DOING BUSINESS IN THE U.S.
OUR EXPERTISE
We are one of the few firms to bring non-real estate projects into successful EB-5 projects.
Whether the interest is for “doing business” or immigration purposes, MSA will analyze, craft and strategize entrepreneur, direct-pooled, and regional center projects. MSA work with recognized economists, tax advisors, due diligence advisors and certified public accountants to meet the needs of our clients.
- Direct investments into the U.S.
- Establishing companies
- Assist in joint ventures
- Drafting and reviewing of offering documents, including operating & escrow agreements, confidential private placements, loan agreements, business plans
- Advising on direct vs. regional center options
- Advising on renting or establishing a new regional center
- Preparing and filing applications for regional center designation
- Drafting and reviewing contracts and agreements with third parties
- Compliance services
MSA has successfully crafted and funded projects in multiple business sectors and industries, such as: real estate, transportation, pharmaceutical, technology, medical, dental, resorts, senior assisted living facilities, charter schools, gold mine, environmental and nuclear cleaning projects.
NONIMMIGRANT BUSINESS INVESTMENT ROUTES
TREATY TRADERS / TREATY INVESTORS (E-1 / E-2 VISAS)
The E-1 / E-2 are temporary, nonimmigrant visas based on a bilateral commercial treaty or other agreements between the U.S. and the applicant’s country of nationality (citizenship). A spouse and unmarried children under the age of 21 may accompany or follow to join the principal applicant. An E-2 spouse is eligible for work authorization, and E-2 dependents can attend school in the U.S.
E-2 VISA & EB-5 An E-2 visa does not automatically transition into EB-5 but can be established through viable projects meeting specific requirements. What is important is that there is no minimum time requirement for an investor to stay in E-2 status and that the E-2 capital investment may be counted towards the EB-5 requirement.
NONIMMIGRANT BUSINESS INVESTMENT ROUTES
INTRACOMPANY TRANSFEREES (L VISAS)
The L visa is granted to an individual who was employed by a foreign company for one year continuously, within the last three years of the L application. The foreign company must have a link either as a parent, branch, affiliate, or subsidiary of the U.S. petitioning company. The principal applicant can bring a spouse and unmarried children under the age of 21 (L-2s). An L-2 spouse is eligible for work authorization.
NONIMMIGRANT BUSINESS INVESTMENT ROUTES
MULTINATIONAL EXECUTIVES AND MANAGERS (EB-1C)
The Multinational Executives and Mangers (EB-1C) is a first preference immigrant petition for priority workers ultimately leading to a green card. The company must have a foreign entity, and must be “doing business” in the U.S. for one year. No labor certification is needed for this visa. Comparison between E-2 and EB-5.
DOING BUSINESS IN THE U.S.
COMPARISON BETWEEN E-2 AND EB-5
CATEGORY
E-2
EB-5
CATEGORY
Visa
E-2
Non-immigrant Visa
EB-5
Immigrant Visa
CATEGORY
Investment amount
E-2
No required amount; however, needs to be substantial
EB-5
Minimum investment amount is $900,000 if the project is in TEA; Otherwise it is $1.8 million (soon to increase)
CATEGORY
Proof of Source of Funds
E-2
Money must come from a legitimate source and traced
EB-5
Money must come from a legitimate source and traced; requirement is more extensive than the source of funds requirement for E-2 Visas
CATEGORY
Nationality
E-2
Nationality requirement
EB-5
No nationality requirement
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Job Creation
E-2
Some (No mandated amount nor a time constraint)
EB-5
10 full-time jobs per investor
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Intent to depart
E-2
Yes
EB-5
No
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Visa Validity
E-2
Indefinite
EB-5
Two-year conditional resident status, then permanent resident status
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Processing Time
E-2
Can be processed in about three months, or with premium processing, 15 business days
EB-5
Can be more than 14 months