1. What are my visa options if I wish to invest in the Milwaukee International Trade Center?
 
You have several options depending on your residency plans.  If you wish to immigrate to the United States through your investment, you may file an EB-5 Immigrant Investor petition.  If you wish to remain a non-immigrant you may file an L-1 visa as a multinational executive or manager.  Note that multiple options exist and non-immigrant visas can be converted to immigrant visas at a later time if desired.

2. What is an EB-5 Investor Green Card?

Permanent resident status based on EB-5 eligibility is available to investors, either alone or coming with their spouse and unmarried children under 21.  Eligible foreign nationals are those who have invested, or are actively in the process of investing, the required amount of capital into a new commercial enterprise that they have established.  They must further demonstrate that this investment will benefit the U.S. economy and create the requisite number of full-time jobs for qualified persons within the U.S. Under section 203(b)(5) of the INA, 10,000 Investor visas per year are available. 5,000 visas are set aside for those who apply based upon an investment in a designated "Regional Center."

3. What are the basic requirements to be eligible for an EB-5 Investor visa?

There are three basic requirements.  You must establish a new business or invest in an existing business that was either created or restructured after November 19, 1990; You must have invested $1 million (USD), or in some cases $500,000, in the business; and in some instances, the business must create full-time or full-time equivalent employment for at least ten (10) U.S. workers.

4. What is a qualifying investment?

You may invest in cash, equipment, inventory and supplies, other tangible property and indebtedness secured by assets which you own so long as the assets are not secured by the assets of the new business and you are personally and primarily liable.  You must provide evidence that all capital invested was acquired lawfully.

5. What are the employment creation requirements?

Your engagement in a new commercial enterprise must benefit the U.S. economy and create full-time employment for not fewer than ten qualified individuals, or maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.

In the case of an investment within a qualified "regional center", the employment creation requirement is "assumed" to have been met where jobs will be created directly or indirectly through revenues generated from increased exports.

6. What is a USCIS designated "Regional Center"?

A "Regional Center" is an entity, organization or agency that has been approved as such by the Service which focuses on a specific geographic area within the United States, and seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

7. Is the Milwaukee International Trade Center a "Regional Center"?

Yes.  The Milwaukee International Trade Center was recently designated by the USCIS as a "Regional Center".  We are one of 30 or so designated "Regional Centers" in the United States.

8. Do I have to be employed by the business that I invest in?

No.  However, to be eligible for EB-5 consideration, your investment cannot be purely passive. You must have an active role in the management of the business either through day-to-day managerial control or through policy creation for the business. 

9. Can my family also obtain their permanent residency based upon my investment?

Yes, your spouse and unmarried children under 21 are eligible for permanent residency.

10. How long must I remain in the United States each year?

The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter into the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession. However, all permanent residents must remain in the US for more than 6 months each year, or they may be deemed to have abandoned their permanent residence status.

11. How do I apply for status as an immigrant investor?

You or your attorney must file Form I-526, Immigrant Petition by Alien Entrepreneur, with the USCIS. Supporting documentation must also be filed which clearly demonstrates your investment meets all requirements including: that you have established a new commercial enterprise, you have invested the required capital, your investment comes from lawful sources, if necessary, your investment has created the required number of jobs, and you are actively participating in the business. 

12. If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and Interview, and how soon do I get my "Green Card"?

Upon approval of I-526 Petition, you must wait for notification from the U.S. Consulate in your home country to prepare documents for the Visa interview. The purpose of this procedure is to ensure that the investor and his or her family undergo medical, police, security and immigration history checks before the visas are issued. At the interview, the consulate officer may address these issues and information printed on the I-526 application, including asking the investor to summarize the nature of his or her immigrant investment. If the investor and his or her family are in the United States, then you may apply for adjustment of status by filing form I-485, and supporting documents, the application may be filed at the appropriate office of the USCIS. When your visa is issued you will be considered a Conditional Permanent Resident.

Note that the approval of your Form I-526 does not guarantee that the U.S. Consulate in your home country will issue you an immigrant visa or, if you are already in the U.S., that USCIS will approve your application to adjust your status to that of a permanent resident.

13. How do I remove the conditions on my permanent residency?

In order to become a Lawful Permanent Resident, investors must file Form I-829, Petition by Entrepreneur to Remove Conditions, with the USCIS.

14. When can I file to remove the conditions on my permanent residency?

Your Form I-829, Petition By Entrepreneur to Remove Conditions must be filed within 90 days before the second anniversary of your admission to the United States as a Conditional Permanent Resident.

15. Do I need to submit any supporting documentation with my Form I-829?

Yes. Minimally, you must submit the following:

1. Evidence that you have established a commercial enterprise (federal tax returns, State and Local business permits or licenses, photos of business, etc.);

2. Evidence that you have invested or were actively in the process of investing the amount of capital required for the location of your enterprise (audited financial statements);

3. Evidence that the business was sustained throughout your period of conditional permanent residence (business invoices and receipts, bank statements, business contracts, licenses, quarterly tax statements, etc.);

4. Evidence of the number of full-time employees at the beginning of the investment and the current number of full-time employees (payroll records, Form I-9s, Unemployment Comp. Forms, etc).

If you do not file the Form I-829, you will automatically lose your status on the second anniversary of the date you were granted conditional status, unless you can establish that your failure to file was for good cause. If you lose your permanent residence status, you are removable from the United States.

