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business in miami

i would like to invest in a business in miami but i live in israel and want to move and live and work in miami. is it possible? what should i do?

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Chuck Woolweaver
FranchiseConsulting.Net
Franchise Your Business in 60 Days
Palm Beach County, FL

BASIC REQUIREMENTS FOR AN E VISA

A Treaty of Commerce and Navigation or a Bilateral Investment treaty must be in effect between the U.S. and the country of nationality of the foreign company or investor.

The company or the individual engaging in trade or investment in the U.S. must be of the same nationality as the treaty country.

The nationality of an individual is the country of citizenship.

The nationality of a corporation or partnership is determined by the citizenship of the individuals having controlling interest (stock ownership or partnership interest in the business entity). Controlling interest means at least 50% ownership. For treaty purposes, citizens of the treaty country who have acquired U.S. permanent residence status can not be counted in determining the 50% ownership. However, citizens of the treaty country who are in the U.S. in E visa status can be counted in determining the 50% ownership.

The employee or principal who is applying for E visa status must have the same nationality as the treaty entity. Spouses and children of the employee or principal may obtain derivative E status without being a citizen of the treaty country.

ADDITIONAL REQUIREMENTS FOR E-2, TREATY INVESTOR STATUS
Substantial Investment

There is no specific dollar amount which must be invested to meet the "substantial" requirement but the investment must meet one of two tests:

It must represent a significant proportion of the total value of the business enterprise (this test is usually applied to investments in existing businesses), or

It must be sufficient to establish a profitable and viable business of the type contemplated.

The investment must be in an active business.
Investment in property held for future appreciation, bank deposits and investments in stocks and securities would not qualify for the E-2 visa. The investment must be in an enterprise which produces some service or commodity.

The investment should create job opportunities for U.S. workers.
While it is preferable to have the U.S. workers hired at the time of application for the E-2 visa, reasonably achievable projections of jobs that will be created is often sufficient.

The E-2 visa applicant must play a key role in the operation of the business.
The visa applicant must either be the investor who is coming to the U.S. to develop or direct the investment or must be a manager or a highly trained employee with special skills necessary for the development of the investment.

Chuck Woolweaver
South Florida Licensed Business Broker
561-749-0767

Dec 27, 2009

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