How to Get an E2 Investor Visa Using a Real Estate-based Strategy

Here’s the transcript from Chris Jaensch’s talk with the Sarasota Chamber of Commerce about E-2 visas for investors.  Getting an E-2 visa is a good strategy for staying the United States for extended periods of time.  Enjoy the video below!

So let’s say you are an immigrant and you’ve come to Sarasota and you love it and you want to stay permanently.  At this point you should call my law firm.  We come up with different strategies that help immigrants stay in the United States for longer periods of time than a visitor visa allows.

One strategy is the E-2 Investor Visa.  In order to qualify there has to be an existing treaty between your country and the United States.  This visa allows you to spend up to 5 years in the United States and can be renewed every 5 years but you have to invest in and own a controlling interest in an active US business.  You either have to buy one that already exists or start one from scratch.  Usually $100,000 is a good amount to invest to qualify.  The business has to be active and it has to pass a marginality requirement.  In other words it has to create jobs for US workers or produce more than you as the investor and your family needs to live.  Again, the visa lasts for 5 years and can be renewed for as long as the business is active.

Just buying rental properties, unfortunately, will usually not qualify you for an E-2 visa.  But you can incorporate real estate into an existing E-2 strategy; buying commercial properties can help you qualify, so can the business of buying, renovating and selling properties.  It is up to your creativity as an investor and what you are interested in doing.

Chris Jaensch Speaks About Visa Waiver Program and Temporary Visas

Here is a modified transcription of the first part of Chris’ talk to the Sarasota Association of Realtors.  Enjoy the video below!

When thinking of the immigration process we like to picture the Mississippi River.  On one bank you are in your country of origin, in the other you are a citizen of the United States.  Immigration Law is all the stepping stones in between the two banks.

There are two main categories of foreign nationals living in the United States.  Temporary Residents and Permanent Residents or people with Green Cards.  Students, athletes, visitors and investors are all considered temporary residents.

The most common temporary residents are Visitors.  Traditionally foreign nationals have to get a visa to come to the US as a visitor.  The US government has tried to make it easier for citizens of certain countries to enter here as visitors by establishing the Visa Waiver Program, sometimes called ESTA.  People from 36 countries – mostly European, some in Asia – can come to the US without a visa and stay for 90 days.  Canada is not part of the Visa Waiver Program believe it or not!  They have their own category.

Say you want to stay for longer than 90 days at a time.  A B-1/B-2 visitor visa would allow you to stay in the States for 6 months at a time.  How many times can you use a B-1/B-2 visa during a year?  The truth is, there is no clear answer.  The government has left it vague on purpose.  The simple rule of thumb is to spend as much time out of the US as you do in it.  When making plans to enter the US look back at how much time you spent here during the last calendar year, if more than 6 months, you might not be seen as a visitor any longer and be denied entry.  Always come with a round-trip ticket, utility bill, or proof of residence in home country.  This should help you get through customs without problems.

New USCIS Office Tampa Grand Opening

Attorney Chris Jaensch attended the grand opening of the new USCIS Office in Tampa today.  The building houses the Tampa Field Office (which handles infopass appointments, green card interviews, naturalization issues and other immigration business); and it houses the Application Support Center (which handles biometrics and fingerprints).

The office will conduct naturalization oath ceremonies every day in the building.  About 80 people can be naturalized per ceremony.  If they get busier, they will add a second or third ceremony per day.  The ceremony will not be the same day as the interview (but that may change in the future).  The new citizen can register to vote but cannot apply for a passport at the ceremony.

The USCIS is working a national solution to the issue of whether a condition resident can re-adjust based on marriage to a new person.

The Application Support Center officially does not take walk-ins.  If someone cannot make a biometrics appointment, they need to follow the instructions to reschedule.

There is an Immigration Support Officer at the Ft. Myers Application Support Center and clients can make an infopass appointment there.

The new USCIS phone number and address are:

(800) 375-5283

5629 Hoover Blvd

Tampa, FL 33634


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Sarasota is #1 Small City for the Arts!

We did it Sarasota!  We were recently named number 1 city of under 100,000 residents for the arts by the American Style Magazine.  This is great news and confirms something we’ve long know about ourselves – that Sarasota is a great town for the arts!

