The recent economic downturn is shoveling a great deal of fear into the general public. Some of the fear is appropriate while in other scenarios it is over exaggerated and unnecessary. Despite the negative attitude, the weak economy has provided an ideal situation for investors. Now is the perfect time for foreign investors to infuse fresh capital in the current business climate and make a very large profit.
Foreign investors can enter and operate their business in the United States through an investor’s visa. The visa allows the investor, his or her family, and even key employees the right to operate the business legally while living in the US.
The offer is especially tempting for residents of the Philippines, because a current treaty exists between the two countries that allow Filipino residents to immigrate to the United States and purchase or start up a new business. The E-2 visa, as it is commonly known, enables Filipino citizens to make their dream a reality while dumping money into the US economy.
Foreign investors who are interested in expanding to the United States should begin by obtaining a business visa (B-1 Visa). The B-1 Visa enables the potential investor to visit the country and personally explore business opportunities. Potential investors are usually shocked to discover the thousands of businesses for sale. Available businesses include the food, automotive, distribution, and manufacturing industries. Hundreds of services are also available for purchase. It’s always advisable to purchase an existing business or franchise, because the infrastructure, suppliers, and equipment are already available.
The US government requires that potential investors are “ready, able, and willing” to make the investment before the visa is granted and approved. Often depositing money into a US bank account falls under the “ready, able, and willing” definition.
The visa is for serious investors only. Individuals may purchase a visa for as little as $150,000, although the visa is more preferred for “true entrepreneurs” looking to invest over $500,000 in fresh capital. The visa is different from a “green card,” because immigrants with a visa are defined as someone truly willing to invest or own a business. Individuals who plan to invest over $500,000 dollars in the United States may earn permanent resident status.
The investor’s family and key employees are all qualified to immigrate with the investor as long as he or she can prove they have adequate resources to sustain and care for the additional individuals. The spouse is allowed to work anywhere under a visa and children under the age of 21 may enroll in school.
If the investor needs advice on running the business, government agencies like the Small Business Administration may assist the investor if inquired.
In order to file for a visa, the potential investor must have a wide assortment of documents, which include a detailed and well-prepared business plan, articles of incorporation, a partnership agreement, organizational minutes referencing incorporation, election of officers, insurance of shares, financial statements, business and state tax licenses, a lease contract, and any proof of the investment made. It’s quite a handful and best advised processed in the hands of a professional law firm and not the individual.
Law firms provide the protection an individual needs when taking the large step towards obtaining a US visa. Law firms will work with the individual right from the start, assisting the potential investor in obtaining a B-1 visa. If the individual is unsuccessful in obtaining a B-1 visa, the law firm can consult and evaluate the business of interest for the individual. The report will include information on the businesses past activities, operations, current status, competition, the industry, and its future potential.
Lawyers will also provide assistance and protection when depositing money into a US bank during the visa application process. The individual is placing a lot of money into the hands of a foreign country, so it’s always advisable to hire a law firm to oversee the transaction. The lawyer will insure the funds are protected by verifying records in any account to prove availability.
Law firms also work with foreign investors during the sale if requested. This is highly advisable as the team of lawyers can negotiate the purchase price and financing, ensuring the individual receives the best deal possible. Once the individual is inside the US on a B-1 visa, the law firm can insure the investor and his or her family permanently remains in the US by switching the visa to an E-2.
The relationship does not end with the sale. Lawyers are always more than happy to assist new investors with any questions or concerns. Lawyers can also assist in establishing a business entity, advice on meeting liability insurance requirements, and handling labor employee issues. Law firms often even go as far as providing housing for new investors and their family.
Making the transition to a foreign country with a brand new investment is never easy. But the opportunity is ripe and if individuals have ever considered or weighed the option, let me suggest that now is the perfect time to make the move. But I never advise traveling the long road to a new investment alone. Hire a team of lawyers who understand the process well, and will provide the potential investor with the highest chance of success.
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Lazaro Law Group, Professional Corporation represents immigrants all over the United States and the US Embassy in Manila. The firm’s offices are located in San Francisco, Fremont/Newark/Union City, and Sacramento, California. Attorney Johnson Lazaro can be reached at (415) 800-5775 or toll free at (855) 4-LAZARO. His email is This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
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This article should not be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. This is not meant to create a lawyer-client relationship.
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