Tag Archives: EB5 lawyer Naples

Work Visas

Work Visas | Rothrock Immigration Lawyer | Naples | Fort Myers | Boca Raton

Work Visa USA | US Immigration Lawyer Carl Rothrock

Immigration Attorney Carl Rothrock standing in front of the bar he rebuilt after Hurricane Charlie. Carl is a licensed Florida Contractor in addition to being a licensed attorney. He understands the day to day struggles of the small business owner.

Carl Rothrock is a U.S. business immigration attorney who has successfully filed work visas for applicants from all over the world. He has offices throughout Florida, including Naples, Fort Myers, Miami, and Boca Raton.  He has filed thousands of cases, including EB1, EB2, NIW, EB3, EB5, O, P, H1B, and TN applications.  In addition to being a licensed attorney, Carl is also a licensed Florida Building Contractor and has developed several real estate developments throughout Florida. As a small business owner, he understands the frustrations of the small business owner. Good workers are hard to find, and they are harder to keep. Many foreigners want to achieve the American dream and will work hard to prove themselves. They bring with them richness and culture of their countries and are eager to please their employer if given a chance.

Permanent Work Visas

An employer may sponsor an employee for a permanent job.  The permanent residence card is also known as a “green card.”  If the petition is approved, the employee’s spouse and children under 21 may also receive green cards.  There are three primary categories of business visas.  The first is the “EB1,” visa.  The second is the “EB2” visa.  The third is the “EB3” visa.  The government limits the number of visas each year in each category by country of citizenship as well as type of visa.  Some of these categories require the applicant to have a job offer while others do not. Visit our pages for these visas to learn more.

Temporary Work Visas

In addition to sponsoring an employee for permanent residence, an employer may sponsor an employee to work for a temporary duration.  Most categories require the employee to hold a professional degree, license, or high level of skill.  Common types of temporary visas are the TN Visa, the E1 and E2 treaty visas, the L visa, the O visa, the P visa, and the H1B visa. The employee’s spouse and children under 21 may accompany the employee to the United States.  Many foreigners enter the US. under the temporary work visa until they can locate an employer who will sponsor them for permanent employment. The Rothrock Law Firm has counseled many clients to achieve this goal.

Work Visas for Unskilled Laborers

The U.S. government allots a very small percentage of permanent work visas for people who have unskilled labor. If people who work unskilled jobs wish to gain permanent residents in the United States, they often enter the United States to work temporarily. Eventually, they meet and marry a U.S. citizen. Once they marry a citizen, they obtain a green card through marriage.  The H2B program and the J1 Exchange program allow unskilled workers to find temporary work in the United States. At this time, it is very difficult to find permanent employment in the U.S. through a work visa for unskilled workers.

Schedule a Consultation with an Experienced Immigration Attorney Today

Carl Rothrock is an experienced Florida immigration lawyer with offices in Naples, Fort Myers, and Boca Raton, Florida.   He has been licensed to practice law since 1989 and has successfully filed business visa applications for people all over the world.  Mr. Rothrock is admitted to practice before all Immigration Courts in the United States.  He provides representation to clients within and outside the U.S.  To schedule a free initial consultation, call Rothrock Immigration Lawyer today.

Investor Visas

Investor Visas | Rothrock Immigration Lawyer | Naples, Fort Myers, Boca Raton, Miami 

Investor Visas | Rothrock Immigration Lawyer | E2 Visa | L1 | EB5

Carl Rothrock has counseled thousands of clients in selecting the right investor visa.

U.S. immigration attorney Carl Rothrock has successfully filed thousands of cases, including E2, L1, and EB5 investor visas. He has offices throughout Florida, including Naples, Fort Myers, Boca Raton, Miami, and Ft. Lauderdale.  Miami and South Florida are continuing to develop into a coveted site for both U.S. domestic and international business. Immigrants have played a large part in this success story, by staffing, managing and owning businesses – from small start-up operations, to companies with regional and international connections.  The U.S. Government recognizes the benefits of such activity and encourages it. The government provides immigration laws and policies which reward and benefit entrepreneurs and their employees. These rewards often include pathways to U.S. Citizenship for investors, managers, employees and their families.

Types of Investor Visas (Click the link to see more information).

EB5 Visa:  This visa is sometimes called the “Golden Visa” because an investor can obtain a green card by investing a large sum of money. This visa currently requires an investment of $800,000 USD to $1,050,000.00 USD. The amounts change frequently and should be verified prior to applying.  Depending on the type of EB5 visa selected, the investor may not need to participate in managing the business.

E2 Treaty Visa: This visa allows an investor to enter the United States with a smaller investment amount. Depending on the investor’s country of citizenship, the investor might be able to own and operate a business with an $80,000 initial investment. Although this visa does not lead to a permanent green card, it allows the investor to work in the U.S. for up to five years, and it can be renewed indefinitely.

