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I have a Green Card. Is it safe for me to travel?
Posted by: A. Mina Tran
May 23, 2011
Topic: Green Card (Permanent Residence in U.S.)

Clients who are green card holders (LPRs) often ask me whether it is safe for them to travel for long trips or frequently. The short answer is yes, if you have a green card, it is generally safe for you to travel outside the United States for vacations or business trips. A green card holder is a lawful permanent resident of the United States which means that they primarily live and work in the U.S. For LPRs who travel frequently or take long trips, there are several issues that makes it less safe for you to travel.

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I have a green card. Is it safe for me to travel?
Posted by: A. Mina Tran
May 23, 2011
Topic:

Clients who are green card holders (LPRs) often ask me whether it is safe for them to travel for long trips or frequently. The short answer is yes, if you have a green card, it is generally safe for you to travel outside the United States for vacations or business trips. A green card holder is a lawful permanent resident of the United States which means that they primarily live and work in the U.S. For LPRs who travel frequently or take long trips, there are several issues that makes it less safe for you to travel.

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Employment Authorization Card a.k.a. "work permit"
Posted by: Mina Tran
May 23, 2011
Topic: Green Card (Permanent Residence in U.S.)

The "work permit" or Employment Authorization Card (EAD) is a secondary benefit to an application for immigration benefits. That means that you can only apply for an EAD when there have another application, usually for green card, pending.

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The Basics of an E Visa for Investors
Posted by: Mina Tran
December 21, 2010
Topic: I Want to Invest in the U.S. What are my options?

The E Visa category is useful for business owners, managers, and employees who need to remain in the United States for an extended period of time in order to oversee or work in a business engaged in trade between the United States and their home country or represents a major investment in the United States.

The E Visa requires a petition to be filed in the United States frist.  Once USCIS approves that visa, an appointment is made for the visa issuance at the U.S. Consulate abroad.

All E Visas require the these three things :

• A treaty must exist between the United States and the home country.  That means that citizens of some countries will not be eligible for an E Visa.  A list of treaty countries is located here.
• The foreign national must have majority ownership or control of the investing or trading company.
• The foreign national seeking E visa status must be a citizen of a treaty country.

While the E visa is available for those whoses businesses trade substantially with the United States, most E visa petitions are filed by those who invest in a business in the United States.   For purposes of this discussion, I am only going to focus on investor E visas.

In addition to the three basic requirements of an E visa, an investor must also have the following:

• The person or the organization must be a national of a treaty country
• The investment must be substantial.
• The investment must be a real operating enterprise or business.
• The investor must have control fo the funds.
• The investment must be "at risk" in a commercial sense.

The two main questions I get asked the most are about size of investment and the investment being "at risk". 

Substantial Investment:  There is no absolute minimum investment to qualify for an E visa.   But the investment must be substantial given the entirety of the business enterprise.  For example, if you are setting up an online business, your investment may be minimal because you are probably working out of your house.  On the other hand, if you are opening a restaurant, the amount of money required to be "substantial" will have to be more because you will have to buy restaurant equipment, lease space, and possibly rebuild the interior of the space.  So, the amount of money really depends on the nature and size of your project. 

"At Risk" Investment: An at risk investment is one that you can possibly lose.  The regulations of the E visa does not allow for a loan for example.  It requires that the money invested be used in the business.  If the business does well, the investment return will be large but if the business does not do well, the investor will not get a return on their investment.

Generally speaking, the E visa is a good option for those who have the financial ability and want to invest in a business in the United States. 

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