Visa E and Visa L
The small-medium Italian entrepreneur who wants to start a business in the U.S.A., must first make assessments in terms of immigration. In fact, considering the socio-political climate in the United States, it is extremely important to plan correctly the immigration strategy. The suggested visas for an entrepreneur who starts a business in the U.S.A. they are the E-2 Visa and the L. Visa
VISA E-2 INVESTOR
The E-2 visa is a cd visa. for investors. The entrepreneur who wants to start a stable business in U.S.A. (eg in catering) will have to invest resources and money in order to start the commercial activity. In this sense, one of the indispensable requirements of the visa E-2, the investment, will therefore already be present. Regarding the duration of the E-2 visa, the same lasts for the entire period in which the investment in the U.S.A. is in place. The amount of this investment must be substantial, so to speak, substantial. However, this regulatory definition is flexible in relation to the nature and quality of the investment. Thus, for catering, a total liquid investment of around $ 100,000.00 was already considered sufficient for Visa approval. From a practical point of view, the question to fill out - through a lawyer specialized in the matter - is the DS-160. The DS-160 is completed online, via the internet - and is then deposited - always online - at the relevant Consulate / Embassy responsible for the area. Subsequently, documents proving the existence of the requisites required by the law for obtaining the visa must be sent. In particular, these basic requirements are:
1) Nationality (Italian);
2) Amount of the investment;
3) Capacity of the investment to generate income;
4) Investment control;
5) Investment risk level;
6) Intention to leave the U.S.A. when the investment ends.
The Consulate where the application was submitted will contact the applier - the entrepreneur - and will invite him, on a specific date, to the relative Consulate - Embassy for an interview. After this interview, if the prepared documentation is in line with the requirements provided for by the law, it will proceed with the issue of the visa E-2.
VISA L - TRANSFER OF THE WORKER
The L visa is used by the Italian companies that have a subsidiary branch, or controlled - including joint ventures - in the U.S.A. and they want to transfer a worker to that site. One of the requirements of the law is the connection between the two companies, which must be proven in detail to Immigration and which must subsist against the American company (subsidiaries, affiliates, or joint ventures). It is also required that the personnel on the transfer have been working for at least three years at the company - parent company. The duration of the visa is about 5 years (in the case of a visa per worker with special skills) and 7 years (in the case of a worker in a managerial position). The document to be forwarded to the Immigration is the FORM 129 with its Supplement. In addition, all collateral documentation proving the legal requirements must be presented, therefore:
- Documentation concerning the parent company;
- Constitutive Act;
- Share certificates;
- Balance sheet last two years.
– Documentazione inirente la subsidiary or affiliate;
- Constitutive Act;
- Share certificates;
– Bilancio ultimi due esercizi;
- Purchasing documentation for the subsidiary or affiliate:
- Copy passport;
- Pay slips received in the last three years;
- Letters of recommendation.
Please note that the documentation indicated is not exhaustive. This documentation varies case by case. Copies of said documentation are accepted by the Immigration (without the need to present original documentation) as long as it is in English. The fees that must be paid to the Immigration for obtaining the Visa are $ 820.00 ($ 320.00 standard fee, $ 500.00 as fraud check and protection). The application must be presented in the U.S.A. The Immigration, once the application is approved, will send an electronic communication to the relative Consulate / Ambiasciata. Also in this case, as for the E-2 Visa, the Embassy / Consulate will contact the app and contact will set a precise date for an interview. After the interview, the Consulate / Embassy will issue the visa. A final consideration: the Immigration Officer always has the power to withdraw the Visa (or not to issue it) in the presence of particular circumstances.
ROLE OF THE ADVOCATE
The lawyer must be admitted to the profession in the U.S.A. and be in good standing at the time the visa is presented. The lawyer has a fundamental role in obtaining the visa. In fact, in addition to completing visa applications (mind you, every little mistake is fatal), it collects the documentation, verifies its legal correctness and builds the entire application for approval of the visa. The media, about 50 hours of work are required from the professional in order to present a good question.