Business Relocation to the US
If you have business in China, South Korea, Japan, India, Vietnam, Russia, Belarus, Ukraine, or Kazakhstan and are considering its relocation, the US is one of your best options for immigration. After all, the United States has always been an attractive destination for talented entrepreneurs willing to expand their business. However, the immigration process is getting more and more complicated and requires thorough preparation. Let's consider the potential challenges of relocating business to the US, the available visas, and why you might need to consult an attorney.
Businesses in the United States: Who Can Benefit from it and When to Move?
Business immigration is a wonderful opportunity for entrepreneurs who are willing to expand their business to the US, although it is not only available just for them. Other categories of people can take advantage of this opportunity as well, including people with extraordinary abilities in science, sports, art, and business who have a proven track of achievements in their fields
When asked ‘When is the best time to immigrate?,’ we give a very simple answer: now. The United States is an ideal location both for young, ambitious people who are eager to build a career or start a successful business and for adults who are dreaming of spending their golden years in a comfortable environment.
How to Relocate a Business to the US
|O1||Moving to the US||Can be extended multiple times|
|receiving EB1A (Green Card)||receiving US citizenship|
|EB1A||receiving American citizenship|
|L-1||can be extended up to 7 years|
|receiving EB1C (Green Card)||receiving US citizenship|
|E-2||can be extended multiple times|
|receiving EB5||receiving US citizenship||EB5||receiving American citizenship|
Which Type of Visa to Choose
The choice of the most appropriate type of visa might be affected by a number of factors, such as your purpose, qualifications, work experience, and so on. In this article, we would like to concentrate on two major groups of immigrants – people with extraordinary abilities and businesspeople.
People with Extraordinary Abilities
People with extraordinary abilities are eligible for two categories of visas: O1 and EB1A. These are issued to people who have achieved recognition either nationwide or internationally. The main difference is that O1 is a nonimmigrant visa and EB1A is an immigrant visa, so it makes you eligible to apply for a Green Card. Both of these visas require you to meet a number of specific criteria, but the requirements for O-1 are less complicated to meet. That’s why some of our clients get O-1 visas first, move to the United States to continue working in the field of their expertise, and file a petition for their EB1A visa and Green Card while residing in the States
If you choose O1 visa, there is one very important thing to remember. You have to find an employer who will start the visa application procedure. Nevertheless, the O-1 visa has a number of major advantages: it doesn’t have annual quotas and it can be extended multiple times, provided you meet certain requirements. O1 is often used by startup founders. If that is your case, you don't need to look for an employer. Instead, your own U.S. company will file a petition to hire you as an employee.
Meanwhile, the EB1A provides more opportunities. For example, you are allowed to file a petition for citizenship after five years of residing in the US. It also enables you to start a visa application process on your own (without an employer).
Entrepreneurs can apply for such visas as L-1, E-2, EB-5 and EB1C. Each of them has its own peculiarities, so let’s consider each of them.
L1 — employment based, allows a business to transfer a top manager or executive of a foreign company to their U.S. affiliate, subsidiary or parent company. This visa category is quite popular in post-Soviet countries, especially among citizens of Russia, Belarus, Uzbekistan, Tajikistan, and Turkmenistan.
Investment visa E2 is attractive for many business people because of the relatively low amount of investment necessary (about $100,000) to qualify and the opportunity to stay in the United States for an indefinite period by extending the visa. However, it has its disadvantages as well. To qualify for E2 visa, you have to be a citizen of Taiwan, South Korea, Japan, Egypt, Israel, Turkey, the following post Soviet countries: Latvia, Lithuania, Ukraine, Moldova, Kazakhstan, Kyrgyzstan, Georgia, Armenia, Azerbaijan, and several others. Natives of India, Vietnam, Russia, Belarus, Uzbekistan, Turkmenistan and Tajikistan cannot apply for E2 directly, as these countries have not signed a special treaty with the United States. However, if your spouse is a citizen of a country that has signed the treaty with the US, you can receive E2 visa through them. It is also possible to receive an E2 through Grenada citizenship as well as Turkey and several others.
Another option is EB5 Immigrant Investor Visa. Upon receiving it, you will get a Green Card and a permanent US resident status. The major objective of stimulating investments through EB5 is to create jobs for American citizens. Annually, 10,000 EB5 visas are issued to foreign investors who meet certain criteria.
To qualify as an immigrant investor, the applicants must meet the following three requirements:
- Invest $800,000 into the US economy (15 March 2022 the minimal investment was increased to $800,000 from $500,000). It can be your own business or somebody else’s business.
- Provide information about the source of your investment capital. This means that the money has to be “clean”.
- Create at least 10 U.S. jobs.
The EB1C Immigration Visa is offered to extraordinary business people, executives, and managers. It allows for relocating employees to the USA from a foreign company. However, the US company has to be connected with the foreign company. This means that the American company can act as a parent company or a subsidiary, the head office or a branch of the foreign company.
An important thing to remember is that the EB1C is similar to L1-A, but the former enables you to stay in the United States permanently. If an applicant has a non-immigrant visa like L1-A, they are more likely to receive an EB-1C, although it is not an obligatory requirement. Our attorneys will help you receive an EB-1C visa by taking into consideration the specific characteristics of your business and your career record.
How Soon Can You Move?
The fastest way to relocate to the US is to receive an E-2 Investor Visa or L-1 Visa, both of which can be issued within 15 days if you use premium processing.
O1 can also be approved relatively quickly: within 15 days if you use premium processing. However, completing the paperwork that proves your extraordinary abilities can take from several weeks up to a year.
This EB1A is similar, as the petition is processe within 15 days if you use premium processing. However, the preparation time varies from case to case (from several months to one year).
Finally, let’s talk briefly about the visa that is the most time-consuming: the EB5 visa. As it is an immigration investment visa, it can take from 2 years and more to process.Applicants from China, India and Vietnam usually face even longer waiting periods up to 14 years because of the huge number of petitions from these countries. To avoid huge backlog some applicants could obtain a third-country citizenship.
Visas for Your Family and Team
If you are considering relocation to the USA with your family, your immediate family members are eligible for all the above-mentioned visas.
Only your husband or wife and unmarried children under 21 are considered immediate family.
As for your team, you can use different options. For example, you can use E-2 visas to move professionals from your country as long as you have a functioning business. These team members are not required to provide investments. You can also arrange a transfer for your employees by applying for L-1 visas for executives or O-1 visas for employees with extraordinary abilities.
How Likely Am I to Have My Petition Approved?
A lot of clients expect a guaranteed end-result. However, the reality is that even licensed US attorneys cannot guarantee the positive outcome of your case as the final decision will be made by the immigration authorities. Nevertheless, we can guarantee a 100% professional and diligent handling of your case. So, if an immigration “expert” promises you a guaranteed result, they might not be a real professional.
Why Consult ACS Law Offices, Inc?
If you seek legal assistance from our company on relocating business to the U.S., you will receive a qualified legal consultation on how to choose the most efficient way to relocate. You can also rest assured that your paperwork to file a petition will be completed properly, and all your questions will be answered promptly.
Moving business to the USA requires a profound knowledge of immigration processes and corporate law. Our corporate department can assist you in setting up your business in the US, opening bank account, registering a patent or trademark, to name a few. We help our clients deal with any legal and immigration issues at any stage of relocation.
Trust your business to the professionals!