Fuente de las Tortugas in John and Mable Ringling Museum of Art

Bradenton came in at number 2 and St. Pete atook the number 1 spot for medium-sized cities.  Read the full article in the Sarasota Herald-Tribune here.

EB5 App Is Here!

ILW.COM is pleased to announce the launch of the EB-5 iPhone App in Apple’s iTunes store. The EB-5 App is a convenient way of remaining on the top of EB-5 news all the time, for immigration law professionals, regional centers and immigrants interested in EB-5 issues. The App brings you the latest news from USCIS, scholarly articles by distinguished practitioners, latest news headlines from Google, a list of regional centers, EB-5 events and books, and even Chinese language headlines on EB-5 issues. We encourage all those interested in the EB-5 field to download this free App on their iPhones. If you have ideas on how to improve the App or wish to place your ad on the new EB5 App please write to webmaster@ilw.com

Be Careful What You Tweet!

Image representing Twitter as depicted in Crun...

Image via CrunchBase

The Department of Homeland Security has no sense of humor when it comes to messages broadcast over public social media networks according to USA Today.

Two British tourists were recently deported for making unwise tweets before their trip to Los Angeles.  One of the travelers apparently tweeted that he was going to “destroy America” during the trip.  It might be British slang for getting intoxicated but it’s understandable why some would see it as a threat.

Later on this same person tweeted that he was “diggin’ up Marilyn Monroe.”  He claimed it was a Family Guy reference, the Department of Homeland Security was in no laughing mood however.

As the two British travelers were passing through passport control on their way in to the States they report that they were detained, questioned, and held overnight before being placed on a plane back home.

In a statement, US Customs and Border Protection explained:

“Based on information provided by the LAX Port Authority Infoline – a suspicious activity tipline – CBP (U.S. Customs and Border Protection) conducted a secondary interview of two subjects presenting for entry into the United States.  Information gathered during this interview revealed that both individuals were inadmissible to the United States and were returned to their country of residence.”

All on account of a few tweets.

Congratulations to the Class of 2012!

Elizabeth McGowan, paralegal here at Jaensch Immigration Law Firm, couldn’t be more proud of her husband.  Christian McGowan is graduating from Everglades University with a degree in Aviation Management.  He was interviewed by Biz941 magazine for their article on local institutions of higher learning.

After 8 years of service in the Army, inspecting and repairing aircraft and radar equipment, he decided he wanted to be more in the management side of the aviation industry.  So he went back to school while still in the Army.  He’s graduation with a 3.8 GPA after being on the Dean’s List for eight semesters.  He recently started at new job as a management and program analyst at a local FAA office.  We wish him continued success as he pursues his dream of working in Aviation.

To read more about Christian and our local institutions of higher learning, click here.

For Those Starting a New Business in United States, HR Help

Chris Jaensch recently met with Michelle Colburn, who along with her partner, has established a business in Sarasota called Workplace Solutions Pros. The company helps employers develop human resources (HR) strategies. Their services include assistance with finding the best worker for clients’ unique business environment, assistance with assessment and selection of new hires, creation of employee handbooks and HR forms, performance of HR audits focusing on HR efficiency and effectiveness and legal compliance, employee training, employee surveys and other techniques to measure and analyze productivity.

These services are increasingly important in the current economy. Employers can be liable to workers for failure to comply with wage/hour, payroll tax, anti-discrimination and/or other legal requirements; and employers can be fined and even criminally prosecuted for immigration violations. Employers can also save money on the cost of recruiting and training workers if they find the right candidate for the job at the outset.

HR consulting services are particularly important to foreign business owners. Many times, we see that foreign owners and managers of Florida companies, who may have E or L visas, believe that the HR rules and procedures in force in their home country are “basically the same” in Florida. This usually is not the case.

Michelle Colburn and Patricia Matthews, founders of Workplace Solutions Pros, have a combined 40 years of experience in Human Resources and can design a custom HR strategy for businesses large and small.

Patricia Matthews

Patricia (Pat) Matthews has over 25 years of experience in management and consulting for Fortune 100 companies such as Occidental Petroleum and Anheuser-Busch. She develops and implements HR programs that increase productivity and increase efficiency in organizations. She has been featured on Good Morning America, Fox News, CNN, The Wall Street Journal, and Forbes.com.

