Best Options for Entering the United States to Establish or Invest in a US Company
There are some options for companies and people that desire to move to the United States through US immigration laws. The following are examples of the relevant laws and how they may apply to you:
Creating a US branch office of a foreign orinternationalcompany: The L-1 visa is a temporary visa, extendable up to seven years, which is for an intra-company transferee. Under this visa, a company outside the US can transfer its owners, executives, managers and specialized employees to a US branch office. A requirement is that the employee must have worked for the international company for one full year within the last three years.
It is also permissible under this visa to come to the United States for the purpose of establishing a branch office of the international company. It can also be used to transfer personnel to a company that has merged or been acquired by a US Company.
If the US office has existed for more than one year, owners, executive or management level personnel can petition for permanent residency in the United States ("Greencard") under the EB-1 Multinational Executive and Managers Visa. Permanent Residency is also granted to spouses and children under the age of 21.
These visas are excellent for company owners that desire to do business in America. It also works well for the business owner to buy an interest in a US Company or sell an interest to a US company. The jointly owned companies become an international business and can transfer employees between them. This permits theinternational company to provide wholesale goods or services produced inits home countryto be retailed or provided directly to the US market through the US office.
Investing in a US Company: The EB-5 Investor Visa provides an investor, his spouse and any children under 21 permanent residency in the United States if the investment is of $500,000.00 in rural or high unemployment areas or $1 million for other areas. The investment must create ten full time jobs for US or permanent resident workers over a two year period.
The EB-5 visacan be used for a business owner to establish a company in the US, invest in a US company or through a designated regional center. The regional center program is a designation given to an area that is creating direct and indirect jobs in an area through the infusion of investment capital, usually for a large project or series of projects.
