geester

can anyone advise, I have a UK business that I wish to run in the USA, as most of my UK clients have huge facilities in the US and I have been told i'll get the US business.

Now here's the crunch...I was looking into the investment visa for my family, 2 children, wife and me, and I was informed it's $1 Million...and it's a gamble.

OK, now my dilema is do I set the company up in USA as an off shore account, meaning that the US IRS will not be able to get their hands on my profit...if they will not grant a more cost effective visa? Is their any work around??

I understand that I will have to charge state taxes on the sales thats no problem, however the problem comes to my profit...I work on 69% margin and the estimated 1st year turnover is £2.3 Million. I can't see why I would want to pay them a share of my profit if they aren't prepared to give me a visa. (I know it sounds childish, the way I've explained it...but that's how I feel.)

Ray

Your informant had little clue of what he is talking about

various options

E-2 .. Smaller investment... stay as long as business is running
but no green card

L-1 ...Intra company transfer ..if UK business is large enough and with multiple employees ..green card possible

EB-5 ..invest minimum $500k in a regional centre ..get a green card immediately ..but conditional
and you are free to run another business ...

EB-5 Invest minimum one million and employ 10 people
get a green card immediately ..but conditional

Folinskyinla

Hi:

Your inquiry is both too narrow and too broad.

You don't give enough information to evaluate your case -- and if you are talking about over 4 million dollars, you should be able to afford competent and immigration and tax counsel IMHO.

Off the top of my head, I see multiple types of visas categories as possiblities. It also seems that you may have an "E-1" [that is a ONE] visa as a possibility.

As for tax stuff -- way beyond my competence. You ask a sophisticated question. I remember the days of California's "Unified" system on corporate income tax of international organizations. California wanted the information on the world wide finances, not to tax it, but to simply to compute the profit "attributable" to the California business. It was a big fight for many years.

Andrew Wilson

As mentioned by others, it sounds like you ahve been greatly misinformed.

You do not need $1 million in order to qualify for a nonimmigrant investment visa in the U.S. In fact, because you already have a UK business, the amount invested in the U.S. may be irrelevant for the proper nonimmigrant category.

It sounds like you may qualify for two potential nonimmigrant visas for the U.S.

(1) L-1
(2) E-2

Which option is best really depends on your personal plans/goals, business plans/goals, if you wish to pursue permanent residency etc.

You are correct that three big picture issues for your case will be corporate law (setting up business in US), immigration law and tax law. You want to make sure that all three are addressed and planned together.

For info on the L-1 see:

<snip>

For info on the E-2 see:

<<snip>>

What is your time frame for setting up shop in the US? Do you know what state you would like to set up your US business? Do you know how you want to incorporate the busines sin the US?

Regards,

Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
<<snip>>