Presentation is loading. Please wait.

Presentation is loading. Please wait.

Ksenia A. Maiorova, Esq. Managing Partner, Maiorova Law Group, PLLC www.kmimmigration.com Orlando: (407)705-3345 Miami: (305)239-9311.

Similar presentations


Presentation on theme: "Ksenia A. Maiorova, Esq. Managing Partner, Maiorova Law Group, PLLC www.kmimmigration.com Orlando: (407)705-3345 Miami: (305)239-9311."— Presentation transcript:

1 Ksenia A. Maiorova, Esq. Managing Partner, Maiorova Law Group, PLLC www.kmimmigration.com Orlando: (407)705-3345 Miami: (305)239-9311

2 Family Immigration Employment Immigration Asylum Diversity Visa Lottery Extraordinary Ability Investment

3 L-1A visa for Management/Executive level or “Specialized Knowledge” transferees E1/E2 visa for treaty traders and treaty investors EB-5 visa – the “million dollar green card”

4 Non-immigrant visa (does not immediately accord permanent residency) Designed to transfer key personnel either – within a company that has both U.S. and foreign offices; or – between a foreign company and an “affiliate” entity in the U.S.

5 Transferee must be either a Manager or Executive (L1- A visa) or have worked in a “Specialized Knowledge Capacity” in the foreign company (L1-B visa) U.S. company to which the person is being transferred must be a subsidiary, branch, affiliate or joint venture partner of the foreign company Transferee must have been employed for a minimum of 1 of the last 3 years by the foreign entity as an Executive/Manager or in a “Specialized Knowledge Capacity”

6 Legally work in the United States for L-1 sponsor (does not have to be in the same capacity as in the company abroad) Travel in and out of the United States Bring spouse and children under 21 to the U.S. Spouse (but not children) may work in the U.S.

7 Managers and Executives in L-1 status may apply for Permanent Resident Status (“Green Card”) after one year Green Card available to L-1 transferee and spouse and children under 21

8 Managers/Executives can apply for Permanent Resident status after 1 year in L-1 status No minimum investment requirement If green card is granted, it is NOT a conditional green card No need to go through difficult Labor Certification process to obtain green card

9 No path to green card for Specialized Knowledge transferees Limited duration status – 7 years for Managers/Executives – 5 years for Specialized Knowledge Must have own business, or be employed by business willing to transfer

10 Only available to citizens of certain countries – Full list available on Department of State website, at: http://travel.state.gov/content/visas/en/fees/treaty.html http://travel.state.gov/content/visas/en/fees/treaty.html – Tip: check spouse’s country of residence for eligibility Two subtypes: – E-1 for treaty traders – E-2 for treaty investors

11 E-1 Visa – Treaty Trader – Available to nationals of certain countries who come to the U.S. to engage in “substantial trade” between the treaty country and the U.S. E-2 Visa – Treaty Investor – Develop and direct the operations of an enterprise in which investor has invested/is actively in the process of investing a substantial amount of capital

12 No minimum investment amount – relatively small investment amount can qualify under certain circumstances Renewable indefinitely as long as the business is operating Spouse gets unrestricted Employment Authorization Spouses and children under 21 may attend school

13 Not every country has a qualifying treaty No direct path to a green card No protections for children who reach the age of 21

14 Invested or actively in process of investing – $500k in a rural area or targeted economic area – Otherwise, investment min. is $1M – Funds must be “at risk” Creating 10 full time jobs (35 hours per week) – direct job creation – Through RC’s, indirect job creation using reliable economic modeling methodology

15 Must be approved by the USCIS – Approval of center does not guarantee approval of petitions or ROI Variety of projects available Advantages: – (usually) reduced investment amount, plus no day-to- day management of business – Investor and family can live and work anywhere – Indirect job creation

16 Must be approved by the USCIS – Approval of center does not guarantee approval of petitions or ROI Variety of projects available Advantages: – (usually) reduced investment amount, plus no day-to- day management of business – Investor and family can live and work anywhere – Indirect job creation

17 Relatively high investment amount Investment does not guarantee a specific ROI Risk of loss of initial capital investment – invested funds must be “at risk” No guarantee that investor will receive conditional or permanent green card

18 Investor should engage advisors – Financial Advisor – ROI, exit strategy, business sensibility of investment – Business plan writer with experience writing business plans for immigration – Tax Advisor – Immigration Attorney – not notary, document preparer, “consultant”, or any other non-lawyer


Download ppt "Ksenia A. Maiorova, Esq. Managing Partner, Maiorova Law Group, PLLC www.kmimmigration.com Orlando: (407)705-3345 Miami: (305)239-9311."

Similar presentations


Ads by Google