Michelle Colburn has over 15 years’ experience in business development, strategic planning, and professional training and recruiting. She is a talented recruiter and develops recruiting strategies that fit her clients’ needs, maximizing their return on investment.

Michelle Colburn

If you would like more information please visit their website: workplacesolutionspros.com.

Do I Need a Passport for a “Closed Loop” Cruise?

Most cruises beginning and ending in the U.S. are considered “Closed Loop,” meaning they begin and end at the same port in the U.S. For instance, if you board a cruise ship at Fort Lauderdale, Florida, and after visiting at least one foreign port of call, such as Bermuda, or Cancun, return back to Fort Lauderdale, you have taken a closed loop cruise.

If, on the other hand, you board a cruise ship in San Diego, California, sail through the Panama Canal (stopping at a foreign port during the cruise), and end the cruise in Miami, Florida, you have not taken a closed loop cruise and the following information does not apply to you. As of June 1, 2009 you need a passport (including infants).

U.S. Citizens on closed-loop cruises will be able to enter or depart the country on the cruise with proof of citizenship, such as an original or copy of his or her birth certificate (issued by the Vital Records Department in the state where he or she was born) and, if 16 or older, a government issued photo ID.  If the child is a newborn and the actual birth certificate has not arrived from the Vital Records Department, we will accept a Hospital issued birth certificate.  The United States does not require you to have a passport. (A Consular report of Birth Abroad issued by the Department of State or a Certificate of Naturalization is also acceptable.)

HOWEVER, it is possible that one or more of the Caribbean Islands on your itinerary, does require you to have a passport to enter their country. In that case, it is very possible that the cruise line will require you to have a passport to board, even if it is not a U.S. requirement. You should always check with your cruise ship, travel agent and or destination country to confirm the requirements for entry into the foreign countries you will be visiting.

If you are a Lawful Permanent Resident (LPR) of the U.S., the U.S. government does not require you to have a passport for any travel, including air, land or sea travel, however, you are even more likely to be required by your destination country to have one. A Caribbean island that does not require a U.S. Citizen to have a passport may require a U.S. LPR to have one, and a visa as well.

If you are not a U.S. citizen or a U.S. LPR, you will need a passport for any type of cruise, closed loop or not. If you are traveling under the Visa Waiver Program (VWP), your I-94W (immigration stamp) that you were issued when you first entered the U.S. can be used for reentering the U.S. at the end of your cruise – as long as the cruise ends before your 90 day admission period has expired and you did not travel beyond adjacent islands or contiguous territory, and you were not outside the U.S. for more than 30 days. If the cruise takes you beyond that 90 day admission period, you will have to apply for a new admission, and you will have to convince the CBP Officer that you were not just taking the cruise in an attempt to circumvent the 90 day limit for VWP travelers.

Finally, if you are a VWP traveler who entered the U.S. by land from either Canada or Mexico, an ESTA is not required for re-entering the U.S. as a cruise ship passenger. ESTA is only required for travelers upon their initial arrival in the U.S. by air or sea.

Note: Beginning September 8, 2010, there is a ESTA application fee required by the Travel Promotion Act of 2009. The fee is comprised of two parts:

  • Processing Charge – All applicants requesting an electronic travel authorization are charged for the processing of the application. The fee is $4.00.
  • Authorization charge – If your application is approved and you receive authorization to travel to the United States under the Visa Waiver Program, an additional $10.00 will be charged to your credit card. If your electronic travel authorization is denied, you are only charged for the processing of your application. CBP is not responsible for any third party fees for the transaction. CBP is not responsible for any third party fees for the transaction.

Can I be admitted into the U.S. if I have either a misdemeanor or criminal record (for example a DUI)?

The U.S. does not deny entry to persons with a “Driving Under the Influence” (DUI) conviction, although if there are multiple convictions for this and or other misdemeanors, you could be denied entry.

Generally, any convictions for drug possession can result in denial of entry. If the conviction was long ago, you might contact the U.S. Embassy, Office of Consular Affairs in your country to obtain a waiver. Other misdemeanors may result in denial if they were recent.

