Relocating to the US is a challenging decision that involves understanding of how you will make your living and become a legal resident of the United States.
Below you can find an overview of the path for your business immigration journey.
It includes ten major steps worth to consider.
Evaluating The Business you want to pursue
Most business visas require you to demonstrate your capability to effectively manage the business. This involves prooving relevant experience, which can be a blend of professional and personal backgrounds. Additionally, considering your passions and abilities, you should be able to find balance between what you would like to do and how much you are able to spend.
Choosing Between Establishing, Purchasing or Franchise Business
Creating a new business allows for a lot of freedom and creative control but demands innovation and adaptability. Acquiring an existing business, on the other hand, offers the advantage of a pre-established operation, existing clientele and cash flow, requiring thorough due diligence to align your goals and expectations. Opting for a franchise offers a balance of autonomy and support, leveraging a proven business model and brand recognition while allowing for local improvements and adjustments.
Market Analysis
Understanding the major competitors in the industry you have chosen is not the only goal of market analysis. Market research will also help in making informed decisions and measuring the business potential. Preliminary market analysis is needed to understand regulatory requirements, licensing and market dynamics at federal, state and local levels. It is essential for future planning.
Selecting the Operating Location
Location choice has significant implications, including tax and business laws, and zoning regulations. Understanding these factors is crucial before finalizing a business location.
Seeking Legal Guidance
Navigating the business and immigration complexities is best done with the legal assistance. Immigration attorney will guide you through visa process, and business attorneys will make sure the business aquisition goes smoothly. Both will ensure to protect you from any mistakes and pitfalls. While not mandatory, their expertise streamlines the process and saves you time.
Determining the Appropriate Visa Type
Collaborating with your attorney, you'll identify the most suitable visa option based on your circumstances, considering various immigration paths beyond business visas.
Registering Your Company and Opening Bank Account
Choosing the appropriate business entity structure—such as sole proprietorship, partnership, limited liability company (LLC), or corporation—ensures legal compliance and defines taxation and liability implications.
After setting up the company, business account is the next step. It is always recommended to separate personal and business finances. It facilitates record keeping and verifying business spending.
Writing a Comprehensive Business Plan
A professionally drafted business plan specifically for immigration purposes increases chances of visa approval. Unlike traditional plans, an immigration-focused plan addresses specific visa requirements.
Compiling Required Documents for Visa Application
Besides the business plan, various documents about applicant, including resumes, certificates of employment and personal references, as well as business registration package, business purchase contract, lease agreement, financial statements and others must be prepared for the visa application.
Submitting the Application
With guidance from your attorney, follow the application process either through a Department of State consulate or the United States Citizenship & Immigration Services (USCIS), depending on your location.
It is common knowledge that the USA is one of the most attractive countries for investment and business. Business immigration requires opening or purchasing a business in the United States. Below we will look at some types of visas that can be considered for business immigration, as well as the challenges that come with it.
EB-5 investor visa is one of the ways foreign investors can obtain permanent residence in the United States. To qualify for EB-5 visa, a foreign national must invest at least $800,000 in a new or existing business that will create or retain at least 10 jobs for US citizens or legal residents. It can be either a new business or an existing one that is restructured or reorganized. The investor must also go through a background check and other legal procedures.
It allows investors permanent residence anywhere in the US. It also allows permanent residence for the investor’s spouse and children under 21 years of age. Investments in projects approved for EB-5 visa may generate additional income for the investor. This is one of a few business visas that allows investors to apply for a green card. No work experience or education required x.
A large amount of money is required to be invested. The visa process can be complex and requires the assistance of a lawyer. There is a risk of losing the investment, as the investment may not pay off
E-2 visa is one of the most popular visas for business immigration. This visa is suitable for a larger number of investors due to generally lower amounts of investements compared to EB-5. To qualify, the investor has to be a citizen of a country that supports E-2 Treaty with the US, and invest or be actively in the process of investing a substantial amount of capital in existing or newly established enterprise. Your business must also create jobs for Americans. It is considered as a non-immigrant visa. However, one of the benefits of E-2 visa is that it can be renewed indefinitely.
The visa can be extended for an unlimited number of times as long as the business continues to exist and make profit. Opportunity for the investor to manage and grow the business. Opportunity for the investor’s family to live, work or study in the USA. Opportunity for the investor to obtain a green card (permanent residence) regardless of E-2 visa.
It is only available to citizen of a country that supports E-2 Treaty with the US. Investor must have significant investment capital to apply for E-2 visa. Investor needs to maintain active business management and control. E-2 visa does not grant US permanent residence, so the investor must continually renew the visa or use other means of obtaining permanent residence
The L-1 visa is for executives and professionals who are moving to the United States to work for a subsidiary, division, or branch of their foreign company. The L-1 visa allows you to stay in the US for up to 7 years.
No capital investment required by law. No limit on the number of employees by law. No restriction on business location. Can be used to set up a company in the USA
Difficulty in Obtaining: The process of obtaining L-1 visa can be quite complex and requires a lot of documentation. Qualifications: In order to qualify for L-1 visa, you must be on executive level in a partner company or subsidiary. Limited Validity: The L-1 visa has a limited validity period that can only be renewed a few times. Limited Number: There is a limited number of L-1 visas that can be issued each year and may only be available to certain categories of workers
Business immigration to the USA can be a difficult and time-consuming, but with the right approach and enough resources, it can be very beneficial for your business. The EB-5, E-2 and L-1 visas are the three main types of visas that can be used for business immigration to the United States. Each has its own requirements and benefits, and you should choose the one that works best for your particular situation. If you still have questions or doubts about choosing the right visa, you can contact us and we will be happy to refer you to a qualified attorney or immigration consultant.
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