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Investors

The lawyers of Mawby & Litz are strategic partners in the international operations of U.S. companies. They provide expertise in the area of international agency and distribution channels, international commercial law and contracts, international trade compliance, and other essential services for your international operations.

As for non-U.S. persons and companies wishing to establish or expand their operations in the United States, the attorneys at  Mawby & Litz will help you obtain your own investor visa, as well as assisting with your various legal needs in relation to U.S. business operations. Their lawyers then work with you to obtain visas that permit you to have skilled professionals join your U.S. venture.

E1 The E-1 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States solely to engage in international trade on his or her own behalf. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. If the treaty trader is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-1 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee's behalf.

E2 The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. If the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.

EB5
1990 the fifth employment based preference (EB 5) immigrant visa category was created for immigrants seeking to enter into a commercial enterprise that will benefit the US economy and create at least ten full time jobs. The capital required for investment is one million dollars. There is an exception for targeted employment areas in which the capital investment is lowered to five hundred thousand. Under 203(b)(5) there are ten thousand visa available to the EB 5 preference category yearly. Three thousand of those are reserved for those applicants in the targeted employment areas. However, in reality only about fifteen hundred have actually received such visas in any given year. Over a billion dollars have been invested as a result of the program into the US economy.

For those under the EB 5 program the statutory requirements are

  1. The investment of one million dollars by each investor in a new enterprise (or in the process of investing) or five hundred thousand in a targeted employment area must be a new enterprise unless the enterprise was created prior to 11/29/1990
  2. Must be a benefit to the US economy
  3. Create at least ten full time jobs directly
  4. Alien must have at least a policy making role in the enterprise.
  5. Capital acquired from lawful sources

To facilitate the program the Pilot Program was created for those who invest in designated regional centers. The current program is set to expire September 30, 2012. The Pilot Program allows the creation of ten full time jobs either directly or indirectly as a result of the investment. Additionally, it permits private and governmental agencies to be certified as regional centers if they meet certain criteria.

The application is completed on the I-526. Upon approval of the initial application, residency shall be granted on a conditional basis. After a period of two years by filing the I-829. The I-829 must be filed or status will be cancelled. The investor can file 90 days prior to the expiration of said conditional status.