A crime of moral turpide (CIMT) may be grounds to deny entry to the U.S.  For a list of crimes;  please click here.

More Brazilian Visa Applicants Good for Sarasota-Bradenton

The United States Diplomatic Mission to Brazil processed 115,269 visa applications in March 2012, a 62% increase over the same month last year.

Why is this good for Sarasota-Bradenton?

Reports from local realtors and the press give the impression that many of the Brazilian visa recipients are visiting the Sarasota-Bradenton area.  With the booming Brazilian economy, many people from that country are looking for places to invest their wealth.  Brazilians are largely credited with turning the Miami condominium market around.  The same could happen on the Gulf Coast.

Consular Workload Brasilia Sao Paolo Rio de Janeiro Recife Total
Average Applicants per Day 757 2522 1563 476 5489
% Change from March 2011 61% 38% 84% 14% 54%
Visas Processed this Month 15,892 55,477 34,379 9,521 115,269
% Change from March 2011 69% 52% 103% 14% 62%
Visas Processed Year to Date 41,459 136,078 93,841 25,259 269,637
% Change from March 2011 42% 47% 106% 7% 56%
Current Wait Time for Visa Appointment

7

 35 7 15 N/A

 

New Business Profile: Londoner Finds Paradise

Today Shaf Patel, Operations Director of Greenscapes, is a happy man.  “Running my own business, working in the sun every day, living in Paradise, what more can I ask for?”

Shaf was born in West Yorkshire and brought up in London, England.  He and his wife, Nas, both worked in central London, he as a Property Maintenance Manager and she as a Marketing Manager for a charity.  His dream was to own his own business and, “Be the master of my destiny”.

Opportunity arose when Shaf’s friend, Tony, a Finance Director, told him he was considering buying a business and invited him to become his business partner.  Shaf’s skills were an excellent match to the demands of the business which was up for sale.  Shaf’s years of experience of managing property management services were directly relevant to Greenscapes which is a full service horticultural company.  Shaf’s background combined with Tony’s financial skills seemed a recipe for success.

“The only issue was the business was in Sarasota, nearly 5,000 miles away”, laughs Shaf.  Shaf and Nas visited Sarasota and immediately felt at home.  “We love the bright, fresh feel of the town and, of course, the beautiful beaches.  There is so much to do.  Sarasota has big city facilities with a small town, community vibe”.  Shaf and Nas decided to leap into a new life.

Shaf approached Chris Jaensch to help.  “Chris had a great reputation and he was so friendly and helpful.  He explained the complexities of the visa process and guided me though the application”. Although the application process took many months and some of Shaf’s friends and relatives thought he was mad, Shaf was determined.

Finally Shaf and Nas received their passports back from the London embassy and inside was their E2 visa stamp.  “It was a thrilling moment’.  They flew out from Gatwick on February 26, 2012 and on March 1, 2012 the sale of Greenscapes was finalized.

Shaf now spends his days managing teams of horticultural workers, from irrigation specialists to fertilization experts, to maintain green spaces across Sarasota, Bradenton and Venice.  “Whether we are working with commercial customers or homeowners, people are entrusting us to make and keep their landscapes beautiful.  I take that responsibility really seriously”, says Shaf.  “Excellent landscaping can promote the right image of a business and increase the value of a home, as well as bring great pleasure to people.  I cannot imagine a better job’.

So was it worth it?  “Absolutely.  It was tough waiting to hear about our visas, but Chris made it as painless as possible and now I spend my days making Sarasota even more beautiful and my evenings enjoying the sunsets”.

Greenscapes is a full service horticultural company.  Their services include grounds management, irrigation maintenance and installation, professional lawn care and landscape design and installation.  Their office is located at 8000 Fruitville Rd their phone number is (941) 379-8320.  The company has been in operation for over 20 years.  Their clients range from individual residences to large companies.  To learn more visit their website: http://www.greenscapessrq.com/default.asp.

Chris Jaensch Speaking at Sarasota Association of Realtors

Big News!

Chris Jaensch will be speaking at the Sarasota Association of Realtors’ International 101 Seminar.  The event is being held next Thursday, April 19, from 2 to 4, with an opportunity to network over some refreshments from 4 to 5.  The address of the Sarasota Association of Realtors is 3590 S. Tuttle Ave., Sarasota FL 34239.