E1 Treaty Visa:  This visa allows an investor to enter the U.S. for a period of time up to five years to conduct trade. This visa does not require that an individual have an office in the U.S., nor does it require a minimum investment amount.  Rather, the treaty holder must prove active trade between the U.S. and country of citizenship. Like the E2 visa, this visa does not lead to a green card, but it can be renewed indefinitely.

L1 Visa.  The L1 visa is a hybrid visa between the E2 and the EB5 visas. Like the E2, it is a temporary visa with an investment amount of approximately $100,000 to $150,000 USD.  However, the L1 visa is a dual intent visa.  The investor can initially enter the U.S. temporarily but transition to a permanent green card by filing an EB1C visa application. 

EB1C visa. This visa allows an entrepreneur to manage a company in the United States. Most applicants initially enter the U.S. on the L1 Visa. After they run their business for a year, they then apply for an EB1C visa to permanently manage the company.

Rothrock Immigration Lawyer | Experienced US Immigration Attorneys

We counsel our clients not to view US immigration policy and law as an obstacle to “get around.” Rather, we counsel our clients to be careful not to do anything short term that could jeopardize any more important, long-term goals.  We counsel our clients to choose cost-effective pathways.    Initially, we determine the clients’ short- and long-term goals.  We then point out how the creative use of US immigration law can meet the short-term solution required, as well as provide long-term business growth management.

Our Visa approval rates worldwide provide the best evidence of our capabilities and are the envy of our competitors. We are proud to provide what is often “life changing” advice and cost-effective legal solutions to business challenges. As native South Floridians, we are also humbly proud of the part we play in the accomplishments of our clients in the community. We provide “boutique firm” U.S. visa services to accomplish each clients’ goals. If you think you may benefit from our services, please contact us for a free consultation.

Job Creation Requirements for EB5

Job Creation Requirements for EB5

Job Creation Requirements for EB5.  An EB-5 investor must create full-time positions for at least 10 qualif​ying​ employees.​  What is a qualifying employee?

  • For a new commercial enterprise ​not located within a regional center​,​ ​the full-time positions ​must be created​ directly by the new commercial enterprise to be counted.​ ​This means that the new commercial enterprise must itself be the employer of the qualifying employees​.​​
  • For a new commercial enterprise located within a regional center, the f​ull-time positions ​can be created​ either directly or indirectly by the new commercial enterprise. ​​
    • Direct jobs are those jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs.
    • Indirect jobs are those jobs held outside of the new commercial enterprise but that are created as a result of the new commercial enterprise.

A qualifying employee is a U.S. citizen, lawful permanent resident or other immigrant authorized to work in the United States including, but not limited to, a conditional resident, a temporary resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B nonimmigrant) or who is not authorized to work in the United States.

Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the regional center program, “full-time employment” also means employment of a qualifying employee in a position that has been created indirectly that requires a minimum of 35 working hours per week.

A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions even if, when combined, the positions meet the hourly requirement per week.

Jobs that are intermittent, temporary, seasonal, or transient in nature do not qualify as permanent full-time jobs. However, jobs that are expected to last at least 2 years are generally not considered intermittent, temporary, seasonal, or transient in nature.

If you need an EB5 attorney in Naples, call Carl Rothrock for appointment today.

 

EB5 Investor Visas

EB-5 Investor Visas

An EB-5 investor visa allows a foreign investor to obtain a permanent green card through investing in property that will create jobs and benefit the U.S. economy.  The Rothrock Law Firm are experienced immigration attorneys who file EB-5 investor visas.  If you would like to schedule a consultation, call today at (239) 206-2363.

EB-5 investor visas

EB-5 investor visas allow investors to obtain green cards through investing in companies that will provide jobs in the U.S.

Requirements for EB-5 Visa

  • The minimum investment amount to qualify for EB-5 status is $1,800,000.00 per immigrant investor.  The limit is reduced to $900,000.00 if the investment is in a “targeted employment area” or if the investor makes his investment through a regional center.
  • Assets used must be from a legitimate fund.  Legitimate funds include cash, stocks, and real estate.  The investor cannot use money from illegal sources.
  • Except in a regional center company case, investors are required to participate in the operational management of the invested enterprise.  This requirement can be satisfied by taking a managing position, participating in the decision-making process or being a limited partner in a LLP. In some cases, the participation requirement can be waived.
  • The investor must show that he or she created at least 10 direct or indirect jobs

Advantages of EB-5 Visas

  • The EB-5 provides a permanent green card and a pathway to U.S. citizenship.  It is not temporary.

