L1 Visa Lawyers - PowerPoint

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					This program is presented for educational purposes only. It does not constitute legal advice. Always consult an attorney for legal advice.
This program is presented for educational purposes only. It
does not constitute legal advice. Always consult an attorney
for legal advice.
1.   Develop new sales venues in foreign markets and domestic investor markets.

2.   Provide an understanding of the Legal areas of expertise required for best practices by

3.   Learn immigration laws to increase your real property sales foreign investors.
4.   Learn to use your understanding of international tax laws to increase sales to foreign

5.   Learn the various business entities and their characteristics of value to both the foreign and
     domestic investor.

6.   Understand the use of pension and IRA retirement funds in real property investing.

7.   Understand the impact of death on real property holdings, legal and tax consequences.

8.   Learn the best practice basics of asset protection planning and bankruptcy laws that are
     pertinent to real estate professional services.

9.   Learn the practical tax issues pertinent to real property and estate investing.

     Certification Objectives
B.S. Business Administration Juris Doctorate
(J.D.);Masters of Tax Law (L.L.M.)
Florida Bar, U.S. Tax Court, Broward County, Hispanic
Bar Association, American Association of
Immigration Lawyers
Adjunct Professor in Estates & Probate at Broward
Community College. State Certified Real Estate
LANGUAGES: Spanish or English
Immigration & Naturalization ;
Tax & Estate Planning
Foreign Investment
Business Law
    A Foreign Investor Strategy
 Foreign investment in real property can be used as an
                immigration strategy

 Residences
 Land
 Commercial Property
 Business Opportunity
 Short Sale
   • Immigrant Visas –
  permanent residency
       ―Green Card‖
       EB-1 thru EB-5
  (*Investor Immigrant)

  • Non Immigrant Visa .
    Temporary Stay with no intent to immigrate
  Visa waiver, B-1(Business), B2
        (Tourist), H1B, TN(
     Canadian/Mexican), L1
(Corporate), E1 (Treaty Trader),
      E2 (Treaty Investor)
     Non-Immigrant Visa
Realtor Value Visas
 Visa Waiver
 B-1 Business Visitor
 B2 Tourist
 H1B
 TN (Canada/Mexico)
 L1, Temporary Corporate Transfer
 E1, Treaty Trader
 E2, Treaty Investor
            Non-Immigrant Visa
Visa Waiver
• 90 days
• No visa/only passport required
• Limited business or tourist purpose
• No extension/No change of visa status allowed
• Countries: Andorra, Australia, Austria,
Belgium, Brunei, Denmark, Finland, France,
Germany, Iceland, Ireland, Italy, Japan,
Liechtenstein, Luxembourg, Monaco, Netherlands,
New Zealand, Norway, Portugal, San Marino,
Singapore, Slovenia, Spain, Sweden, Switzerland,
United Kingdom
 Business Visitor Visa: B1
 Duration
 Extend Stay/Change Status
 Limitations
 Permitted Activities:
    Attend Board of Directors Meeting
    Undertake limited training
    Supervise business activities
    Participate/Attend conventions
    Install/maintain equipment
     produced abroad or train workers
           Tourist Visa: B2
 Duration
 Extend Stay/Change Status
 Limitations
 Permissible activities
 Specialty Worker Visa: H1B
 Special Occupation
 University degree/Experience
 Duration
 Sponsoring employer
 Employer responsibility-dismissal
 Prevailing Wage
 Numeric Limitations
 New Employer—prior to expiration
 Accompanying Relatives
 One year Departure – after expiry
     Canadian/Mexican: TN
 Nafta Treaty
 Duration
 Approval at border/in U.S.
 Designated professionals
 Strategies
 Accompanying relatives