The topic of the discussions is “How to Become an International Realtor.”  We are very excited about this opportunity and look forward to sharing ideas and insights with other professionals in the field.

Entry is free for SAR members and $10 for everyone else.

To read more click on the link to the pdf here: SRQAssociationofRealtors

2012 H1-B Visas Cap Table

This table displays the number of H1-B Visas applied for by the date shown.  As we receive updates we will be adding more information to the table.  Stay tuned.

Date Master Cap Regular Cap Total
4/9/12 8,200 17,400 25,600
4/13/12 9,700 20,600  30,300 
4/25/12 10,900 25,000 35,900
       

 

Cinco de Mayo: Hosted by Gulf Coast Latin Chamber of Commerce

Great News!  The Gulf Coast Latin Chamber of Commerce is hosting an inaugural Cinco de Mayo festival this year.  It will be held on Saturday, May 5 (por supuesto) from 5pm to 1130pm.  Here’s a message from the GCLCC:

Join us for live entertainment that includes Sizzling Salsa, Spicy Latin Jazz, and Spanish Guitar.  Enjoy dancers, delicious food, raffle drawings and so much more.  Enjoy the best of Latin America right here in Sarasota… Dance the night away, Enjoy the music, food, and culture.  Admission is free, the food will be delicious, and you need to be there. 

Visit cincodemayosarasota.com.

For more information, or call the Gulf Coast Latin Chamber of Commerce at 941-358-7065.  

If you would like to be a sponsor, visit the Gulf Coast Latin Chamber of Commerce’s website: http://www.latinchamber.org/CincoDeMayo.

The Brandon ASC Office is Moving!

The ASC Office in Brandon will be taking its final appointments on April 25th.  After that date, the office will be consolidated with the new USCIS Ofice at 5629 Hoover Boulevard, Tampa, FL  33634.  It will resume biometrics service on April 30.


View Larger Map

For those of you who live in the Sarasota area, we foresee more of you going to Fort Myers for your biometrics tests.

Important: The Tampa Immigration Office is Moving

The new address will be:

5629 Hoover Boulevard

Tampa, FL  33634


View Larger Map

ALSO, please note the following schedule changes:

Friday, April 12 through Tuesday, April 17th – No INFOPASS appointments are scheduled. The Tampa Field Office will be open for walk-in emergencies only.

Wednesday, April 18th – the Tampa Field Office will resume its normal INFOPASS schedule.

No interviews will take place between April 16th through April 18th. A normal interview schedule resumes on Thursday, April 19th.

Important note: Customers should report to the new building on Hoover Boulevard as of Monday, April 16th – even if an appointment notice or INFOPASS appointment indicates our old address on West Cypress.

In order to visit this office or to speak with an Immigration Information Officer, you must have an appointment scheduled by USCIS, or you must schedule an INFOPASS appointment, on the USCIS website.

If you have an inquiry and you live near Ft. Myers, you may schedule an INFOPASS appointment online to speak to an Immigration Information Officer at the USCIS Application Support Center (ASC) in Ft. Myers. No mail is accepted at the Ft. Myers ASC.

For more information go to the USCIS Website.

Acceptable Documents for Foreign Applicants for Driver’s License

Many foreigners have a difficult time getting a driver’s license here in the United States.  Unlike other countries, the US does not have a robust system of public transportation, one needs a car to get around.  I am attaching a link here that tells foreigners what documents they need to use the GatherGoGet website.

http://flhsmv.gov/ddl/aila/acceptabledocuments.pdf

GatherGoGet is Florida’s DMV site: http://www.gathergoget.com/

Many people ask us if they need a social security number.  The answer is no.  Unless a foreigner has work-authorized status in the United States they will not have a social security number and the DMV does not require it.  If a person has already been issued one, then they do need it.

We hope this helps.  Please post any questions or concerns in the comments section below.  They will be answered promptly.

Important: New Visa Processing Fees

Effective April 13, 2012 the Department of State will change some of the visa processing fees.

The fee for nonimmigrant visas H, L, O, P, Q and R will increase from $150 to $190.  The fee for B, F, J, and I visas will increase from $140 to $160.

