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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96415
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am spanish citizen with E2 visa for a american company owned

Resolved Question:

I am spanish citizen with E2 visa for a american company owned by a spanish company.

Now I am founding a new US company, where I am going to make some investment and tecnology transfer. The new company will have more than 6 employees up 3 months. I know that i can change the company of my E2 visa more ore less easily, but I won´t be transfer from a spanish company.

But, as i have spouse and 2 kids, i´d like to do the best way to get green card, and citizenship in the future for my kids.

is it changing the company of my current E2 visa the best way to get green card in the future, or is it better other way like H1B? I am MSc Computer Science.

Thanks in advance
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. Believe me that I will try my best to give you a solution if one exists, but sometimes the law does not have a good one.


How much money will you invest in your company? Do you have a company that you own for 1 year or more outside of the U.S.? And where do you plan to open the U.S. company?
Customer: replied 1 year ago.

 


I will invest $120-150K in cash and $800K in technology assets for the company.


 


My wife has a company in Spain for more 8 years at least. I have 3 inactive companies in Panama for more 1 year. My sister has another spanish company for 15 years ago.


 


The US company was created for US citizens 3 years ago, but it was inactive. Now, I am going to acquire 50% or more of memberships, invest cash, transfer technology assets, and ask loans or convertible debt for the company. I will be Chairman and COO of the company. The rest of memberships will be of my partner with american-cuban-spanish citizenships.


 


3 years ago I got L1 visa, after I got E2 visa for my current company, and now I want to change to my new company.


 


I have spouse and 2 kids. My spouse works as Spanish teacher in a Miami school, and my kids study in a Miami school for last 2 years. My wife and me was married too the last year in Miami, after 25 years of partnership.


 


Thanks in advance

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
And what location will you open the company? In Miami?
Customer: replied 1 year ago.

Yes.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
OK. While the law only says, "substantial investment", for the E-2 visa they usually look for around $200,000 or more. This is because anything less is a weak case that could easily fail. And they will not approve a visa for a business that they think will easily fail and you would end up being out of status. The reason I ask where you plan to invest is because if you go to a big city, Las Vegas, New York, Los Angeles, Miami, Dallas, Atlanta, Chicago, etc., where most people want to live, the cost of living and doing business is much higher. If $150,000 is all you have and you still want to be successful, you may have to open the business in some smaller town in Miami. This is because a $150,000 or so investment would have a much better chance of succeeding in such a location. A $150,000 investment is not, bad, it just could be better.

Usually attorneys do not take cases of E visas for less than a $200,000 investment because they do not want to risk losing the case and having an upset client because the client has to have the money already invested and at risk and if it is denied, they have to try to sell the business or something to try to recoup their investment.

Here is a link to the E-2 if you want to read more:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=2ea36811264a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=2ea36811264a3210VgnVCM100000b92ca60aRCRD

Since you own a business outside of the U.S. for more than 1 year, if you will continue to run that business (reactivate it, etc.) , you can invest $120,000 or more in a U.S. business (doesn't have to be the same business, but must be related by ownership) and you can try for an L-1A visa. Here is a link to that, but keep in mind that both businesses have to be run and should be successful. You can't just come to the U.S. and forget about the business outside and let it die:

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

The L-1A has the benefit that once you have it, even though it is limited to a maximum of 7 years, after a couple of years, when you have proven that the investment is solid, that the company has put to work a number of U.S. workers, etc., it is relatively easy to get a green card. Here is a link:

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-first-preference-eb-1

 

The E-2, on the other hand, has no limit as to how many times it can be renewed, but the company would need to grow to have an investment of $1,000,000 or more ($500,000 or more in a rural or high unemployment area as designated by the U.S. government) AND the company must create jobs for at least 10 U.S. workers. Here is a link:

http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor

 

So the L-1A is the better visa but only if you will put a good number of U.S. workers to work. The E-2 is good if your company will not generate lots of employment at the beginning, but the investment will eventually reach a high amount with 10 U.S. workers employed. 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 to you. 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/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!

Customer: replied 1 year ago.

 


Thanks.


 


For E2: I can invest until 200K$ but the initial agreement with my partner is $150k cash and $800k like valuation of my technology transfer. The question if it's only possible to get green card in this situation with personal $1MM investment, or another investments from angel capitals are qualified.


 


For L1A, the only problem is to maintain active the spanish business. could it be only a holding company because really it won't be very active.


 


it is possible another way to future green card for EB1 or EB2 without keeping active the spanish company?


 


Thanks

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Well, that's another problem. The money to qualify has to be yours. So if you need $200,000 or more to qualify and you put in $100,000 and your partner puts in $100,000, then that is not enough. For you to get your status, you are the one that has to put in the substantial investment on your end. Your partner can put in investment and even more than you do, but you still have to meet the requirements individually. Same thing with the $1,000,000 investment. It has to be from you.



As far as the L-1A, no, the company outside has to be an active company. So if you are going to go that route which has the benefits that I outlined, you are going to have to figure out how to keep the company outside of the U.S. active enough to satisfy USCIS that it isn't just a shell company or holding company that exists to get you the L-1A status.


As far as the EB-1 and EB-2, you have the links. You know what is required for each. Just in case, here is a link to the EB-2:


http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2



If you have an Advance Degree, you will need a job offer and that company has to apply for you and the job MUST require a masters degree. It cannot require a bachelors degree or higher and you just happen to have a masters degree.


Please let me know if you have additional questions and please do not forget to rate my service to you positively (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. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96415
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 2 other Immigration Law Specialists are ready to help you

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Attorney At Law
35246 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.