Entrepreneurs face tricky U.S. immigration laws
By Anna K. Oh
SACRAMENTO, California (JP): A businessman planning to establish a trading operation or some other business venture in the United States should take the same care that a ship captain would use in steering his vessel through a rocky channel. As the rocks pose a danger for the ship captain, so can the American immigration laws prove hazardous to the businessman seeking to open a business enterprise in the United States.
The ship captain can rely on a competent navigator in dangerous waters; the businessman should depend on a legal advisor to manage complicated U.S. immigration law.
Currently under U.S. law, it is possible to obtain permanent resident status when establishing a trading operation or a commercial enterprise which creates at least 10 jobs for American workers.
In the case of a commercial enterprise, the jobs must be created directly by the new business. For a trading enterprise, however, it is necessary only that the new jobs be created as a result of increased U.S. exports.
In both cases each applicant must make an investment of at least US$1 million or $500,000, depending on the business' location in the United States. If such activities are in an area which has high unemployment, then only $500,000 will be required.
With both trading and investment enterprises, a business can usually be established in areas requiring the lower investment amount.
The location of a trading business had additional constraints. The U.S. government has designated specific "Regional Export Trade Development Centers" in which to locate such businesses.
Similar to the procedures for a business investor, the trading enterprise applicant must show that at least 10 new jobs have been created. However, the requirement in this case is satisfied indirectly through increased business for American companies, i.e., expanded U.S. exports. In other words, a trading company does not actually have to have 10 American workers directly on its payroll.
It should be emphasized that establishing a trading company which meets all the U.S. immigration law requirements is a very involved and complicated process. However, there are organizations that specialize in handling such cases in order to assist applicants in qualifying for permanent resident visas.
For the applicant who prefers to obtain his permanent resident status through business investment (other than trading), in most cases his investment must be used to establish a new business and to create new jobs. The only exception to this regulation is if an existing business is purchased and that business' net worth and workforce are increased by a minimum of 40 percent. Unlike the trading type visa, in the new jobs created, the workers must be employed directly by the business.
It is possible for more than one investor to qualify for a permanent visa through the same business enterprise. However, each investor must contribute the required investment, and at least 10 new jobs must be created through each investor.
All applicants must also provide documentary evidence that the funds involved were not obtained through illegal means.
In all cases the applicant's spouse and unmarried children under 21 may be included in the application.