Investment Based Visas
If you answered yes to any of these, there is a strong probability we can help. Our experience has enabled us to aid thousands of clients with their application processes, achieving a remarkable success rate of 99%.
Investment Based Visas
Starting a business in the United States or relocating to this dynamic market entails navigating a multifaceted journey. It involves crafting a robust immigration strategy, delving into pre-immigration tax planning intricacies, meticulously selecting an optimal corporate structure for tax efficiency, and executing comprehensive due diligence before embarking on pivotal business transactions. This multifaceted process demands expertise and guidance to ensure a seamless transition. Our seasoned team of attorneys possesses the profound experience essential to navigate foreign investors and companies through each nuanced phase of this transformative journey.
At Abraham Benhayoun Immigration Law Office, we bring a deep understanding and expertise in navigating the complexities of E-1, E-2, L-1, and EB-5 visas. Our dedicated team guides clients through every step, leveraging our extensive knowledge to tailor strategies that align with the requirements of each visa type, ensuring a personalized and effective approach to your immigration journey.
- E-1 and E-2 Treaty Trader/Investor Visa:
These visa classifications allow a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to come to the United States solely to engage in international trade on his or her own behalf or to invest a substantial amount of capital in a U.S. business. - L-1 Intracompany Transferee Visa:
The L-1 visa enables a U.S. employer to transfer an executive, manager, or an employee with specialized knowledge relating to the organization’s interests, from one of its affiliated foreign offices to one of its offices in the United States. - EB-5 Immigrant Investor:
This immigrant visa category allows foreign investors the chance to obtain lawful permanent residency in the United States by making a capital investment in new commercial enterprises in the United States which will provide a minimum of 10 full-time U.S jobs.
Abraham Benhayoun Immigration Law Office understands the unique challenges and opportunities that come with seeking investment-based visas. We are dedicated to crafting personalized strategies that recognize the distinct needs of each client, ensuring the most effective pathway to achieving your immigration goals.
- Select the Right Visa Type: Determine which investment-based visa category best suits your goals. Common options include the EB-5 Immigrant Investor Program and the E-2 Treaty Investor Visa.
- Investment Amount: Ensure you meet the required minimum investment amount for the chosen visa category.
- Business Plan: Develop a comprehensive business plan that outlines your investment project, including job creation plans, financial projections, and the impact on the local economy.
- Regional Centers (EB-5): Consider a regional center’s track record, including past projects and reputation, to gauge its credibility and success rate. Evaluate the viability of the specific project offered, ensuring it aligns with your investment goals, risk tolerance, and factors like market demand and potential challenges.
- Due Diligence: Conduct thorough due diligence on the investment project and the individuals involved. Ensure the project is compliant with all legal and regulatory requirements.
- Source of Funds: Clearly document the source of your investment funds. Both the USCIS and the DOS require that the funds come from lawful sources.
- Job Creation: Understand the job creation requirements associated with your chosen visa. The EB-5 program, for example, typically requires the creation of 10 full-time jobs per investor.
- Legal Counsel: Seek legal counsel from experienced immigration attorneys who specialize in investment-based visas. They can guide you through the complex application process.
- Maintain Active Involvement: For the E-2 Visa, ensure that you actively manage and develop the business you’ve invested in.
At Abraham Benhayoun Immigration Law Offices, we understand that navigating investment-based activities in Florida, and around the United States, can be complex and nuanced. These laws serve as a vital foundation, outlining the essential requirements and regulations for foreign business owners and investor.
- CS/CS/SB 264 — Interests of Foreign Countries: On 8 May, 2023, Florida Governor Ron DeSantis signed SB 264 into law, which imposes significant restrictions on property ownership for individuals and entities originating from select “countries of concern,” including China, Cuba, North Korea, Russia, and Venezuela. The Florida law generally prohibits property acquisitions by individuals or entities from these countries, but it includes certain exceptions.
- The Corporate Transparency Act (CTA): The CTA is mainly an anti-money laundering law. Effective January 2024, mandates small businesses to disclose ownership or control details to the government to combat illicit activities. This law necessitates reporting beneficial ownership information to FinCEN, requiring details about significant owners and updates on changes, and seeking expert guidance for accurate and timely submissions to avoid penalties.
- The Bureau of Economic Analysis (BEA) under the U.S. Department of Commerce: The BEA collects data on foreign direct investment in the U.S. through filings like Form BE-13 and Form BE-12.
- 3.1. Form BE-12 – Affirmative BEA Reporting Obligations for Foreign-Owned Entities: The BE-12 Survey is a mandatory survey conducted once every five years by the BEA under the International Investment and Trade in Services Survey Act.
- 3.2. Form BE-13, Survey of New Foreign Direct Investment in the United States: Within 45 days of formation or acquisition, a US company with more than 10% foreign-ownership must file a Form BE-13 with the US Bureau of Economic Analysis, a division of the US Department of Commerce.
Note: We recognize that each of our client’s situations is unique, and we are committed to providing personalized guidance, ensuring that each case is handled with the attention and specificity it deserves, acknowledging that the applicability and interpretation of these statutes can vary greatly depending on individual circumstances.
Testimonials
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As a multi-jurisdictional lawyer, Abraham has a deep understanding of estate planning, international tax, and corporate issues that visa applicants often deal with. This allows Abraham to give his clients a well-rounded service almost no other immigration attorney at his level can offer.
Case Studies
Client Background Our client, a distinguished professional in the music field originally from South America, had already secured an O-1 visa, successfully renewing it once.
Client Background Our client, a leading restaurant group in South Florida, approached us for assistance with their labor certification process prior to the COVID-19 pandemic.
Client Background Our client, the father of a U.S. citizen, embarked on the journey towards obtaining a green card. However, the case presented unique challenges
