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Emigration and Visas in USA


Emigration and Visas in USA

USA related forum posts


  1. Still a good business move?

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USA Emigration

Passports are a necessity for all visitors to the United States. There are few exceptions made. It is recommended passports have at least six months left prior to expiry date.

With a climate of heightened security and paranoia, vast regulations overshadow visas. Therefore, you should make intensive enquiries about the visa appropriate to your circumstances and the method of applying for such a visa. Do so as far in advance as possible.

It is also recommended that you research the regulations of commercial airline flights. Since 9/11, many restrictions and security measures have been introduced and enforced. Just so you know, taking an aeroplane between American cities and states is as commonplace as riding by train, tube or bus.

Commonly, a long-term visa (E2 visa), once appropriated, will allow for a stay of roughly two years in the United States. Its purpose is to facilitate international business relations, and foster investment in the USA by foreign nationals and corporations.

The following are three stipulations that must be met in order to acquire a long-term visa:

  • Nationality - The investor (whether a corporation or an individual) must be a citizen or national of a treaty country. Assuming you are from the UK, there is no problem here. If the business is a corporation, over 50% of the ownership must be by nationals of a treaty country
  • Substantiality - The US government, thorough as they are, will test your hunger for success by the amount of the investment you put at risk. There must be unequivocal and convincing evidence that there is enough capital available for equipment and operating expenses. If it is a new company venture, a 'reasonable' five-year business-plan can show that your plans for success are viable. Any money invested in the business must be actively at risk; not in a bank account, and not as security for a mortgage loan. Your capital must be directly at risk, and your appetite ferocious
  • Marginality - The US government will not want to admit you, as an investor, into the US if your sole purpose of investment is to provide a living for yourself and/or your family. Your business plan or existing business will be tested to see if it'll create and jobs within the United States and whether the profits will supersede that which is needed by you and your family. One test, for instance, determines if your business will be making a nice profit within five years. The government will look for evidence that your activity will help the local economy. Additionally, an investor with substantial income outside of the investment will also receive strong consideration with regard to marginality

Obtaining a Green card

Anyone who invests a specific amount of money, by either starting or expanding a business in the USA, can apply for a Green Card. Said investor must be active in the management of the company. Investors are allowed to join together in starting or expanding a company. Each applicant can qualify for a Green Card through a single company. However, the individual investment of each applicant must still meet the minimum qualifying amount, and each investor is singularly responsible for the creation of new jobs.

Green Card holders have several privileges including:

  • The right to live permanently in the United States
  • The right to work in the United States
  • The right to travel abroad for a certain period of time
  • The opportunity to apply for citizenship after a certain amount of years as a Green Card holder
  • The right to petition for a Green Card for the spouse and unmarried children under 21 years of age

Visas for your personnel

Key employees of corporate or individual treaty investors have no maximum length of stay for their long-term visas. The law does not regulate the total length of stay and each admission to the country commonly receives a two-year admission. Transferred workers can include managers, supervisors and people with highly specialised skills that are needed by the corporation.

Spouses and Dependents

Spouses and dependents are not permitted to work in the US unless they find merit to receive their own work visa.

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