VISA

These are common ways of visiting the United States.**

B VISA:
Business Visas B-1 - Temporary Visa – Temporary Visa for short visits. Such as survey potential sites for a business and/or to lease premises in US. Cannot remain in US to manage business.

Pleasure, tourism or medical treatment Visa (B-2) - Temporary Visa.

A B visa is one of a category of visas issued by the United States government to foreign citizens seeking entry for a temporary period. The two types of B visa are the B-1 visa, issued to those seeking entry for business purposes, and the B-2 visa, issued to those seeking entry for tourism or other non-business purposes. In practice, the two visa categories are usually combined together and issued as a "B1/B2 visa" valid for a temporary visit for either business or pleasure, or a combination of the two.

As with other non-immigrant U.S. visas, a B1/B2 visa has a validity period (from 1 to 10 years), allows for either one or multiple entries into the U.S, and elicits a period of stay (3–6 months) recorded by the Customs and Border Protection officer at the port of entry on the individual's form I-94.

Validity periods per country are listed in the U.S. Department of State Visa Reciprocity Tables and vary from 3 months for Iran, 1 year for China, 3 years for Russia, and 5 years for Australia, to 10 years for Argentina, Brazil, Hong Kong, India, Israel, Japan, Malaysia, Mexico, Singapore, South Africa and most European Countries.

Periods of stay for B-1 visas may be granted initially for a duration long enough to allow the visitor to conduct their business, up to a maximum of 6 months, and can be extended for another 6 months; B-1 visas usually granted for three months or less, while B-2 visas are generally granted for six months. Extensions are possible, provided the individual has not violated the conditions of their admission.

A Border Crossing Card (BCC), also called a laser visa, has a 10-year validity and functions as both a BCC and a B1/B2 visitor's visa.

Visa Waiver Program - 90 day Visa

Travelers coming to the U.S. for tourism or business for 90 days or less from qualified countries may be eligible to visit the U.S. without a visa if they meet the visa waiver program requirements. At the end of the 90 days, the visitor must leave.

E VISA:
E-2 Visa - Non-Immigrant Visa.

The E-2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must be renewed every two years, but there is no limit to how many times one can renew. The investment must be "substantial". Investor visas are available only to treaty countries, which include countries like Albania and Senegal, but do not include Brazil, Russia, India and China.

The dollar amount of the investment normally should exceed $200,000 depending on the type of business (new or existing), although cases have been made for smaller amounts. This is an approximated amount and applicants should consult an immigration lawyer prior to making any offers for existing business. The dollar amount should only be money spent on the business. Any expenses not directly spent on the actual business itself will not count toward the required amount.

For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The $200,000 dollar amount would not be a substantial investment for a business such as the construction and management of a shopping center or office complex. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCIS will use an ‘Inverted Sliding Scale’ to determine whether the investment is substantial in proportion to the overall cost of the enterprise.

Upon conclusion of the business, investors must return to their countries of origin, or change their status. The holder of an E-2 visa may leave the United States at any time.

EB-5 - Immigrant Visa

The EB-5 visa for Immigrant Investors is a United States visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a "Targeted Employment Area" - high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family. Initially, under the first EB-5 program, the foreign investor was required to create an entirely new commercial enterprise; however, under the Pilot Program investments can be made directly in a job-generating commercial enterprise (new, or existing - "Troubled Business"), or into a "Regional Center" - a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs. Regional Centers may charge an administration fee for managing the investor's investment.

If the foreign national investor's petition is approved, the investor and their dependents will be granted conditional permanent residence valid for two years. Within the 90 day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period.

In 1992, Congress created a temporary pilot program designed to stimulate economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. Under this pilot program, foreign nationals may invest in a pre-approved regional center, or "economic unit, public or private, which is involved with the promotion of economic growth, including increased export sales, improved regional productivity, job creation, or increased domestic capital investment". Investments within a regional center provide foreign nationals the added benefit of allowing them to count jobs created both directly and indirectly for purposes of meeting 10 job creation requirement.

** This information is for discussion and educational purposes only, and is not intended to be advice. Your situation and circumstances may differ. For more information on these programs and others information, or you would like to chat regarding your options, please contact me.

Arthur J. Riddle, Esq.

Direct: 858-272-1958 in the USA

Email: info@artriddle.com

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