Starting a business in the USA attracts investors from all over the world with loyal legislation, government support for small businesses and a transparent tax system. In addition, the US-business may serve as a basis for obtaining a Business visa or Green Card.
For those who are planning to obtain a visa based on the purchase of an active business in the US, the following categories can be considered:
- L-1 executive nonimmigrant visa;
- E-2 investor business visa (for citizens of countries that have signed E-Treaty with the US);
- Permanent residence status through investment in the EB-5 program (Green Card);
- Permanent residence status through investment using the EB1 rout.
When buying an already existing business, you save the most valuable resource – “Time”. Because you will not need to prepare a voluminous package of documents, all permits and licenses have already been obtained. In addition, you do not have to choose a State and assess the risks of operating your company in a particular State. Also, the company you acquired will most likely already have a list of approved suppliers, as well as the most optimal channels for positioning, promoting and marketing products. An existing business is easier and faster to use for immigration purposes, since you rely on reality, and in a new project on a business plan.
How to buy a ready-made business and get a visa
Finding and buying a business in a foreign country involves many risks: no one is secure from being deceived by a broker or a seller, there may be problems associated with ignorance of local legislation, you may face the concealment of negative factors in the history of the company that can make it impossible to obtain a visa for this business.
The US Immigration Service very carefully approaches firms, on the basis of which a visa petition is issued. The company is subject to both official requirements of the relevant visa category, as well as unofficial ones, dictated by the current practice of considering such cases. In order to protect yourself from the possible risks of a petition being rejected, it is extremely important to carefully consider the choice of a company for acquisition.
A successful purchase is preceded by the following steps:
1. Team selection
Hiring at least an immigration lawyer and brokers who clearly understand the immigration criteria and have experience in this area. Sometimes the specifics of a business require the hiring of additional highly specialized lawyers / auditors to verify and acquire a business in the United States. We had to involve lawyers in real estate, contract law, tax law, patent law, healthcare lawyers, auditors of the company’s asset and company relations with suppliers / clients, studying debt obligations, checking licenses, lobbying for a new project in the Ministry of Health (FDA) and much more.
2. Determination of the business field and region
We provide a detailed interview, where through questions and answers from our team and the investor, two or three business directions acceptable to the investor are identified. You also need to determine the geography of this investment. US immigration law operates at the federal level, so you don’t have to tie your investment to your planned residence, especially if you don’t plan to be actively involved in the project. The investor must clearly understand the difference between investment and investment for immigration reasons. Here the stakes are increased, and the opportunities are sometimes reduced due to immigration requirements.
3. Selecting a project area
It is recommended to invest in projects that are either familiar to you or are as conservative and as tangible as possible. Conservative projects, as a rule, do not promise extremely high dividends and require a larger amount of investment at the start, but they will be a good foundation for your family’s future life in the USA.
4. Project selection
It is recommended to invest in projects that are either familiar to you or as conservative as possible (franchises or network companies that successfully operate in the US).
Conservative projects, as a rule, do not promise extremely high dividends and require a larger amount of investment at the start, but they might be a stronger foundation for your family’s future life in the USA.
5. Finding the right offers
Most business brokers and realtors are focused on the transaction and commission, without thinking about the project’s reliability and / or immigration criteria. Buying such a business in America may prevent you from obtaining a residence permit.
6. Evaluation and analysis of the company
Independent evaluation by a specialist will determine current and estimated future market value of the company. This report is strongly recommended, as it would also identify potential income and return of investment. Finally, this would allow the investor to compare his own expectations with the one done by an independent party. Simultaneously, our immigration attorney would review in detail the ability of this venture to satisfy the immigration requirements.
Our team increases chances for success by checking the chosen company’s ability to perform these business based on immigration requirements of a particular visa category:
- we may check the selected company for economic and tax security;
- evaluate the overall potential of the company;
- we accompany the transaction and/or recommend an attorney to get involved on as needed basis;
- prepare and submit a petition for a visa and/or green card.
If you choose us, you’ll get:
- development of an individual immigration strategy with the help of our experienced immigration lawyer;
- options for existing businesses in America, taking into account your wishes and opportunities;
- individual support: from searching for a company to applying for a visa / permanent residence;
- accounting and/or legal business support after you move to the USA.