EB5 proof of funds

EB 5 proof of funds

EB5 proof of funds.  One of the criteria of obtaining an EB5 visa is the ability of the investor to show that he or she put up his or her own funds in financing the investment.  The following documentation is typically required to show proof of funding of some of the common types of funding:

EB5 Proof of funds if the investor is using his or her own income from savings

  • Five years of personal income tax returns
  • Personal bank account statements for the past two or more years
  • Salary verification from previous employers
  • Five years of business tax returns
  • Business registration documents
  • Business bank account statements for two or more years
  • Documentation that you own your own business

EB5 Proof of funds from sale of real estate:

  • Proof that your funds were used to purchase the piece of real estate that you sold.
  • Copy of wire transfer
  • Bank account statement
  • Copies of deed and closing statement

EB5 Proof of funds from sale of stock

  • Stock certificate
  • Company’s incorporation documents or other company registration documents
  • Stock purchase agreement
  • Evidence of the transfer of proceeds of the stock sale from the brokerage company to the investor’s account(s)
  • Payment of tax obligations owed on the proceeds of the stock sale

If you need an EB5 attorney in Ft Myers, call Carl Rothrock today at 239-206-2363.

EB5 Visa

EB5 Visa | Rothrock Immigration Lawyer | Naples | Miami |Florida

EB5 Attorney Carl Rothrock

Carl Rothrock, EB5 attorney

The EB5 visa allows an investor to apply for a green card by creating a commercial business in the U.S.  Carl Rothrock is a U.S. immigration attorney with more than 30 years of experience who has represented thousands of clients from more than 100 countries.  In addition, Carl is a Florida state certified building contractor and has owned and operated construction companies for most of his life. He understands the ins and outs of the construction and real estate industry. His background makes him uniquely qualified to represent investors.

Requirements of EB5 Visa

  • The applicant must invest a minimum of $1,050,000.00.  If the investment is located in an economically distressed area called a “targeted employment area,” the government reduces the investment amount to $800,000.  The investment amounts change frequently.
  • The business must create 10 full-time jobs for US workers.
  • The business must be a commercial business. It cannot be a nonprofit company.
  • Your investment funds must be “at risk.”
  • You must use legal funds for your investment.

Benefits of EB5 Visa

  • The visa is a permanent visa and not a temporary one. The applicant, spouse, and children under 21 will receive a “green card” and can eventually apply for citizenship.
  • An investor can file his or her own petition without employer sponsorship.

Types of EB5 Investor visas

  • Direct Investment: With the direct investment, the applicant starts his or her own commercial investment and manages the company. The investor takes an active role in this type of investment.
  • Investment through Regional Center. With the regional center, the applicant invests in a project managed by someone else. The investor takes a passive role in this type of investment.

Frequently Asked Questions about the EB5 Visa

  • Can I buy a home for $2 million and rent the home? Will this qualify as a direct investment?
  • Answer: The government will consider this situation as a personal investment and not a commercial business. If you are using real estate as your investment, it has to be some type of commercial business, such as a hotel.
  • If I buy an existing business that already has employees, can I count the employees that the business already has?
  • Answer:  In most cases, no. You have to create 10 new jobs. There is an exception if you are buying a “troubled business.”  A troubled business is a business that has existed for at least 2 years and has experienced a net loss of at least 20 percent of its net worth for the 12 or 24 month period before the date the EB-5 investor filed this or her Form I-526.  If the business is a troubled business, the investor may count the jobs saved as jobs created. The saved job must last at least two years.
  • If I am currently in the U.S. under an E2 treaty visa, can I use the investment and count the employees for an EB5 business?
  • Answer: Yes. You can include the amount of investment from the E2 as well as the jobs created from the project.
  • If I invest in a regional center and the project fails, can I get my money back?
  • Answer: No. When you are investing funds, they must be at risk. If the investment makes money, you will get your investment back. If the investment fails, you will lose your money. Likewise, you cannot put your funds in a checking account without spending them because they will not be considered “at risk.”
  • Can the source of my funds be a gift?
  • Answer: Yes, but the funds need to be gifted to you. The donor cannot pay the bills of the company. The donor’s funds also need to be traceable and legal.
  • If two people own the business and apply for the EB5 visa, does the business need to create 10 jobs or 20?
  • Answer: In this case, the business would need to create 20 jobs. Each investor needs to create 10 jobs.
  • I am concerned with the “at risk” requirement. What happens if I spend the money but my EB5 application gets denied?
  • Answer: You can place your funds in an escrow account with an escrow agreement that your funds will be returned if the government denies your application. The escrow agreement is not the same as putting your funds in a checking account that you control.

An EB5 investor visa allows a foreign investor to obtain a permanent green card through investing in property that will create jobs and benefit the U.S. economy.  The Rothrock Law Firm are experienced immigration attorneys who file EB-5 investor visas.  If you wish to schedule a consultation, call today at (239) 206-2363.