The E-2 Visa and Real Property Investments

The E-2 investor visa was created to allow entrepreneurs from countries which maintain a trade and commerce treaty with the United States to establish new businesses in the U.S. through investment. Though E-2 visas are less often granted for investments in real property, there is a possibility that this type of investment may qualify for an E-2 visa if certain conditions are met. Here, we elaborate on these conditions. Before qualifying for an E-2 visa using a real property investment, a real property investor must first qualify for the E-2 visa through three requirements. Firstly, the entrepreneur must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States. The investment cannot be a relatively small amount of capital in a marginal enterprise initiated solely for the purpose of earning a living. The business must also be active, meaning that an investment that is earned through minimal activity and with little daily effort or upkeep, such as investments in stocks, would not qualify. Secondly, the investor must be seeking entry into the United States solely to develop and direct the enterprise. And thirdly, the investor must intend […]
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Client of the Month: Monica Chang

Berardi Immigration Law is proud to have helped our client, Monica Chang, obtain a five-year E-2 Investor Visa! Monica is the owner of San Korean Kitchen, a manufacturer and distributor of authentic and traditional Korean delicacies and beverages located in Mill Valley, California. (You can learn more about Monica’s business here.) Monica had a vision to share her favorite Korean foods with the world.  After establishing her business here in the United States, Monica began the search for a U.S. immigration attorney. After speaking with several different firms, Monica decided to retain Berardi Immigration Law. Monica says, “I was immediately impressed by how attentive they were to my situation. They gave me a sense that my case was important, and I was in good hands.  They were professional and diligent but still able to give a human context when dealing with me and my case.”  Monica worked closely with our Senior Associate Attorney Gabriella Agostinelli to fully prepare the many documents and forms that need to be submitted for the E-2 visa process. Here at Berardi Immigration Law, we take pride in offering our clients “white-glove” service. We don’t leave our clients with unanswered phone calls or emails for weeks […]
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Breaking News: USCIS to Implement the International Entrepreneur Rule

On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would be taking steps to implement the International Entrepreneur Rule (IER). The IER establishes new regulatory provisions that guide the use of parole with respect to entrepreneurs of start-up entities, and is designed to provide an unlimited number of international entrepreneurs with a new avenue to apply for parole, enter the United States, and use American investment to establish and grow a start-up business. Applicants must be able to demonstrate that his or her parole would provide a “significant public benefit” to the U.S., because he or she is the entrepreneur of a new start-up entity in the States that has potential for rapid growth and job creation. The IER is derived from section 212(d)(5) of the Immigration and Nationality Act, which grants the Secretary of Homeland Security the discretionary authority to parole individuals into the U.S. temporarily, on a case-by-case basis, for urgent humanitarian reasons or “significant public benefit.” In implementing this new rule, DHS is hopeful that it will increase and enhance entrepreneurship, innovation and job creation in the U.S. DHS believes that the IER will encourage foreign entrepreneurs to create and develop start-up entities […]
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