Ways to live or invest in the United States

The second most visited country in the world, according to the World Tourism Organization (WTO), the United States receives about 70 million of tourists annually. But how to stop being a tourist and move there and live the American dream? How to diversify business and earn in dollar? Is it advantageous to invest in the United States?

Daniel Toledo, managing Partner of Loyalty Miami and an expert lawyer in international law, explains below five ways to make the American dream Real, investing in the United States and moving there.

1. Investing in a property

According to Loyalty Miami, investment consultancy that takes care of the deployment, management and business administration in the United States the annual valuation of a property in the US is 30 to 50% in the early years. "When we talk about a property for lease here in the USA, in some places it is possible to have up to 1% return," points out Daniel Toledo, managing Partner of Loyalty Miami. However, he explains that owning a property does not give us visa rights, it is possible to have a property as an investment or home vacation.

To purchase a property in the United States it is necessary to find a broker who will seek the best options, according to the profile sought. And over there, all the real estate gets registered in a single system. The broker will show the interested person a list of properties that adapt to the customer's request: Number of rooms, location, value, conservation status, year of construction, neighborhood. Many people seek real estate to invest, so it is important to consider sites that have high turnover, cities that have many visits, either from long term tour, or from tourists from the north of the country or Canada, who rent real estate in South Florida, from November to February, annually, to escape the blizzards and the low temperatures in their cities this time of year.

About values, Daniel Toledo explains that for foreigners who do not have Social Security (official identification document in the USA), thinking of a property of 200,000 dollars, usually the financial institutions will ask, from 30 to 40% of the value of the property as Entry and will finance 30 years with interest, on average, from 5 to 7.5% and in some cases 4%. This varies according to the approved credit and the income of the buyers in their countries of origin. In addition to this down payment it is necessary to bear the costs of transfer, registration and other fees and this varies greatly according to the region. With broker the cost turns between 3 and 6% of the property value.

Daniel Toledo also gives a hint to those interested in this investment option: buying a property by means of a company. The opening of an American company costs around a thousand dollars and takes 10 to 15 days. "This is the best option because it protects the patrimony in the event of death, for example. Inventories in the US can cost up to 50% of the value of the asset, "he points out.

2. Transfer of executive, partner or administrator (Visa L-1)

The L-1 visa (non-immigrant category) allows a foreign company to transfer an executive to its U.S. office. It is important that the executive is a manager in the company and has an administrative role, with a team below him, with employees as a secretary, supervisor, sales team, etc.

It is necessary to demonstrate management capacity and business administration. A reasonable number for companies to plead, according to Daniel Toledo, is around 150,000 dollars of billing. It is necessary to demonstrate this billing by means of documentation of the company and, after the qualification of the foreign company, it is necessary to transfer the partner or executive to the company of the USA, which will be an affiliate or subsidiary. Daniel Toledo reinforces that companies do not need to be of the same segment, one can be an industry and the other a florist.

The minimum amount of investment capital would be 80 to 100,000 dollars and should be a capital available in the current account to buy equipment, machinery, hiring people, working capital, etc. "The business supports the visa, so it is important to have a well structured business plan", tells Daniel. If the visa is approved, it is valid for one year. After that period it is necessary to make the accountability. If all is fulfilled, the visa is renewed for another two years. It is worth remembering that the foreign company is essential to maintain this visa.

3. How to get a Green Card (Visa EB-5)

The EB-5 is a program in which you can invest from 500,000 dollars directly into a business of your own, or in a Regional Center to generate jobs for at least 10 Americans. Then, after about 18 months from the start of the business, you get a temporary Green Card.

The major advantages of the program are the direct Green Card and its low risk of reproach by the United States Citizenship and Immigration Services (USCIS). The EB-5 confers a permanent status in the USA for the investor, his spouse and children of up to 21 years, because it guarantees the possibility of working and the same rights of American citizens with regard to education and scholarships in colleges, for example.

Loyalty Miami has an exclusive project for this type of investment: the construction of sports centers, which are sports complexes for the practice of sports, with blocks that can be rented simultaneously. "Americans have the practice of sports very present in their culture and this starts already in school. One of the reasons is that a good college can cost on average 150,000 dollars a year and high performance athletes, who represent educational institutions, receive scholarship and housing. Looking at this demand we study the market and we are developing two complexes in the region of Miami, "tells Daniel Toledo. He explains that the investment is high, around 1.3 million dollars, but the gains are also, since the estimate is to profit more than 2 million dollars in one year.

4. Investment visas for citizens of countries with trade treaty (Visa E-2)

The E-2 (non-immigrant category) program allows a citizen of a country with a trade or shipping treaty with the United States to apply for an American visa on investment in the USA. Brazil is not a signatory to this treaty, but Brazilian citizens who have citizenship in signatory countries such as Germany, Spain, France, Italy, among others, can apply for the visa.

Daniel Toledo, a lawyer at Loyalty Miami estimates that the ideal investment is around at least 120,000 dollars in a risky business. It is also necessary that the business is in progress or in the process of, that is, to have the things structured, with employees, point of sale or office, Working capital, purchase of equipment, stock, etc. It may be for franchises, as long as new or startups, because the investment requires that there be some risk for the granting of the temporary visa.

The E2 visa is temporary, usually two years, renewable and can be extended indefinitely, becoming a permanent visa. The investor's spouse automatically receives a work permit without restrictions and children under 21 are included.

5. Work visa for qualified foreigners

This year the United States expanded in 15000 the H2-B visas, focused on temporary employees, due to the lack of workers for those positions requiring low qualification. The H2-B is a temporary visa that allows American companies to hire specialized foreigners, but with low qualification, to meet a momentary need and have a maximum duration of one year. Interested organizations should apply for authorisation from US immigration and prove that, without immigrants, their business is at risk because there are no Americans who are capable or interested in acting in certain positions.

According to Daniel Toledo, a lawyer who specializes in migratory law of Loyalty Miami, which performs this type of visa application, vacancies are for sectors where there is not sufficient amount of qualified candidates or interested in acting in the areas in the USA, In addition these workers must receive wages equivalent to those of an American citizen. "There are some rules in the H2-B visa, for example, that work cannot be turned into agriculture. It is a necessity that the workforce is temporary, that is, being the visa is permanent, it is not granted, "he explains.

There is also the H1-B visa, which requires more qualification from the professional. The technology area is the most contracted, followed by the civil construction and services sectors. A Brazilian lawyer for example could be hired to work as a translator of legal documents for Portuguese and apply for the visa H2-B. If the professional has specialization in international law and previous experiences in the function, it qualifies as H1-B. This year the US should grant 81000 requests of this type of visa.


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