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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95543
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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. If I purchase a hotel(LLC) in Florida, what kind of Visa

Resolved Question:

. If I purchase a hotel(LLC) in Florida, what kind of Visa can I get in order to live in U.s.A. and manage my hotel?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Wilton A. Person replied 1 year ago.
The E-2 Investor visa would probably be your best option because it can effectively be renewed every two years for an indefinite period of time assuming that you maintain your eligibility for the E-2 Investor visa.

The E-2 Treaty investor visa could possibly be a good fit for a hotel purchase and subsequent management if you can demonstrate to the satisfaction of USCIS that your US based start-up company is able to meet the requirements of the E-2 treaty investor visa as outlined briefly below:

1)The investor must be a national of a country that has a trade treaty with the US.
2) The investment must be substantial meaning that it must be sufficient to operate the business.
3) The investment must not be marginal meaning that the income generated must be more than merely providing basic expenses
4) All of the investment must be at risk.
5) The investor must have control of the funds.
6) The investor must be coming to the US to develop and direct the enterprise.

The chance of success is primarily based upon how well your application matches up with the requirements but is impossible to determine without a comprehensive review of your case by an immigration attorney but the critical factor is having sufficient financial resources to invest in the type of company that you plan to start.

Please let me know if you have any additional questions.
Customer: replied 1 year ago.

China have no trade treaty with u.s.


 

Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response.

The Employment Based Fifth Preference category may be a viable option because the visa is current, meaning that it would be processed immediately upon approval.

The basic requirements are fairly simple in that you would need to invest at least $500,000 in an area that is designated as an high unemployment area or rural area and hire at least ten United States citizens or lawful permanent residents.

The most desirable factor with respect to this type of visa is that an approved EB5 visa allows you to be lawful permanent residents of the United States immediately and be eligible to apply for United States citizenship within five years.

From a business perspective and depending on the area in which you lived previously and intend to live in the future, you are very likely to obtain good value for a commercial hotel in Florida, equipment, and be able to pay a reasonable wage to workers.

As for the visa application itself, it is highly recommended that you hire an immigration attorney who concentrates in the EB-5 as the application requires substantial documentation such as business plans, sales projection, verification of net worth, etc.

Please find a link to more details as to the EB5 visa.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=facb83453d4a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=facb83453d4a3210VgnVCM100000b92ca60aRCRD
Customer: replied 1 year ago.


I don't need EB5, as I can not empoly 10 persons. and I don't need green card, only need a long term visa to stay at u.s.a. to manage my hotel.


 

Expert:  Wilton A. Person replied 1 year ago.

Thank you for your responses. Unfortunately, there is not a long term visa available for the type of business that you are proposing. If you are not eligible for the E-2 treaty investor visa and are not interested in a green card and cannot employ ten persons, there is not a long term or short term visa that matches your specific requirements based upon your desire to be a business owner in the United States.

 

The majority of visas fall into the employment category which I assume that you are not interested in pursuing.

 

 

Customer: replied 1 year ago.


But since I can buy a hotel, why I can not get visa to work in my hotel?


There must be some visa for me .

Expert:  Wilton A. Person replied 1 year ago.
Thank you for your response. Unfortunately, I personally do not see another option for you but I will opt and open your question to the other immigration attorneys.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


I am in agreement with my colleague, but let me ask you a few questions:

1) You are not from Taiwan?

2) How much money do you have to invest in the business?

3) Do you own a business outside of the U.S. for 1 year or more?

Customer: replied 1 year ago.


Ok. Guillermo, from the questions you asked? you seems more experienced than your colleague.


 


1) I am not from Taiwan.


2) About 110million.


3) My husband and I owned more than 50% of a company sharehold.


 


What I need to be helped is that I am going to come into the purchase process of a hotel. but before this, I need to know how and which kind of visa that I can get in order for me to live in U.S. A and manage my business? Is there any tax policy and bank loan policy different between non-resident and a green card holder? I also heard that as an American resident , he not only need to pay the income tax in American,but also income from abroad, while "American resident" is not defined wheather you have green card or not, but is defined how many days you stay in U.S. A.. Is it true? If yes, then in my case, how many days to stay in U.S. A can be regard as "American resident" and pay the both income taxes?


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Ok, so the issue here is that he does not want a green card, but he just wants a visa and wants to make sure that he does not have any U.S. tax consequences, AND he wants to manage the business? This may be a situation of that you want your cake and you want to eat it too and that may not happen. So I want you to be prepared for that. So do I have it basically correct?
Customer: replied 1 year ago.


Basiclly, you did not reply my questions and you've given a wrong conclusion from what I asked.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

If you look, I did not give you an ANSWER. I gave you an INFO REQUEST. I am not trying to be difficult here, but please work with me. I want to help, but I need more information in order to help you. I am not making conclusions, I am asking for more information from you. U.S. immigration law is very complicated and even one piece of information could change an answer. Let me clarify the questions for you:

1) He does NOT want a green card?

2) He wants a visa to come and go as he pleases?

3) He wants to manage the hotel?

4) He does not want to pay U.S. taxes?

5) Does he own a business outside of the U.S. for 1 year or more?

