Tag Archives: investor green card USA

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.

L1 Visas

L1 Visas | Rothrock Immigration Lawyer – Naples, Boca Raton, Miami

L1 Visa Attorney Carl Rothrock | Naples | Miami | Boca Raton

Florida immigration attorney Carl Rothrock files L1 Visa Applications.

L1 visas allow foreign companies to transfer its executives to the U.S. to work. Florida immigration lawyer Carl Rothrock has filed numerous L1 petitions. The L1 visa allows both large and small companies to expand their business and services to the United States.

L1 Visas for Intracompany Transferee Executives or Managers

    • L1(a) visas allow a manager or executive of a foreign company to work in the United States.
    • The foreign company must have employed the L1A visa holder in an executive or managerial capacity continuously at least one year out of the past three years in the foreign country.
    • The maximum length of the L1A visa is seven years. The government grants the initial L1A visa for one year and then renews it in three year increments.
    • The L1A visa is flexible. The holder may travel back and forth between his or her home country and the United States. Unlike other types of visas, the holder is not required to live in the United States.
    • The L1 visa holder’s spouse and children under 21 may also accompany the visa holder. The children may attend school, and the spouse may work.
    • The L1A holder can apply for an EB1C green card after running the business for one year. The spouse and children can also get green cards.
    • The government does not require labor certification for the EB1C visa.

L1 Visas for Intracompany Transferees Requiring Specialized Knowledge

  • L1B visas allow professional employees with specialized knowledge to work in the U.S.
  • The government issues the L1B visa for a maximum of five years. Usually, the initial L1B visa is issued for one year, and the extensions are issued for two years.
  • The L1 visa holder’s spouse and children may accompany the visa holder to the U.S. The children can attend public school, and the spouse can work.
  • The L1B visa is flexible. The holder may travel back and forth between his or her home country and the United States.
  • If the L1B visa holder wishes to apply for a green card, he or she may apply for an EB2 or EB3 green card. This process requires labor certification.

Blanket L Visas

  • The “L1 Blanket Petition Program” allows large multi-national companies to transfer several employees at the same time.

To speak to an experienced immigration attorney  who handles L Visas call the Rothrock Law Firm today at (239) 206-2363.

E2 Visa

E2 Visa | Rothrock Immigration Lawyer | Naples | Boca Raton | Miami | Ft Myers

E2 Visa | Rothrock Immigration Lawyer | Naples | Miami | Boca Raton | Ft Myers

Florida immigration lawyer Carl Rothrock files E2 Visa applications. 

The E1Visa and E2 Visa are temporary business visas that allow an applicant to enter the U.S. to start a business. Carl Rothrock is an immigration lawyer in Naples, Florida, with additional offices in Fort Myers, Miami, Fort Lauderdale, and Cape Coral. The Rothrock Law Firm has successfully represented thousands of clients from more than 100 countries.  Several organizations have recognized Carl Rothrock’s achievements in immigration law, including the following:

  • “AV Preeminent Rating,” Martindale Hubbell, the highest peer rating standard given to attorneys who are ranked at the highest level of professional excellence and ethical standards by their peers.
  • “Top Rated Lawyers in Florida, Immigration,” Lawyers of Distinction, as published in Forbes and the New York Times.
  • “Top 10 Immigration Attorneys, Florida,”  Best of the Best Attorneys
  • “Top 10 Immigration Attorneys, Florida,” the American Institute of Legal Counsel
  • “Top Immigration Attorneys, Florida,” The Top 100 Lawyers
  • “Top Ranking Immigration Law Firms in Florida,” American Association of Attorney Advocates
  • “Immigration Lawyer of the Year, USA,” Lawyer Monthly’s Legal Awards.

E1 Visa Requirements

    • An E1 visa allows a foreign business owner to enter the United States to conduct business.
    • The United States and the foreign country must have a treaty that allows for the E-1 Visa.
    • Click this link to see which countries have a treaty with the United States allowing for E-1 visas.
    • The E1 visa applicant must be a citizen of the country that has a treaty with the United States.
    • The E1 applicant must own a majority interest of the foreign business and/or control the operations of the business.
    • The foreign business must engage in substantial trade with the United States.  At least half its international transactions must be with the U.S. In evaluating substantial trade, the government will consider both the number of transactions, as well as the dollar amount of gross income.
    • The E1 visa is temporary but can be renewed. The Consulate will issue the E1 visa from three months to five years, according to the terms of the individual treaty.
    • The E1 holder’s spouse and unmarried children under 21 can reside in the United States with the treaty holder. The spouse can work, and the children can attend public school.

E2 Visa Requirements

  • The E2 visa allows an applicant to own and operate a business in the United States.  
  • The United States and the foreign country must have a treaty that allows for the E-2 Visa.
  • Click this link to see which countries have a treaty with the United States allowing for E-2 visas.
  • The E2 applicant must be a citizen of the country that has a treaty with the United States.
  • The E2 visa applicant must own a majority interest in the U.S. business and/or must control the business.
  • The E2 applicant must manage the business. (S)he cannot simply work at the business.
  • The applicant must make a substantial investment, and the investment must be at risk. In other words, the applicant cannot simply put money in a business bank account.
  • The E-2 visa is temporary. The State Department will issue the visa anywhere from three months to five years, according to the terms of the treaty.
  • The E2 visa holder’s spouse and unmarried children under 21 can live with the treaty holder. The spouse can work, and the children can attend public school.

How Long Does it Take to Get an E1 or E2 visa?

  • If the applicant is currently outside the United States, (s)he must file the E2 visa application through the U.S. Embassy.  Although wait times vary, many of the Embassies are currently taking around 4 months to interview E2 clients.  The Embassies are usually issuing the visa around 1 to 2 weeks after the interview.
  • If the applicant is already is in the United States under another status, such as visitor status, (s)he may file an application for change of status while in the United States.  The U.S. government is currently taking around 10 months to process the application.  If the applicant pays an extra fee, the government will make a decision within thirty days. 
  • The Rothrock Law Firm usually recommends to its clients to file the application through the Embassy.  The Embassy issues the visa for up to five years.  During the period in which the visa is valid, the E2 visa holder can travel in and out of the United States.  If the applicant files the application through USCIS, the government will issue E2 authorization for up to 2 years only. Further, if the applicant leaves the United States before the 2 years ends, (s)he will not be able to re-enter the United States with E2 status.

Can the Rothrock Law Firm help me obtain E-1 and E-2 Visas if I live outside the United States?

Yes, the Rothrock Law Firm can represent you regardless of whether you live within the United States or outside the United States.  The attorneys at the Rothrock Law Firm are admitted to practice before the United States Immigration Courts in all fifty states.

Prior to practicing immigration law, Carl Rothrock served as a complex litigation consultant to the defense teams of many Fortune 100 companies, including Shell Oil, British Petroleum, Chevron, Chesapeake Energy, Bank of America, UBS Bank of Switzerland, Johnson & Johnson, American Airlines and Walmart.  He also acted as counsel for over 800 clients in a defective product litigation involving defective construction materials. Our attorneys have a combined 62 years of experience and have filed thousands of immigration cases.

To Contact an E2 Immigration Lawyer today, call the Rothrock Law Firm 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.