The fee for E-2 fee (investor) visas will decrease from $390 to $270 per person and the fee for F-1 visas fees will decrease from $350 to $240.

Also, the fees for ALL of the immigrant (permanent residence) visas  will decrease,  some significantly.  The fee for an employment based immigrant visa will decrease from $720 to $405.  In contrast, the government fee to do an equivalent background check in the U.S. (adjustment of status) is $1,070 per person.

Check out the New Visa Processing Fees table to find out more.

USCIS Changes Look and Feel of Notice of Action Forms (Form I-797C)

U.S. Citizenship and Immigration Services  is changing the look of its receipt and approval notices (form I-797C).  These forms do not carry any immigration benefit or status.  As such, they will now be printed on plain bond paper to reduce the perception that they signify a change in immigration status.  In addition, by changing to bond paper, USCIS has estimated that it will save $1.1 million per year.

The change went into effect on Monday April 2, 2012.

New Look of USCIS Form I-797C

Click here to read more about the change in the look of Form I-797C on the USCIS website.

Supreme Court Rejects Retroactive Application of Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

A provision in the  Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that stated that the law could be applied retroactively was rejected by the Supreme Court two days ago in their ruling on Vartelas v. Holder, No. 10-1211.  The provision stated that Legal Permanent Residents (LPRs) who entered a criminal plea could not be allowed back into the United States after traveling abroad.  This provision was being applied to Legal Permanent Residents who had entered criminal pleas before the law was in effect.  The Supreme Court ruled 6-3 against this practice citing the “deeply rooted presumption” against applying new laws retroactively.

Here is a link to the Supreme Court decision.

Loans to Foreign Investors AVAILABLE in Sarasota

If you are a foreign investor it can be difficult to get a loan in the United States.  It’s difficult enough for U.S. citizens!  The good news is that a local bank with Spanish roots has developed a program aimed at helping foreign investors get loans in the United States.

Banco Sabadell

Sabadell Bank and Trust, with branches in Miami, North Palm Beach, Naples and Sarasota is offering Consumer Purpose Residential Mortgages for foreign investors and/or foreign-owned LLCs.  The product offer for foreign investors is a 15 year fixed rate with a 15 year amortization or 30 year amortization with a fixed rate terms of 3, 5, or 7 years.  Foreign-owned LLCs will receive the same 15 year fixed rate with 15 year amortization or a 25 year amortization with fixed rate terms of 3, 5, or 7 years.

The bank is only providing loans to make new purchases or refinance existing purchases (no cash out).  Loans can be up to 60 percent of the purchase price or appraised value, whichever is less, up to $3 million.  To qualify, the borrower must show 2x the borrowed amount in liquid funds in a U.S. or foreign financial institution.  There may be pre-payment penalties.

To find out more about the loan products contact Daniel E. Vigne, CFP, Executive Vice President

Market Executive, Sabadell Bank & Trust, 783 South Orange Avenue, Suite 100, Sarasota, FL  34236

Phone (941) 364-5080 or email:  Daniel.Vigne@sabadellus.com.

Region in Top 10 for International Home Buyers

The “Sarasota Herald-Tribune” has reported that Sarasota county is No. 4 in the country for foreign home-buyers.   In fact, five of the top ten regions for foreign home buyers are in Florida.  They include, “Lakeland-Winter Haven, Cape Coral-Fort Myers, Orlando and Miami-Fort Lauderdale. Tampa-St. Petersburg came in at No. 9.”  In Sarasota County 6.5% of homes are bought by someone from overseas.

Here are some figures:

6.7 percent of buyers were foreign in Sarasota County from May 2011 to January 2012, while 6.1 percent were from another country in Manatee County.

13.1 percent of new homes sold in Sarasota were to foreign buyers while 12.3 percent of existing condominium sales in Manatee changed hands to international buyers.

Most intriguing is this:

The percentage of buyers who pay in cash is even higher than domestic buyers, who in 65 percent of transactions handled by Michael Saunders made their purchase without a loan in 2011, she said.

Most of these foreign buyers come from Canada, with the UK coming in second.  The county is seeing a small increase in the number of home buyers from Asia and Latin America.