16. What makes this program different from the L-1 Executive or Manager transfer?

The Immigrant Investor programs yields permanent resident status.  An L-1 is a non-immigrant classification and hence, you may not remain permanently in the U.S.  However, the L-1 alien may apply for classification as a Multinational Executive or Manager (EB-1).  If approved, the alien may apply for Permanent Resident status.

17. What is an L-1 visa?

The L-1 visa is a non-immigrant visa which allows foreign nationals being transferred by their current employer to enter into the U.S. to manage a qualified organization or a major function or division of the qualified organization.

18. What privileges do I enjoy with an L-1 visa?

As a L-1 visa holder, you may be transferred to the U.S. and work legally for a U.S. company that is a branch, subsidiary, affiliate or joint venture partner of a company that already employs you outside of the U.S., be quickly issued your visa, be permitted to travel in and out of the U.S. or remain here continuously until your L-1 status expires, and apply for Permanent Residency through employment and skip a major step of that process (no Labor Certification requirement).

19. What are the limitations of L-1 visa?

As an L-1 visa holder, you may only work for the U.S. employer who acted as your L-1 visa sponsor and your visa approval may be for a period of up to three years. Extensions of two years at a time may be allowed until you have been in the U.S. for a total of seven years.

20. Who can qualify as L-1 Executive?

Any person who has worked for a foreign corporation or company for at least one year as a Manager or Executive in the preceding three years may qualify for an L-1 visa.

21. What is the definition of a Manager for L-1 visa purposes?

The definition of manager for L-1 visas includes an employee who manages an essential function of the business within a qualifying organization. A special definition of Manager applies when you are coming to set up a new U.S. office or purchase a new business. The USCIS regulations provide that in a new office situation it must be shown that the new office will be able to sustain a Manager or Executive transferee within one year of approval of the petition. This may be done through submission of a statement by the employer to the USCIS including the proposed nature of the office, describing the scope of the entity, its organization structure, and its financial goals, size of the U.S. investment and the financial ability of the foreign entity to remunerate the L-1 beneficiary and to commence doing business in the U.S.

22. What is the minimum educational requirement and business experience for an Executive or Manager to get L-1 visa?

There is no minimum educational requirement for L-1 visa, however, you must have worked for the qualifying business as an Executive or high level Manager or managed an essential function of the business, such as marketing or accounting functions with proper education to back it up, for at least one year in the preceding three years. 

23. How do I apply for an L-1 visa?

The U.S. employer will file Form I-129 with the USCIS along with supporting evidence which establishes that the Manager or Executive has been employed abroad for at least one year in the past three, by a parent, affiliate or subsidiary of a U.S. company preceding the visa application, and that the alien seeks to enter the U.S. to continue work for the same employer or its affiliate or subsidiary in a managerial or executive capacity. You must submit an originally signed letter from your company confirming your present employment, your position, and length of service with the company, that the company knows about and authorizes your transfer to the U.S. qualified company, the U.S. company's name and full address, and a statement about the position the Manager or Executive will fill in the U.S. Typically, foreign and U.S. organizational documents, tax records, permits, bank records, organizational hierarchy and photos of both foreign and U.S. enterprises are included in the filing package.

24. If my L-1 petition is approved by USCIS, what is the purpose of the Consulate application and Interview?

Upon approval of I-129 Petition, you must make an appointment with the U.S. Consulate in your home country to prepare documents for the Visa interview. The purpose of this procedure is to ensure that the L-1 transfer is eligible for visa issuance. At the interview, the consulate officer may asking you to summarize the nature of his or her past employment with the foreign affiliate, present evidence with regard to the existence of the U.S. concern, and verify the continued operations of the foreign entity.

Note that the approval of your Form I-129 does not guarantee that the U.S. Consulate in your home country will issue you an L-1 visa.

25. What is the visa status given to dependents of an L-1 visa holder?

Your spouse and unmarried children under 21 will be granted L-2 visas.  An L-2 spouse is eligible to apply for employment authorization.

26. Is there a procedure for faster green card processing when on L-1 status?

Yes, L-1 foreign nationals who are serving as managers and executives are eligible for the "priority workers" category as a Multinational Executive or Manager (EB-1). Foreign nationals falling into this category may apply for an immigrant visa and permanent residency without having to undergo the time-consuming labor certification process.

27. How do I apply for a "Green Card" as a Priority Worker (EB-1)?

The U.S. affiliated company must file Form I-140, Immigrant Petition for Alien Worker, with the USCIS. Supporting documentation will mirror the evidence submitted as part of your L-1 visa petition discussed above. You may chose to concurrently file your Form I-485, Application for Adjustment of Status with your Form I-140 petition or wait until the Form I-140 petition is approved before filing the Form I-485 application. When your I-140 and I-485 applications are approved, you will be considered a permanent resident of the U.S. with no conditions.

28. How can I employ foreign workers to serve in my business?

If you have valuable employees who you wish to employ in the U.S., a separate visa application must be made and approved for each employee. It may be possible to obtain working visas for foreign employees to serve in your U.S. business. Certain transferees and professionals may qualify for visas to work in the U.S.

29. Who should I contact if I want to learn more about investing in the Milwaukee International Trade Center?

You should contact The Milwaukee International Trade Center at 1-866-406-7191.