E and L Visa

The small to medium- Italian entrepreneur who wants to start a business in the USA, must first make assessments in terms of immigration. In fact, given the socio-political climate in the United States be, it is extremely important to properly plan the strategy for immigration.
Visas suggested for an entrepreneur who starts a business in the USA Seen are the E-2 Visa and L.

VISA AND INVESTOR -2

Visas E-2 visa is a cd. for investors. The entrepreneur who wants to start a stable in the USA (ie. catering) will have to invest the assets and money in order to start the execution of the business.
In this sense, one of the prerequisites for the Visa, E-2, the investment will be already present and is one of the prerequisites in order to obtain the E-2 Visa.

As regards the duration of the Visa E-2, the same hard for the entire period in which the investment in the USA is in place.

The amount of that investment must be so to say, substantial. However, this regulatory definition is flexible in relation to the nature and quality ‘ of the investment. Thus, for the restoration, a total investment of about $ 75,000 liquid has already been deemed sufficient for the visa approval.

From a practical point of view, the question to compilare- by an attorney specializing in the field – is the DS-160. The DS-160 is filled out online, via the internet – and is then deposited – always on- line – at the relevant Consulate / Embassy jurisdiction.

Next, you must send – via courier – documents proving the existence of the requirements established by law for obtaining the visa.

In particular, these essential requirements are:

1) Nationality (Italian);
2) Amount of the investment;
3) Ability to generate investment income;
4) Control of the investment;
5) Risk levels of investment;
6) Intention to leave the U.S. when the investment ends.

Once you submit the necessary documents proving the above-mentioned requirements, the American Embassy will examine the application and, if satisfied with the documentation presented, please contact the Applicant – the entrepreneur -for an interview.

Then the interview, if the documentation is prepared in line with the requirements of the law, the embassy will proceed to issue the Visa E-2.

VISA L – TRANSFER OF A WORKER

Visa L is used by the Italian company who have a branch, affiliate, or subsidiary – also in joint venture – in the USA and want to transfer an employee to said housing.

One of the requirements of the law is the relationship of fellowship between the two companies, which must be proven in detail the Immigration and that there must be against the American company (subsidiary, affiliate, or joint venture) – parent company.

The duration of the visa is approximately 5 years (in the case of a visa for a worker with special skills) and 7 years (in the case of a worker in managerial position).

The document is to be submitted to the Immigration FORM 129 with its Supplement. In addition, you must submit all documentation proving the collateral requirements of the law, then :

– Documentation regarding the parent company:

• Articles of Incorporation;
• By-laws;
• Stock Certificates;
• Financial statements for the last two years.

– Documentation regarding the subsidiary or affiliate :

• Articles of Incorporation;
• By-laws;
• Stock Certificates;
• Financial statements for the last two years.

– Documentation on the employee you want to transfer :

• Copy of passport;
• Resume;
• Payrolls received in the last three years;
• Letters of recommendation.

Note that the documentation indicated is not exhaustive. This documentation will vary from case to case.

Copies of such documentation will be accepted by the Immigration (no need to submit original documentation) provided in English.

The fees that must be paid to the Immigration for obtaining a visa amounted to $ 825.00 ($ 325.00 standard fee, $ 500.00 as check fraud and protection).

The application must be submitted in the U.S. The Immigration, once your application is approved, will send an electronic communication to the relevant Consulate / Embassy. Even in this case, as for E-2 visa, the Embassy / Consulate will contact the Applicant and will set a precise date in 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 (ie not release it) in the presence of special circumstances.

LAWYER ROLE

Lawyer must be admitted to the USA and be in good standing at the time of submission of the visa. The lawyer has a fundamental role in obtaining the visa. In fact, in addition to compile applications for Visa (mind you, every little mistake is fatal), collects the documentation, checks its legal correctness and builds the entire application for the approval of the visa. On average, about 50 hours of work are required for the professional in order to present a good question.

DISCLAIMER

This document was produced in 2012 by Studio Legale Tosolini, Lamura Rasile & Toniutti, LLP, based in New York and Rome and a subsidiary office in Milan. This document and its contents are the exclusive property of Tosolini, Lamura Rasile & Toniutti, LLP and may not be reproduced or copied in any form or manner.This document does not constitute legal advice. The information contained herein may be incomplete and / or inaccurate. This document is purely informative nature and is subject to the laws of the State of New York. If, in the course of this document, there are indications related to results obtained with other customers, these results depend on the circumstances of each customer, therefore, results previously obtained can not be guaranteed. This document is representable as advertising ‘ for lawyers (attorney advertising).

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