International competition and global economics drive many foreign corporations and business owners to consider establishing a physical and legal presence in the United States. However, the legal obstacles and challenges, coupled with the fear of operating in a foreign market, often discourage many small and mid-sized companies.
Our office counsels foreign corporations interested in opening a branch or subsidiary office in the United States, as well as inidividual entrepreneurs who are considering significant capital investment in a new or ongoing U.S. business. From choice of corporate legal form (Incorporated, LLC, LLP, PC, etc.) to selection of appropriate immigrant and non-immigrant visas for owners and staff (E-1, E-2, L-1, H-1B, Investor Visa, etc.) our office specializes in helping clients explore all available options in developing creative solutions to their business and personal objectives.
E-1 Treaty Trader Visa
Nationals of qualifying Treaty countries who undertake a significant amount of international trade with the United States my qualify for this type of visa. The volume of such trade must be sufficient to justify the trader or his/her employee(s) being in the United States to manage the trade, and must constitute the majority of the trader's international trade (i.e. at least 50% of the Trader's exports/imports must be to/from the USA). There is no set minimum level of trade which is considered sufficient, but obviously the lower the volume of trade the less likely one is to qualify as a Treaty Trader.
E-2 Treaty Investor Visa
Nationals of qualifying Treaty countries who have made a significant investment in the United States may qualify for E-2 Treaty Investor status. Like the E-1 visa, there is no set minimum level of investment which may qualify for E-2 status, but the lower the investment the less likely one is to qualify. Again, the level of investment must be sufficient to justify the treaty national (or his/her employees) presence in the United States. The investment must be in an operating business (i.e. simply buying property or stocks and bonds does not qualify. Also, a substantial part of the investment must have been made before applying for E-2 status.
Many of our clients come to us in search of a way to bring their immediate and extended family members with them to the U.S. Many U.S. immigrants often face years of frustration and disappointment in their efforts to unite their families.
While there are no magic solutions, our office endeavors to make the immigration process as clear and unintimidating as possible for our clients. Our goal is to provide our clients with an understanding of the USCIS, the Department of State, and the immigration system so that they can make reasoned, intelligent choices for themselves and their families.
