Business / Investments in the USA
The United States of America is one of the most economically strong countries in the world, and this provides many opportunities for business.
Foreigners wishing to start business in the United States can obtain a temporary residence permit under the Treaty Investor/E-2 program, or a permanent residence permit (Green Card) under the E5/EB-5 program.
Investments under the EB-5 program can be both direct – to your own enterprise, and indirect (passive) – with the involvement of so-called “Regional Centers”.
Feod Group is pleased that it has a unique position distinguishing it from others in providing legal services in that it has offices in Ukraine (Kiev and Odessa) and in the USA . This allows us provide a wide range of services related to business immigration to the USA:
– evaluation of applicant’s compliance with program requirements;
- selection of the most suitable business to buy, or registration of companies of all types in all states of the USA;
- legal and financial examination of the documents of a seller, examination; support of qualified brokers, property attorneys, auditors and accountants;
- accountancy services related to drafting business plan, business support as well as tax planning is provided by US specialists of Feod Group;
- consultations and legal support of business immigration case by international lawyers of Feod Group;
- applying for an extension and adjustment of B1/B2 status to the E2 or EB-5;
- applying for the Green Card and US citizenship.
We will provide you with full support for obtaining an E-2 or E5 / EB-5 visa at the US Consulate.
If you are in the USA and have a valid visa, we will provide you with all legal and business services for the change/adjustment of your status to E-2 or E5 / EB-5.
The Feod Group office in the United States is headed by Mr. William Slattery, a retired high ranking employee of the Immigration and Naturalization Service of the United States.
Treaty Investor – investor visa E-2
E-2 visa allows an investor and his family to live in the United States during the validity of the visa or the period allowed at the U.S. port-of-entry (usually 2 years). It does not allow the applicant to immediately get a Green Card, but the applicant who is in the United States for this type of visa has the opportunity to adjust to an immigration category within the country. The E-2 investor visas are for citizens of countries with which the United States maintains treaties of commerce and navigation, one of which is Ukraine.
To qualify for a Treaty Investor (E-2) Visa the investor must:
- have the nationality of a treaty country;
- have invested, or be in the process of investing a substantial amount of capital in a bona fide USA enterprise;
- be in a position to “develop and direct” the enterprise.
Below is a more detailed analysis of the requirements for a E-2 visa applicant:
- The investor arrives in the United States to invest for a new business venture, or purchasing a pre-existing business.
- The applicant’s investment must be in a bona fide enterprise and may not be marginal.
- The investing funds must be the applicant’s, and be invested in his own business.
- The applicant must show a clear and legitimate path regarding the source of capital invested.
- The purpose of arrival in the United States is the management and development of the enterprise.
An investment from $ 70,000 to $100,000 (depending upon location) is considered as substantial for an E-2 visa.
It is important to prove that the main part of preparation for doing business in the United States have already been carried out while submitting documents to the US Consulate. This process should be at the final stage, and not a distant plan or desire.
The spouse of the E-2 and unmarried children under twenty-one (21) may seek admission to the USA and, if approved, generally will be granted the same period of stay as the E-2.
Feod Group provides its clients with services in selecting an enterprise or business for investment, as well as full visa and immigration support for the client during his/her visa application in Ukraine and the adjustment of immigration status in the United States. Offices in Ukraine and in the USA allow us to provide a full range of brokers, lawyers, auditors, financial experts to ensure the most profitable and reliable investment of the client.
E5/EB-5 visa (Green Card through investment)
US immigration law provides visa category for immigrant investors whose activities are beneficial to the US economy, including through the job creation.
Residence permit (Green Card), obtained on the basis of the EB-5 visa is issued for a period of 2 years (Conditional Permanent Residence). If the investment meets the requirements listed below, the investor can obtain unconditional residence permit upon submitting the relevant documents.
An entrepreneur can apply for this type of visa in the event that he has established a new commercial enterprise:
- in which the alien will engage in a managerial or policy making capacity;
- in which the alien has invested or is actively in the process of investing the amount required for the area in which the enterprise is located;
- which will benefit the USA economy;
- which will create full-time employment in the USA for at least ten (10) US citizens, permanent residents, or other immigrants authorized for employment
Establishing commercial enterprise means any for profit, lawful activity, such as:
- newly created business or
- the purchase and restructuring of an existing business such that a new commercial enterprise
- the expansion of an existing business such that there is a 40% increase in the net worth or in the number of employees.
To qualify for immigration status, a foreign investor must invest the following minimum qualifying amounts:
- $ 1,000,000 (US); or
- $ 500,000 (US) in a high-unemployment or rural area, considered a targeted employment area.
The investor may also invest in a “Regional Center”. In some cases, such investments are more preferable, since they exclude the need for the investor to constantly monitor the activities of the enterprise, and give him more personal freedom.
The Feod Group has expertise in the conduct of International business and in knowledge of the U.S. Immigration Laws. Our professionals stand ready to assist clients with the understanding of the investment programs, which require substantial documentation that meets a high standard of legal sufficiency. The identification, collection and review of documents to be used as evidence are integral steps in achieving an approval of the application. In addition, tax planning is a vital exercise and experts can be made available.