in rural areas. However, this list may be expanded further. Although none of the above provisions are yet set in stone, the general consensus amongst EB-5 stakeholders is that they are likely to pass. Once passed, we will be able to discern the reform changes in their entirety. However, if you, or someone you know, is thinking about filing an EB-5 Visa petition, it would be prudent to complete the petition before March 11th to lock in the $500,000 amount required in the current legislation in place. Keep in mind that different Visas may or may not be available to you depending on your citizenship or nationality. Therefore, it is critical that you speak to an experienced immigration professionals well in advance. To explore these options and many more, please contact us by email at info@ecouncilinc.com or by phone at 1-866-724-0085 e-Council Inc.’s website, newsletter, and other forms of communication contain general information about legal matters. The information is not legal advice and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from an attorney or other professional legal services provider. Please consult with an attorney or other professional services provider for specific questions about any legal matter.
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An L-1A classification allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the U.S.[1] Additionally, this category enables a foreign company which does not have an U.S. office to send an executive or manager to the U.S. with the purpose of establishing one.[2] In order to begin the application, the employer must file a Form I-129, Petition for a Nonimmigrant Worker.[3] In order to be successful in a petition for an L-1A Visa, certain forms of evidence must be submitted and the Business Plan is an essential component of this petition. In recent L-1A Requests for Evidence (RFE’s), USCIS made it clear that a vague Business Plan was insufficient to prove the “actual purpose, scope, and intention of the U.S. entity,” as required to secure an L-1A Visa. Specifically, USCIS established that it would look for the following elements in the Business Plan submitted to support the L-1A Visa petition: (1) competitive analysis; (2) market analysis; (3) required permits and licenses; (4) marketing strategy; (5) staffing requirements; (6) timetable for hiring; (7) job descriptions; and (8) sales, cost, and income projections. The above-referenced components almost mirror what needs to be included in an EB-5 Matter of Ho-compliant Business Plan. Attorneys nationwide are receiving similar RFE’s to the one detailed above, and many are having a difficult time explaining what is necessary to their clients since these are new requirements. It is clearly critical to provide the information that USCIS will need to approve an L-1A petition, and it is thus more important than ever to retain the services of professional Business Plan writers to either avoid or respond to such RFE’s. In conclusion, the L-1A Business Plan requirements are becoming increasingly onerous, and more closely aligned to those of an EB-5 Business Plan. Therefore, it is essential to hire the right team with a track record of success. The e-Council Global team boasts such a proven track record in designing USCIS- accepted and approved business plans! To find out about professional, well-researched, articulate, expository narrative Visa Business Plans, whether for L-1A, EB-5 or any other business-related Visa, as well as a variety of ancillary services, all of which are designed to specifically address USCIS’s concerns, contact e-Council Inc at Founder@ecouncilglobal.com. e-Council Inc.com’s website, newsletter and other forms of communication contain general information about legal matters. The information is not legal advice, and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about any legal matter you should consult your attorney or other professional legal services provider.
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Our company specializes in helping foreign nationals – especially Canadians and Brits – to immigrate and invest in the U.S. through assisting with all aspects of strategically choosing the right entity and business, building a business plan to suit your situation and walking you through the process of successfully applying for your visa. Our expert team of lawyers and other professionals have helped hundreds of clients successfully navigate the complex process of obtaining visas, and we can help you too! If you’re looking to invest in and/or immigrate to America but don’t know where to start, we are here to guide and advise you offering step-by-step White-Glove service throughout your process. From your initial 1:1 Strategy session all the way through to your visa application processing and beyond, our team is here for you every step of the way. Let us take care of everything so that you can focus on what matters most – growing your business and achieving success in America! Contact us today for a consultation with one of our experts!
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Many people are amid deciding on how to make the move to the United States and which Visa path suits them best. When making decisions about a path to embark on, it is necessary to underline what your priorities and reasons are for making the move. Different Visas have different requirements – while some may provide you with more reassurance of durability of stay, others may be more appropriate if you do not have the financial means to invest. This article seeks to delve into the general advantages and disadvantages of Investment Visas and Employment Visas. Although these are only discussed below, there are numerous other paths that you may want to consider before deciding which Visa is best for you. Investing Visas: Investing Visas – such as an E2 or EB-5 – are ideal if you are moving to the United States with your spouse, minor children, and have the financial means to invest in a business. These classes of Visas allow the flexibility of one spouse to be solely responsible for the business, while the other may work elsewhere if so desired. It is also ideal for families because it grants status reassurance to Visa holders for as long as the investment complies with its requirements alongside its successful renewal every 2-5 years – depending on the type of Visa. For families who want to make the move but are worried about having their status revoked out of concern of their children’s well-being – this maybe an optimal path for them. Once approved, you have the comfort of the guarantee that you can stay up to the amount of the approved time. Additionally, in many cases, you may even be able to apply under these classes of Visas while in the United States, giving you an added layer of flexibility with moving dates if you are looking to immigrate immediately. Employment Visas: Many Employment Visas – such as TN & H-1B – don’t provide as much flexibility or reassurance in comparison to Investment Visas. These Visas can be revoked upon termination of your employment, thus taking away the comfort of reassurance when attempting to make a permanent move for you and your family. However, these Visas may be an appropriate option for those who are not concerned about being uprooted at an unfavorable time or don’t currently have the financial means to invest in a business. Usually, these Visas may not be applied for once you have been within US borders, so timing and planning well in advance is a must to ensure that things run smoothly throughout the application process. Keep in mind that depending on your citizenship or nationality, different Visas may or may not be available to you. Therefore, it is prudent that you speak to an experienced immigration attorney well in advance to determine which path is ideal for you. To explore these options, and many more, please contact us by email at info@ecouncilinc.com or by phone at 1-866-724-0085 e-Council Inc.’s website, newsletter and other forms of communication contain general information about legal matters. The information is not legal advice and should not be treated as such. You must not rely on the information on this website as an alternative to legal advice from an attorney or other professional legal services provider. For specific questions about any legal matter please consult with an attorney or other professional services provider.
