Foreign Investor Requirements
for Buying a Business

Because Southwest Florida is one of the fastest growing areas in The United States we have drawn a large influx of foreigners who want to relocate in the area. Because of this and the every changing problems for foreigners to obtain visas they have realized that a way to get into the country is to buy a business. Listed below are the types of visas and requirements for such visas the foreign buyer must obtain.

I. E-2 Treaty Investor Visas

a. Who is eligible? Europeans (Eastern and Western), Canadians, and those with whom we have a treaty.
b. Minimum investment? No minimum, no maximum. Depends on the type of business. Must be active business.
c. Duration? Up to five years and renewable for as long as the business continues.
d. Application time? 2 to 6 weeks for the company, plus 2 to 6 weeks for the investor. Allow your client 90 days after closing.
e. Can the investor borrow? No and yes. For small investments, $100,000 or less, no. Up to $500,000, 60% equity is generally acceptable. At $1 million, 50% equity is also acceptable.
f. Investors can borrow 100% if a personal loan.
g. Family members? Spouse can work, children under 21 can study.

II. L-1/EB-1 International Executive/Manager Transferee.

a. Who is eligible? Executives/managers of international companies employed by the foreign affiliate. All countries eligible.
b. Minimum investment? No specific dollar amount. There must be an affiliated U.S. company owned by the foreign company or by the same foreign investors. Purchase of U.S. company is the investment.
c. Duration: L-1 up to 7 years. EB-1 is permanent (“green card”).
d. Application time? L-1 is 15 to 120 days. EB-1 is 24 to 30 months.
e. Can the investor borrow? Yes, no limits.
f. What is the difference between L-1 and EB-1? L-1 is temporary up to 7 years. EB-1 is permanent and is a “green card”.
g. Family members? L-1 spouse can work, children under 21 can study. EB-1 spouse and children under 21 get green cards.

III EB-5 Entrepreneurs/Employment Creation Visa

a. Who is eligible? Anyone.
b. Minimum investment? $1 million in most cases, $500,000 in areas of high unemployment or rural areas.
c. Duration? Permanent (“green card”).
d. Application time? 4 months for initial approval. 24 to 30 months for conditional green card.
e. What are the investment requirements? The investment must create ten new U.S. jobs within two years or save ten existing jobs in a troubled company.
f. Can the investor borrow? Yes and no. Secured on personal assets but not on business assets.
g. Family members? Spouses and children under 21 all get green cards.

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