Business immigration to the United States.
Business immigration in the US has many nuances, so many foreigners believe that moving to this country to conduct their own business is very difficult or even impossible. First of all, such conclusions are made on the grounds that there are myths about the minimum amount necessary to obtain a business visa in the United States. In fact, most business programs for foreigners do not stipulate the amount that an entrepreneur should invest in a firm in the States.
There are several options for how to get a business visa to move to live in the United States:
Transfer to the international branch of the company. Participation in special business programs. Investing in the economy of the country. Back to the table of contents.
Types of visa L-1.
Such a business visa in the United States is issued to employees of various companies, corporations, firms, which get the opportunity to move to work in a foreign branch. This type of business permit is called L-1, and is represented by two types – L-1A and L-1B. In particular, the first type is issued for managers and directors who are executive heads. The second one is for narrower specialists.
Features of the L-1A visa is opened for a long period of time, it allows to transfer managers from one company to another, whose branches are open in the US. It can be, as branch, and creation of new firm, or purchase of already operating corporation. The period of validity is about three years, during which you can apply for a residence permit in the United States. The family members have the right to move, but only they are issued a type of visa L-2.
The visa L-1A is considered for several months, therefore it is necessary to take care of it in advance.
Visa L-1B is opened for specialists in a particular business area. Usually managers transport with them to the US employees and their families to rely on the support and knowledge of already experienced workers. The peculiarity of this type of permission for business emigration is that it is possible to work only in the business of a specific company.
Business programs.
Business visa to America is opened and under special programs. First, it is an opportunity to participate in scientific, educational, sports and business projects, conduct highly specialized and scientific research, managers and managers who need a transfer to an American branch. In this case, a visa of the type EB-1 is opened.
Secondly, another type – EV-2 – is suitable for people who have outstanding abilities in science, business, art, culture. The same business program has the right to work doctors who want to create their own practice in the States, as well as very high-level specialists.
Thirdly, the EB-3 program, suitable for qualified and highly qualified professionals who have vast experience and achievements in the field of work.
Fourthly, for the special workers there is a program EB-4. Such professionals include employees of state institutions and religious workers.
Fifth, the investment programs, which are combined in the EB-5 visa. A special feature of this program is the large number of issuing American visas. Every year their number is almost 10 thousand. To participate in it, you must fulfill several important conditions:
Open a new enterprise that will carry out commercial activities. Buy an existing business to carry out its modernization. Create new jobs or keep existing ones.
In this case, a businessman is required to invest a fairly large sum of money into the firm, which can reach $ 1 million. If in some areas the unemployment rate is 1.5 times higher than the level established in the country, then the amount of the contribution may be 500 thousand dollars.
The opening of a new firm must meet the following criteria:
Provide at least 10 jobs where people will work on an ongoing basis. Regularly carry out competent and qualified investments. Business should be profitable and profitable.
If you comply with such conditions and requirements, the permission obtained will become a reality for entrepreneurship.
Sometimes, some conditions are unrealistic to fulfill, therefore, the entrepreneur has the option of obtaining a working H1-B visa, which has a nonimmigrant nature. It is important only to be experienced and qualified employees in a particular field, which the firm or company is engaged in.
The program on investments.
Participation in the business program EB-5 – the most real and most common variant of registration of a business visa. The government of the country actively supports it, which is connected with the need to constantly attract new foreign investors, strengthen the American economy, finance certain regions, develop small businesses, and combat unemployment.
One of the advantages of such a program is that they do not have clear and rigid requirements to the age of the entrepreneur, the level of his education and knowledge, to the English language.
If you participate in the targeted financing of a specific region, then the regional development center that has accreditation from the state helps to manage investments. But before opening a visa and doing such work, the entrepreneur is obliged to clarify and agree on a plan for the development of the region.
Other advantages include:
Possibility to issue a permanent residence permit for both a businessman and family members. The choice of any state for residence, although investment can be invested in another state. Training in American universities or colleges at prices set for residents. This is several times cheaper than for foreign citizens. After 2 years, the entrepreneur can liquidate or sell the firm. There is the possibility of partnership participation, the transfer of a controlling stake to another person.
When a person receives a US business visa, he becomes an investor with a conditional resident status. The visa is issued only for two years, after which the employees of the immigration department can check the conditions of the program. If the investor has a desire, then he has the right to collect a package of necessary securities to ask to withdraw the conditional status. The result of satisfying the request can be the granting of permanent resident status. In five years there will be a chance to obtain citizenship. In a visa application, you can include close relatives, in particular, a husband or wife, parents, children under the age of 21, and they did not marry.
The investor for the EB-5 program: requirements.
A foreign citizen must meet specific requirements in order to qualify for a business visa and become an investor in the American economy.
First, to act as the founder of a firm, to buy or reorganize an existing one, to expand it, to participate in management. Secondly, invest in business from 500 thousand to 1 million dollars in the form of cash, mortgages, loans, equipment supplies, development of information technology. Thirdly, to create a staff of hired workers, who will be recruited from residents or other migrants.
Other requirements include that an investor must choose a state and a specific city to open a company; to talk with the administration of the region about the expediency of such activities. When the head of the administration confirms that there is an opportunity to carry out investment activities, then the entrepreneur must transfer money to the government’s deposit account. The funds will stay there until the investor receives a business visa.
The businessman needs to monitor the terms for which the status of temporary residents is issued. This is important in order to pass the test on time and submit documents for permanent status.
Required documents: how to get a business visa.
You can do the registration of a business American visa yourself, which is suitable for individual entrepreneurs who can also apply to intermediaries. It will cost about 30-40 thousand dollars, 60% of which are transferred first, and the rest – after receiving a visa.
Registration is also carried out by company managers, if they send their employees to work in a particular branch. Whichever way a person chooses, it will be necessary to collect a fairly large number of papers that will firmly substantiate the goals of the activity. For example, if you qualify for an L-1 visa and its types, then you need to receive confirmation from the parent company (the parent company) that a particular person is sent to work in the US.
In addition, to obtain permits for certain types of business visas, other documents are needed, although their list is usually specified individually for each situation. It can be statutory and registration documents; a certificate stating that the company has sufficient funds in its account. To this end, you need to contact the bank to take a certificate confirming the opening and existence of the account, a regular flow of funds on it.
Each applicant for a visa must submit:
identification code; registration documents of the subsidiary company, opened in the States; a lease or purchase agreement for an office; an extract from the US tax service that the firm is registered; report on the work of the parent corporation over the past year; letters are also needed on letterheads, that a person has enough professional experience, a position held before transferring to America, several recommendations, an order on his appointment to a post abroad; from the worker himself, copies of all diplomas, a certificate of income level, knowledge of foreign languages, a work book may be needed.
Coming to the continent, you can study at the US business school, gain the necessary knowledge and open a profitable business.
Those who open a firm or are an individual entrepreneur must open in the United States property, the form of which should be closed joint-stock companies, limited liability companies, open joint-stock companies, public joint-stock companies, private domains, etc.
One of the conditions of the L-1 visa is residence in a particular state and work for the selected company. It is impossible to work in another place, since all the data about a person will be in the database of the Department of Immigration. You can transfer if you open a branch in another city or state.
The number of quotas that are issued annually for business visas is almost 75,000, of which 10,000 by type of EB, and 65,000 by H-1B. But for L-1 – the number of quotas is unlimited.
The whole process of processing documents is from 9 months to one year, and consideration of the application and papers is still six months.
It is worth remembering the payment of mandatory fees – state duty, consular fees for each person indicated in the application for a visa, medical examination and insurance.