Business and Investor Visas. Jonathan P. Howard Vice Consul, U.S. Embassy Brussels

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1 Business and Investor Visas Jonathan P. Howard Vice Consul, U.S. Embassy Brussels

2 Business and Investor Visas Introduction and Caveats U.S. Immigration Law and Investors: A dual mandate to encourage investment while protecting U.S. employment The Purpose of Travel Determines Appropriate Type of Visa This Information is Not Exhaustive It is advisable to work with an immigration attorney for complex investor applications

3 Visa Waiver Program and B1 Visas Temporary Visitors for Business Short Business Trips, Maximum 90 days (ESTA) / 6 months (B1) Have a residence in a foreign country, which they do not intend to abandon; Intend to enter the United States for a period of specifically limited duration; and Seek admission for the sole purpose of engaging in legitimate activities relating to business Employment / Earned Income in the US Generally Prohibited Legitimate Business Activities Include: Engaging in commercial transactions, which do not involve gainful employment in the United States Negotiating contracts; Consulting with business associates; Litigation Participation in scientific, educational, professional, or business conventions, conferences, or seminars

4 E1 Treaty Traders Initial approval for 2 years, renewable In order to qualify, investors must: Be a national of a country with which the United States maintains a treaty of commerce and navigation (Belgium qualifies) Carry on substantial international trade Carry on principal trade (generally, greater than 50% of total trade) between the United States and the treaty country which qualified the treaty trader for E-1 classification. Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

5 E2 Treaty Investors Initial approval for 2 years, renewable In order to qualify, investors must: Be a national of a country with which the United States maintains a treaty of commerce and navigation (Belgium qualifies) Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States Funds must be placed at risk and the enterprise must be more than marginal Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

6 L1 Intracompany Transferee Initial approval for 1 to 3 years, renewable to 7 years This classification enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one, or to transfer executives between established offices. To qualify for L-1 classification in this category, the employer must: Have a qualifying relationship with a foreign company (parent company, branch, subsidiary, or affiliate) Currently be, or will be, doing business as an employer in the United States and in at least one other country directly or through a qualifying organization for the duration of the beneficiary s stay in the United States as an L-1. While the business must be viable, there is no requirement that it be engaged in international trade.

7 L1 Intracompany Transferee Initial approval for 1 to 3 years, renewable to 7 years This classification enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one, or to transfer executives between established offices. Also to qualify, the named employee must Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and Be seeking to enter the United States to render services in an executive or managerial capacity to a branch of the same employer or one of its qualifying organizations.

8 EB-5 Immigrant Investor Green Card through Investment All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise that: Invests USD $1 million, or USD $500,000 in designated Targeted Employment Areas (High Unemployment or Rural Areas). Creates or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the immigrant investor s admission to the United States as a Conditional Permanent Resident.

9 Further Resources U.S. Department of State: travel.state.gov United States Citizenship and Immigration Services:

10 Points of Contact for Questions General Inquiries Raymonde Versali Senior Visa Specialist Jonathan P. Howard Vice Consul, U.S. Embassy Brussels