              “Designated Professionals “ can invest in Real Estate – Appendix 1603.
              D.1 Nafta Treaty
            TN: Designated
 Accountant
 Architect
 Computer Analyst
 Economist
 Engineer
 Hotel Manager
 Interior Designer
 Land surveyor
 Lawyer
 Management Consultant
 Physician
International Corporate Transfers:
 Transferred to Related
 Certain employee types
 Qualifying Requirements
 New Company
 Duration of stay
 Nationality of employee
 Accompanying relatives
           Treaty Investor : E2
                                                                                                    Philippines E-1, E-2
Citizens of certain       Albania E-2
                          Argentina E-1, E-2
                                                    Congo (Kinshasa) E-2
                                                    Costa Rica E-1, E-2
                                                                           Italy E-1, E-2
                                                                           Jamaica E-2
                                                                                                    Poland E-2
                                                                                                    Romania E-2
countries can enter the   Armenia E-2
                          Australia E-1, E-2, E-3
                                                    Croatia 11 E-1, E-2
                                                    Czech Republic 2 E-2
                                                                           Japan E-1, E-2
                                                                           Jordan E-1, E-2
                                                                                                    Senegal E-2
                                                                                                    Singapore E-1, E-2, H1B-1
                          Austria E-1, E-2          Denmark E-1            Kazakhstan E-2
U.S.A. with the           Azerbaijan E-2            Ecuador E-2            Korea (South) E-1, E-2
                                                                                                    Slovak Rep E-2
                                                                                                    Slovenia11 E-1, E-2
                          Bahrain E-2               Egypt E-2              Kyrgyzstan E-2
intentions of investing   Bangladesh E-2            Estonia E-1            Latvia E-1, E-2
                                                                                                    Spain E-1, E-2
                                                                                                    Sri Lanka E-2
                          Belgium E-1, E-2          Estonia E-2            Liberia E-1, E-2
                                                                                                    Suriname E-1, E-2
funds into a new or       Bolivia E-1, E-2
                          Bosnia &
                                                    Ethiopia E-1, E-2
                                                    Finland E-1, E-2
                                                                           Lithuania E-2
                                                                           Luxembourg E-1, E-2
                                                                                                    Sweden E-1, E-2
                                                                                                    Switzerland E-1, E-2
existing business         Herzegovina E-1, E-2
                          Brunei E-1
                                                    France E-1, E-2
                                                    Georgia E-2
                                                                           Macedonia E-1, E-2
                                                                           Mexico E-1, E-2
                                                                                                    Thailand E-1, E-2
                                                                                                    Togo E-1, E-2
enterprise.               Bulgaria E-2
                          Cameroon E-2
                                                    Germany E-1, E-2
                                                    Greece E-1
                                                                           Moldova E-2
                                                                           Mongolia E-2
                                                                                                    Trinidad & Tobago E-2
                                                                                                    Tunisia E-2
                          Canada E-1, E-2           Grenada E-2            Morocco E-2
                                                                                                    Turkey E-1, E-2
                          Chile E-1, E2, H1-B       Honduras E-1, E-2      Netherlands E-1, E-2
                                                                                                    Ukraine E-2
                          China (Taiwan)            India, L1A, Eb5        Norway 7 E-1, E-2
                                                                                                    United Kingdom
                          E-1, E-2                  Iran E-1, E-2          Oman E-1, E-2
                          Colombia E-1, E-2         Ireland E-1, E-2       Pakistan E-1, E-2
                                                                                                    Yugoslavia E-1, E2
                          Congo (Brazzaville) E-2   Israel E-1             Panama E-2
                                                                           Paraguay E-1, E2
      Treaty Investor: E2
 Move business to U.S
 Start an enterprise
 Establish or expand
 Transfer personnel
       Treaty Investor: E2
 Nationality-50% Treaty
 The Investment
   Funds at Risk
   Funds must be investors
   Investment need not be
   Investment must be active
     Treaty Investor: E2
―SubStantiality        Value of the
teSt‖                  Business in
    - Relative or
proportional value                     Necessary
 of investment risk                    amount to
  weighed against                     establish the
the business value -                   enterprise
      Treaty Investor: E2
    Business Valuation
     $30, 000+ (min)
  $100,000 requires 75%
  $500,000 requires 60%
 $1,000,000 requires 50%

               The value of the business is dependent upon the nature of the
               enterprise. The cost of the business is the determining Qualification
               for E-2 status.
     Treaty Investor: E2
 ―Marginality teSt‖
The investment cannot
 produce a living just
   for the investor.

