What are the legal requirements for business or invenstment immigration? 3 Answers as of December 28, 2010

Can you tell me what are the requirements for investor immigration currently? As well as requirements for business immigration?

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
The visa of which you are speaking, if you are speaking of a green card, is what is known as an E-5 (there are E-1 and E-2 treaty trader/investor non-immigrant visas, not as attractive) work visa. To obtain an E-5 visa, this is what are the basic requirements:

1) Have an investment of $1,000,000 (or $500.000 if it is in an economically-depressed area);
2) Be able to hire at least 10 U.S. workers (family not included);
3) Have a business directly engaged in trading in the U.S. market;
4) Be involved in the day to day management and policy-setting (either as an executive officer or as a board member).

Both you and your family may qualify for the visa itself, and are expected to move to the U.S. The initial visa is a conditional residency lasting two years, the renewal of which must begin at least 90 days prior to the end of the second year, and if the visa is granted, the visa becomes a permanent legal resident visa. The details of obtaining and maintaining the E-5 are far more complex than that, and the legal fees (beside the government's fees, which can run more than $5,000, or possibly double that for a family of four), will certainly run well into excess of $20,000, counting the fees for a typical application process from completing the business plan to final removal of conditions on the green card. The typical amount of time is 6-12 months from initial filing to grant of the conditional E-5 visa. If you have other questions, or would like to discuss how we can be of help, call or e-mail me to set up an in-person or phone consultation.
Answer Applies to: California
Replied: 12/28/2010
Fletcher, Tilton & Whipple, PC
Fletcher, Tilton & Whipple, PC | Kirk A. Carter
This questions is incredibly broad, so the answer unfortunately must be broad as well. There are a variety of immigrant (permanent) and non-immigrant (temporary) visa categories and programs which address business and investor issues within the Immigration and Nationality Act. The non-immigrant visa provisions allow for specialty workers with four year degrees to enter the US in H-1B visa status for up to 4 years, for intra-company transferees to enter the US in L-1 status, for investors and traders from certain countries with bi-lateral trade and investment treaties to enter the country in the US under the E visa category just to name a few. In addition, employers can in some instances sponsor key employees for green cards by proving that they are extraordinary, or by advertising and showing that they can't find qualified available American's to do the job. There is also an employment creation visa program which allows investors who invest either $1,000,000 ($500,000 in certain depressed areas or in regional centers) in a business that will generate 10 jobs for American Workers to in essence buy themselves a green card. This is just the tip of the iceberg in what is a highly complex area of the law, where I spend most of my time dealing with HR professionals from various companies assisting them in securing visas for their key employees and executives.
Answer Applies to: Massachusetts
Replied: 12/8/2010
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
Thank you for your questions. Our firm specializing business-related immigration. There are different types of investment-based or business-based immigration. Generally speaking, you are required to invest 1 Million dollars and create 10 jobs or invest 50 million in regional centers qualified by government.

However, if you don't have that kind of money, or you don't want to invest that kind of money, you are more than welcome to contact us, we have a strategy for you to get green card in about 2 years.
Answer Applies to: Florida
Replied: 12/7/2010
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