Please answer each question and I will try to help you. Thank you.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
As I said, immigration law is very complicated and in order to give you the right answer, I need to get all of the facts correct. So please respond to my questions so that I can give you a helpful answer. Thank you.
Customer: replied 1 year ago.

My answer to your questions as follow:


 


1) He does NOT want a green card? Yes.

2) He wants a visa to come and go as he pleases? Yes. just permit to stay, even I do not draw salary from management.

3) He wants to manage the hotel? Yes.

4) He does not want to pay U.S. taxes? He want to follow the U.S.A taxes policy and be legal. He should may the tax which is relative in U.S. A. but he don't want to pay the tax outside U.S. A..

5) Does he own a business outside of the U.S. for 1 year or more?

This I have replied before. My husband and I owned more than 50% of a company sharehold.


 


The questions that I am also concerned and which are relative with the Visa are:


 


Is there any tax policy and bank loan policy different between non-resident and a green card holder? I also heard that as an American resident , he not only need to pay the income tax in American,but also income from abroad, while "American resident" is not defined wheather you have green card or not, but is defined how many days you stay in U.S. A.. Is it true? If yes, then in my case, how many days to stay in U.S. A can be regard as "American resident" and pay the both income taxes?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I can answer only your U.S. immigration question, not really the tax question. The only visa that I see as a possibility is the L-1A visa since he does not want a green card. For the L-1A visa, it seems you have more than enough of investment and that he owns a company outside of the U.S. for more than one year will work. That company outside must continue to run and produce. He cannot let it die. So I think with that, he is an excellent candidate for the L-1A visa. Here is an official link:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=64d34b65bef27210VgnVCM100000082ca60aRCRD&vgnextchannel=64d34b65bef27210VgnVCM100000082ca60aRCRD

With such a large investment, I would hire an attorney to make sure that everything is done correctly because the money must be invested and at risk before they will approve the visa. You can look for an attorney at www.ailalawyer.com.

As far as the tax question, I can answer that to be considered a "resident" for tax purposes (and you do not need a green card for this), it is 180 days or more of time spent in the U.S. Also, keep in mind that the investment visa is not only to invest money in the U.S. and create jobs in the U.S., but also to pay taxes in the U.S. As far as how else he can avoid paying taxes, that I cannot answer for you, BUT if a treaty exists between the U.S. and China in regards XXXXX XXXXX (and I am not sure if one does), then he would be able to avoid having to pay double taxes on this investment and income.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Customer: replied 1 year ago.

For L-1A visa, how about max.7 years later, since I will have bought the hotel, How can I live in U.S.A then?


 


When you say :"resident" for tax purposes (and you do not need a green card for this), it is 180 days or more of time spent in the U.S. t


Do you mean that if I stay in U.S. more than180day in one year, than I am regard as "Redident" who not only pay the income tax which earn in U.S.A, but also pay the income tax which earn outside U.S. A? even if I have no green card? Please this is very important for me to carify before the next step.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I did not say it was a perfect solution. You would have ot leave the U.S. for 1 year, then apply for a new L-1A. Most people do an E-1 or E-2 because that is a visa that does not have any renewal limits, but since you are not a citizen of a treaty country, that will not work. IF you become a citizen of a treaty country, then it would work. You do not have to be born in a treaty country but you can acquire the citizenship of a treaty country in order to qualify.

And I state again, I am not a tax attorney. Your question was primarily a U.S. immigration question and is in the immigration forum. If you want true expert advice, you should post a new question in our Tax forum. I sincerely XXXXX XXXXX you still rate me positively because I have given you much information. Here is a link that I feel may help anyway:

http://www.irs.gov/publications/p519/ch04.html

If you are not able to get the citizenship of a treaty country, then you will either have to leave the U.S. for at least a year and then apply for a new L-1A or you may have no choice but to apply under EB-5 for a green card.

Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Customer: replied 1 year ago.


I have Cyprus P. R.(not passport) ,does this works for E2 Visa?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
No. You have to have full citizenship of a treaty country in order to qualify for an E visa.

Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95543
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

When you say :"resident" for tax purposes (and you do not need a green card for this), it is 180 days or more of time spent in the U.S.


 


I know you are not for tax, but above question is "resident", And I am not quite understand the above, Would you explain clearly that how long time stay in each year could be regard as "resident" for tax purposes? I heart that the calculate is very complicate, they say last year is one day calucate as one day, but the year before last year one day is calcuate as 1/3 of the day etc. Would you please explain this law?


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Generally, when you see resident with a small "r", it means just that you are residing in the U.S. If you see Resident with a capital "R", it means the U.S. immigration status of U.S. Lawful Permanent Resident. And I think (not sure), but it would be 183 days were one is residing (with a small "r") for tax purposes.
Customer: replied 1 year ago.


Sorry, still don't understand. confused with big "R" and small "r', I need to know in my case how many days each year to stay in U.S.A. will be regard as "resident' for tax purpose? 183 days is for one year or 3 years?


How do they calculate the day for each year?


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I believe it is 183 days that you stay in the U.S. out of every 12 months and you would be subject to U.S. taxation. That last link that I gave you to the IRS webpage should explain that. I would feel much more comfortable if you posted a new question in our Tax Law forum so that a tax lawyer would respond.

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