Understanding the Top 5
Work/Investor
Visas for Foreigners
2
Planning from the start
Main issues your clients should be aware of:

US Taxes

Immigration
Taxes in U.S.
Most foreigners can be taxed on their worldwide income, regardless of
their immigration status
Tax on worldwide income applies to individual's who have Physical
Presence in U.S. Of:

183 days/year or more

120 days each year for 3 years
3
General U.S. Visa Categories
Work Visas
May have immigrant intent, non-immigrant intent
or “dual intent”
Vs.
Immigrant visas
Non-immigrant Visas
“Greencard”
Intent to reside permanently in U.S.
Temporary stay
Intent to reside temporarily in U.S.
4
Top 5 work/investor visas


B Visitor Visa – non-immigrant visa
L- I Intra-Company Transferee Transfer – work
Visa

H-I B Professional visa – work visa

E-1 Treaty treaty trader – work visa

E-2 Treaty Investor – work visa

EB5 Investor visa – immigrant visa
(“Greencard”)
5
B Visitor Visa


B I – Visitor for Business Visa, max 3 month
stay.
B2 – Visitor for Pleasure (Tourist Visa), max 6
month stay.
Advantage of B visa: client's status can be changed and/or
extended
6
Visa Waiver Program



No visa required for
nationals of some
countries
Must complete ESTA
prior to trip to US.
No extensions permitted
Andorra

Andorra

Luxembourg
Australia

Australia

Monaco
Austria

Austria

The Netherlands
Belgium

Belgium

New Zealand
Brunei

Brunei

Norway
Denmark

Denmark

Portugal
Finland

Finland

San Marino
France

France

Singapore
Germany

Germany

Slovenia
Iceland

Iceland

Spain
Ireland

Ireland

Sweden
Italy

Italy

Switzerland
Japan

Japan

United Kingdom
7
L- IA Visa
Intra-company Transferee





Client employed one year within the last three years at
company abroad
In Managerial or Executive Position
Company abroad needs to establish company in U.S.,
both entities need to be under same corporate control
Company abroad needs to continue operations
Dependents on L2: Spouse gets a work authorization
permit
8
L- IA Visa
Intra-company Transferee
Applicable to Potential Real Estate clients as
follows:


Small company owner
Company abroad does not need to have the
same operation as abroad; i.e. restaurant owner
abroad can operate courier business in US
9
L- IA Visa
Intra-company Transferee
Company Structure:
Shareholders
Shareholders
Company Abroad
X
Company U.S.
X
Y
Y
Or
Z
51%
Z
10
L- IA Visa
Intra-Company Transferee
Position of client needs to be Managerial or Executive
Manager:




Manages the company or a
department
Executive:
Directs the company
Supervise the work of others
In charge of setting goals
and company policies
Decision maker on daily
operations
Receives order from Board of
Directors
In charge of staffing the
company: hire/fire employees
Directs the operations of the
company
11
L- IA Visa
Intra-Company Transferee
Sample
Organizational
Chart
Client needs to
continue to
supervise personnel
in U.S.
12
L- IA Visa
Intra-Company Transferee
Advantages:




Can be transferred to US company to work until term
of Visa
Can work for the U.S. Company
Family: children can attend public/private schools.
Spouse has open work permit
Priority worker category for “Greencard”.
No Labor Certification Process & EBI => category is
Current (No “Greencard” Backlog).
13
L- IA Visa
Intra-Company Transferee
Limitations:

Visa is issued for a maximum of 7 years

Can only work for the petitioning company

At end of 7th year has to leave if not processed
“Greencard”
14
L-IA Visa
Intra-Company Transferee
Realtor opportunities of this visa:



Business brokering
Lease/purchase of premises to operate
business
Lease/purchase of home
15
H-I B Professional Visa


Clients with a college/university degree or
professional experience (equivalency)
Degree by Equivalency: USCIS recognizes I
year college degree = 3 yrs of professional
experience.
(12 years of professional experience = college
degree)
16
H-I B Professional Visa
Realtor opportunities with this visa:


It is an alternative for client who has children
over 21 with a degree, parent (in L-IA visa) can
employ them
Dependents receive H-4, can study
17
E-2 – Treaty Investor Visa