           1. Other Income?
                        2. Controlling interest?
       Treaty Investor: E2
 Controlling interest
 Transferable
 2-5 year duration
 Family accompanies
           Treaty Investor : E1
                                                                                                 Philippines E-1, E-2
Citizens of certain       Argentina E-1, E-2
                          Australia E-1, E-2, E-3
                                                    Denmark E-1
                                                    Estonia E-1
                                                                        Italy E-1, E-2
                                                                        Japan E-1, E-2
                                                                                                 Singapore E-1, E-2, H1B-1
                                                                                                 Slovak Rep E-2
countries can enter the   Austria E-1, E-2
                          Belgium E-1, E-2
                                                    Ethiopia E-1, E-2
                                                    Finland E-1, E-2
                                                                        Jordan E-1, E-2
                                                                        Kazakhstan E-2
                                                                                                 Slovenia11 E-1, E-2
                                                                                                 Spain E-1, E-2
                          Bolivia E-1, E-2          France E-1, E-2     Korea (South) E-1, E-2
U.S.A. with the           Bosnia &                  Germany E-1, E-2    Luxembourg E-1, E-2
                                                                                                 Suriname E-1, E-2
                                                                                                 Sweden E-1, E-2
                          Herzegovina E-1, E-2      Greece E-1          Macedonia E-1, E-2
intentions of investing   Brunei E-1                Honduras E-1, E-2   Mexico E-1, E-2
                                                                                                 Switzerland E-1, E-2
                                                                                                 Thailand E-1, E-2
                          Canada E-1, E-2           India, L1A, Eb5     Netherlands E-1, E-2
                                                                                                 Togo E-1, E-2
funds into a new or       Chile E-1, E2, H1-B
                          China (Taiwan)
                                                    Iran E-1, E-2
                                                    Ireland E-1, E-2
                                                                        Norway 7 E-1, E-2
                                                                        Oman E-1, E-2
                                                                                                 Trinidad & Tobago E-2
                                                                                                 Turkey E-1, E-2
existing business         E-1, E-2
                          Colombia E-1, E-2
                                                    Israel E-1          Pakistan E-1, E-2
                                                                        Paraguay E-1, E2
                                                                                                 Ukraine E-2
                                                                                                 United Kingdom
enterprise.                                                                                      E-1,E-2
                                                                                                 Yugoslavia E-1, E2
          Treaty Investor : E1
 Executive with applicable skills
 Nationality-treaty
 Minimum 50% ownership
 51% Trade with country of origin
      Direct trade (goods/services)
          Volume of trade
           Value of Trade
 Duration- 2 to 5 years
 Family Accompanies
                 Permanent Status
                             Permanent Categories
 Communicable disease
                              Family Reunification
 Physical/Mental disorder    Occupation-based
 Drug Abuse                  Miscellaneous
 Criminal Convictions
                 Permanent Status
Family Sponsored

 Spouse of US Citizen
 Children under 21
 Parents
                 Permanent Status
Family Sponsored
                                   239,000 per year
 Spouse of US Citizen
                           1. Unmarried children
 Children under 21
                           2. Spouse and Unmarried
 Parents                     children
                           3. Married sons and daughters
                           4. Brothers and sisters
             Permanent Status
                                     First Priority—Extraordinary ability
                                    demonstrated at national and international
                                    level of acclaim
Occupation Based
 Extraordinary ability             40,000
                                     Second Priority—Professionals with
 Outstanding Educator/Researcher   advanced degree
 Select Executives/Managers
 Quota: 140,000/year               10,000
                                     Third Priority—Skilled Workers with basic

                                     Fourth Priority—Religious Workers

There are various employment
based avenues (i.e., immigrant
categories) for obtaining U.S.
Permanent Residency

                                 *Realtor’s Value: EB-5 News Link
  EB-5 Investor Immigrant Visa
• $1,000,000 ENTREPRENEUR
    •Two Year Process
    • Conditional Residency
    • 10 U.S. Employees
    • 10,000 Quota

(Targeted Enterprise Zones)
    • Two Year Process
    • Conditional Residency
    • Direct and/or Indirect Employees
    • 5,000 Quota
EB-5 Investor Immigrant Visa

                  Basic Requirements:
           • Investment funds are from a lawful source
             • Investment will make a positive impact
                • Investment has or will create jobs
                 • Investment funds must be at risk
• The investment amount is $1 million or $500,000 in the case of a
              high unemployment area or rural area.

There are no other requirements such as age, nationality,
   work experience, or entrepreneur achievements.
EB-5 Investor Immigrant Visa
 • Spouse may accompany
 • Unmarried Children under 21
 may accompany

 • Dependent Status: Temporary/
  2 Years -- Permanent thereafter
     EB-5 Investor Immigrant Visa
     • Invested or are investing required
     capital that:
          • Creates an original Business
          • Purchases an existing business
          • Expanding an existing business
         (Must grow the company by 140% in jobs or net worth;
          or the business has lost 20% in the past year)
       EB-5 Regional Centers
         $500,000 Investor

In December 2008 USCIS released an updated Regional Center list,
with quite a few changes to the participants. Several new regional
centers popped up around the country, while others disappeared
from the list. In addition, those centers on the list which previously
had been flagged due to administrative matters pending with
UCSIS, apparently have been rectified. In total, USCIS says it has
approved about 32 centers and has 12-15 applications pending.

As the status of these Regional Centers as participants in the Pilot
Program can change, before investing any money, verify the center
is still approved and active in the Pilot Program.
1. True or False. Immigrant visas have annual quotas.
2. True or False. The E-2 Trader Visa has a 10,000 limited quota.
3. True or False. A British subject on a vacation in the U.S. can receive
a 90 day visa waiver.
4. Can an EB-5 status Immigrant earn a green card?
5. Can an L1-A status Immigrant in the United States own a company
in his native country?
6. Can family members accompany an E-1 status immigrant to the
United States?
7. What is an example of the “substantiality” test?
8. What is an example of the “marginality” test?
9. What is the cost of a Skype license? $49, $99, $0

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