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It’s hard to start a business if you don’t have the right background or immigration status. You want to be an entrepreneur in the US, but it is challenging because of your lack of business experience and/or your immigration status. Most businesses require some kind of investment or capital and this makes it challenging for prospective immigrants to break into entrepreneurship. Without proper professional help, many people find themselves stuck between starting their own business and living paycheck-to-paycheck as they have always done. The Investing Across Borders professional team helps hopeful foreign national immigrant aspiring entrepreneurs to obtain E2 visas through the proper processes, including creating the proper entities, exploring business and investment options from real estate to franchises, evaluating business models and writing your business plan – and even walking you through the submission of your application to the proper authorities. There is no doubt that an E2 visa offers the best way to start your own company pursue your dream of being an entrepreneur, while demonstrating to the USCIS that your investment is at risk in a substantial business. Our holistic team has helped hundreds of clients from all over the world to secure various visa types including E2, E1, H1B and L1 visas, as well as TN Visas and EB5 Immigrant Investor green cards leading them to achieve permanent residency in America without having to leave! We also provide consultations on critical topics such as citizenship (naturalization), family-based petitions and new entrepreneur-oriented initiatives. Contact us today or Join our group on Facebook!
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When migrating to the United States, Canadians tend to want to explore investment Visa paths as they provide more reassurance for families to stay within borders than a Temporary Work Visa. Two of the most frequently requested visas are the EB-5, which provides a direct green card path, and the E-2, which does not offer the same direct path. To apply for one of the investment Visas, Canadians consider investing in Real Estate Property or a Business. Investing in Real Estate: Investing in Real Estate for an investment Visa is not always the best path towards obtaining Status, as the USCIS requires that your investment be “at-risk.” In contrast, Real Estate Property investments generally do not fall under this category. However, there are ways that the USCIS would consider your Real Estate at risk for Visa purposes. We will discuss three possible courses of action in this article. One way to obtain an investing Visa via Real Estate investment is to apply for the EB-5 Visa. If you purchase Real Estate Property to run your business from the property, you may be able to add this investment to your petition in conjunction with your business investment. This option is ideal for those who had a business before moving to the U.S. and either relocated or expanded it. Keep in mind that you will still need to satisfy all the requirements for the EB-5 Visa as well – which are not discussed in this article. A second option is to invest in an EB-5 Regional Center. These Centers sponsor numerous real estate development projects, including condominiums and hotels. A significant benefit of this option is that these Regional Centers must already comply with EB-5 requirements. Disadvantages include a minimal role in the investment process after investing in the project. A third option is to invest in real estate property under an E-2 Visa. This may be a feasible option if you already have a real estate business that purchases, sells, rents, and renovates property. This requires that your business manage many properties in tangent with one another throughout the entire calendar year. In addition to the above mentioned, you must also satisfy all the requirements for the E-2 Visa – which are not discussed in this article. Investing in a Business: Investing in a business can be nerve-racking, especially if you have never started your own business before. But there are many ways to invest in a business even if you have no business experience. More and more Canadians are leaning towards investing in franchises under the E-2 Visa. Franchise businesses provide applicants with more assistance and support in the operations and development process as they already have established businesses within the United States. Franchises also provide applicants with the benefit of knowing that the business is viable instead of speculating the success of opening your own business. However, this reassurance is never 100% guaranteed and should always be discussed with an immigration attorney and business expert before moving forward with the procedures. For Canadians who have an established business, the EB-5 Visa may be an ideal path to expand their enterprise in the United States. Applicants will have to satisfy the EB-5 requirements and any additional requirements if the business is in a targeted employment area. Canadians have also considered petitioning for an EB-5 when adding or including other partners to the Business. These Investment Visas can become very complex. Therefore, it is prudent that you speak to an experienced immigration attorney well in advance to determine which path is ideal for you before taking the next step. To explore these options and many more, please contact us by email at investingacrossborders1@gmail.com or phone at 1-866-724-0085. This article contains general information about legal matters. The information is not legal advice and should not be treated as such. You must not rely on the information as an alternative to legal advice from an attorney or other professional legal services provider. Please consult with an attorney or other professional services provider for specific questions about any legal matter.
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