Client has to be national of Treaty country
Controls majority of company or 50% with
control of entity
18
E-2 – Investor Visa
Treaty Countries
Argentina
China
Georgia
Kyrgyzstan
Pakistan
Switzerland
Armenia
Colombia
Germany
Latvia
Panama
Thailand
Australia
Congo
Grenada
Liberia
Phillippines
Togo
Austria
Costa Rica
Honduras
Luxemburg
Poland
Trinidad and
Tabago
Bangladesh
The Chech
Republic
Iran
Mexico
Romania
Tunisia
Belarus
Ecuador
Ireland
Monacco
Senegal
Turkey
Belgium
Egypt
Italy
Moldovia
The Slovak
Republic
The Ukraine
BosniaHerzegovina
Estonia
Jamaica
Mongolla
Spain
United
Kingdom
Bulgaria
Ethiopia
Japan
Netherlands
Sri Lanka
Uzbekistan
Cameroon
Finland
Kazakhstan
Norway
Suriname
Yugoslavia
Canada
France
Korea
Oman
Sweden
19
E-2 – Treaty Investor Visa
How much $$ does the investor “need” to invest?




A “substantial” capital investment. It is not specified by
regulations.
Capital has to be “at risk”
Investment cannot be “Marginal” when compared to
the total investment. Cash investment should be 51%
or more, unless is a property investment where it is
common in industry to have higher amount of
leveraging.
It will vary by case
20
E2 – Treaty Investor Visa
Activities of E2 client:



To “Direct and Develop” their investment =>
Control
Enterprise is or will be active
E2 may be employed in key managerial and
specialist positions
21
E2 – Treaty Investor Visa



Temporary status. No path to “Greencard”
Visa is renewed indefinitely, as long as the
investor is actively making investments
Family: children can attend public/private
schools. Spouse has open work permit
22
EB-5 Employment Creation
Immigrant Visa (“Greencard”)


Entrepreneur: invest $1,000,000 or $500,000 +
employ 10 individuals
Regional Center (RC): can invest $500,000 +
employ 10 individuals
23
EB-5 - Regional Center Projects
EB-5 Regional Centers are:

Government approved entity, organization or agency;

Focuses on a specific geographical area of the United States;


Seeks to promote economic growth, increased regional productivity, job creation and
domestic capital investment.
Investment requirement is USD $500,000 if a Regional Center is in a Targeted
Employment Area (TEA), (a rural or high unemployment area of the United States).
Additional guidelines to the EB-5 Regional Center Program:



Foreign investment into the Regional Center Program must be made prior to
submission of the EB-5 application.
All investment ventures are managed by various General Partnerships, which are
authorized to sell Limited Partnerships in the program to foreign investors who wish to
pursue permanent residency with a “Green Card” in the United States.
Requires the alien investor enterprise to create 10 direct or indirect full-time positions
for U.S. Citizens, (unlike the regular EB-5 program that requires the investment to
create a minimum of 10 “direct” jobs for U.S. Citizens).makes this program more
attractive and popular among foreign investors.
24
E2 – Investor Visa
Realtor opportunities of this visa:



Business brokering
Lease/purchase of premises to operate
business
Lease/purchase of home
25
EB-5 Employment Creation
Immigrant Visa (“Greencard”)


Client must invest $1,000,000 or $500,000 if rural or
targeted employment area (TEA)*, and employ 10
individuals (directly or indirectly)
Can also purchase an existing business and increase
it by 140% in net worth or employees; or 20% loss in
net worth.
*experienced unemployment of at least 150% of national average
rate
26
EB-5 Employment Creation
Immigrant Visa (“Greencard”)


Entrepreneur: invest $1,000,000 or $500,000 +
employ 10 individuals
Regional Center (RC): can invest $500,000 +
employ 10 individuals
27
U.S. Taxes
U.S. Taxes on worldwide income apply to:

U.S. Citizens and Legal Permanent Resident;
and

Those who meet Physical Presence Test, some
exceptions apply: F-I students.
28
U.S. Taxes
□ Foreign Investment in Real Property Tax
Act of 1980 (FIRTPA)

Applies to Foreign Sellers

Sell property of more than $300,000

10% withholding Tax from Gross Sale
□ Income Tax
□ Gift Tax
□ Estate Tax
29
Business Entities


Sole Proprietorship
Corporation: must elect C corp ( S does not
apply to foreigners)

Partnership/Joint Venture

Limited Liability Company
30