San Francisco Estate, Business, and Investor Immigration Law Blog
Immigrant investor based immigration, also known as EB-5s, allows admission of immigrant investors as lawful permanent residents.
- Potential immigrants are those who invest at least $1 million in a new commercial enterprise employing at least 10 full-time U.S. workers.
- Immigrants who invest in a targeted employment area (TEA) or a qualified and approved Regional Center are only required to invest $500,000.
- Immigrants must show that they created at least 10 jobs within two years of an approved I-526 application.
- Approximately 10,000 visas are allocated to EB-5 investors per year.
Trusts are used for many purposes, including dividing ownership of property.
Trustees are the legal owner and may control the property.
The beneficiary holds the right to enjoy the property.
Trusts have several characteristics that make them preferable to wills:
- Trusts are simpler to update because changing a trust requires fewer formalities than changing a will.
- Trusts can take effect immediately if you are hurt or incapacitated.
- Trusts assets typically do not have to pass through probate, and sometimes taxes can be avoided or postponed.
Delaware Statutory Trusts allow investors to shield investment property sales from capital gains tax.
- The participant must invest in a property that costs at least as much as the proceeds from the sale of the first property within 180 days of the sale of the first property.
- DSTs allow multiple investors to band together own investment real estate that they could not afford individually.
An E-2 investment is an investor placing capital at risk with the objective of generating a profit. The investment may be starting a new business, or purchasing a pre-existing business. In both cases, the capital invested must be substantial.
Special needs trusts (SNT) are administered for the benefit of persons with disabilities or other impairments. If drafted properly, a SNT does not jeopardize a beneficiary's eligibility for means-tested government benefits including Supplemental Security Income and Medicaid (Medi-Cal in California).
An H-1B visa is a work visa used by aliens who will be employed temporarily in a specialty occupation. Specialty occupations are occupations that require highly specialized knowledge and usually, at least a bachelor's degree. Sought after specialty occupations include engineering, information technology, mathematics, medicine, and physical sciences.