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Background
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International Buyers

International Expertise

We are experienced in working with people from other countries in buying or selling homes in Florida. An & Danny Flamand, Co-Owners of Orlando Vacation Realty, are originally from Antwerp, Belgium, and understand your concerns of investing in a foreign country. Pete Howlett, Broker on record, grew up in the Orlando area. Foreign expertise & local knowledge give you the best of both worlds. We know that there are differences in the practices, customs & guidelines associated with real estate, mortgages, banking and assist you through the entire process. We have staff that speak English, Spanish, Dutch and French.

Exceeding the Needs of International Buyers

Mortgages:

  • Mortgages offered in US Dollar currency
  • Fixed, Variable, Interest Only Payment Plans
  • Experienced Lender in Foreign National Loans

Currency Exchange:

  • Best Exchange Rates in the Transfer of Money
  • Fix the rate for up to 2 years in advance, good for New build Pruchases
  • Arrange fixed ongoing payments

Banking:

  • Set up US bank account, even from abroad
  • Easy wire transfers into & out of US bank account
  • Online banking to check account from abroad

Email an@orlandovacationrealty.com or call us toll free 1-888-217-3580 with any questions.

Immigration Visas / Green Cards

Many people dream of living and working in the United States and soon realize that obtaining a visa or permanent residence can be one of the most difficult procedures they face. Fortunately, we can assist with comprehensive immigration services to help overseas business professionals accomplish their dream.

Obtaining a visa is the first step in the process of transferring to the United States. The visa filing is a complex bureaucratic process that requires more than filing forms. You need to establish at an early stage if you qualify for a nonimmigrant visa or green card. Are you a citizen from a country that has a treaty of navigation and commerce with the United States that would entitle you to apply for an investment visa? These, and a host of other questions, must be addressed before making the application for any non-immigrant visa.

Our visa professional’s whose practice centers on a keen understanding of the following nonimmigrant visas: L-1 Intracompany Transferee, E-2 Treaty Investor, E-1 Treaty Trader, H-1B Specialty Occupation, & EB-5 Entrepreneur Permanent Residence. Our attorney is fully equipped with the latest cutting-edge technology, providing all of its global clients with the best support systems in business. In addition, we retain a certified public accountant to provide a full range of financial services and works closely with banks and industry. All the vital areas of moving to the United States are carefully handled, from forming a corporation, to purchasing a business to establishing credit to purchasing a residential property. Our attorneys provide a professional consultancy established on the traditional principles of providing expert advice, solid support and successful results.

L-1 Intracompany Transferee Visa

Transferee Must:

  • be employed in executive or managerial position, or have specialized knowledge have held that position for one continuous year in last three years
  • be transferring to U.S. to open new office, or fill executive or specialized knowledge position in existing office
  • supervise subordinate managers
  • be a bonafide non-immigrant

Overseas Company Must:

  • be currently and continue to be engaged in regular systematic & continuous provisions of goods/services
  • be in business for at least 12 months
  • be employing transferee in executive/managerial position supervising subordinate managers, or be employing transferee in specialized function in that business
  • provide current financial statements
  • provide evidence of recent business conducted
  • provide evidence of staff employed, recommend at least four full-time workers
  • provide management & personnel structure

U.S Corporation must:

  • be a legal entity registered to conduct business in the U.S.
  • have identical structure, be owned or controlled in the majority by foreign corporation
  • be intending to employ U.S. workers in managerial and subordinate positions
  • be registered with Internal Revenue Service for tax purposes
  • have lease securing physical premises to house U.S. entity
  • have opened U.S. corporate bank account – New offices must have sufficient funds to initiate start-up
  • have U.S. corporation Income Tax Return -Applies to existing offices one year or more
  • have financial projections for at least first year of trading -Applies to new offices

E-2 Treaty Investor Visa

Foreign Individual must:

  • be a national of a treaty country
  • be making a substantial investment
  • have funds personally at risk
  • show control of funds into U.S.
  • have committed funds to the investment
  • be investing in a real operating enterprise
  • be coming to the U.S. solely to develop and direct the investment
  • be supervising subordinate managers
  • be a bonafide non-immigrant

US Corporation must:

  • be a legal entity registered to conduct business in the U.S.
  • be owned by foreign individual from treaty visa country
  • be a business enterprise requiring U.S. workers in addition to the investor to operate
  • have the capacity to generate significantly more income than just providing a living for the investor
  • have lease or deed securing physical premises to house U.S. entity – Private residence cannot be used as business location
  • can be an existing or new start up business – Must have sufficient funds to initiate start-up
  • have a business plan and financial projections
  • provide management and personnel structure
  • investment funds must be available in advance and must be secured in an escrow account
  • Alien is entering the United States for an indefinite time, based upon treaty of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements between United States and country of which he/she is a national.
  • Alien is entering solely to develop and direct the operations of an enterprise in which the alien has invested, or is actively in the process of investing a substantial amount of capital.
  • Principal employer or key employee is a person with nationality of treaty country and enterprise or organization is 50% or more owned by treaty national.
  • Funds for investment must be at risk. The capital must be irrevocably committed to enterprise and subjected to partial or total loss if investment fortunes reverse. It must be the investor’s unsecured personal business capital or capital secured by personal assets. Intent or prospective plans are insufficient. Placing funds in escrow, pending approval of “E” classification, that irrevocably commits funds, but also protects investor if the application is denied, is permissible.
  • Investor must establish that funds are his/hers, not a third party’s.
  • Substantial investment is currently defined by Department of State as the amount invested weighed against the total cost of purchasing or creating the enterprise the amount normally considered sufficient to ensure the investor’s commitment to the successful operation of the enterprise, and a magnitude of investment to support the likelihood that the investor will successfully develop and direct the enterprise the lower the cost of the enterprise, the higher, proportionally, the investment must be to be considered a substantial amount distinction for service industries is amount necessary to establish a viable enterprise
  • Investment cannot be marginal, it must have the present or future capacity to generate more than minimal living for investor and family; outside income cannot be considered cannot be solely to earn a living for the investor and his family – will expand job opportunities will generate other sources of income will generate income substantially above what would be considered a living investor will not work simply as a skilled or unskilled worker, but must manage business or have controlling interest
  • Employees can be a new hire and need not have worked for the company previously.
  • Normally visas will initially be issued for 2 or 5 years depending on the size and type of business.
  • Spouses can apply for Employment Authorization Document (EAD) to work in the United States for a maximum period of two years.

E-1 Treaty Trader Visa Alien is entering the United States for an indefinite time, based upon treaty of friendship, commerce and navigation or Bilateral Investment Treaty or other arrangements between the United States and country of which the alien is a national. The person is entering solely to carry on substantial trade which is international in scope principally between the United States and the foreign country of which the alien is a national. Principal employer and key employee are nationals of treaty country and enterprise or organization is 50% or more owned by treaty national.

Substantial trade:

  • Trade is defined as the international exchange of items of trade for consideration between the United States and the treaty country. Domestic trade is not counted in determining trade.
  • Trade must be principally with treaty country.
  • More than 50% of total volume of international trade must be between United States and treaty country.
  • The amount of trade cannot be based on a single transaction, regardless of how protracted or monetarily valuable.
  • Volume of exchanges is given more weight than the value of the exchanges.
  • For smaller businesses, income derived from the value of numerous transactions which is sufficient to support trader and their family constitutes a favorable factor in assessing existence of substantial trade.

Nationality of Corporation:

  • At least 50% of stock owned by nationals of treaty country permits joint venture.

Limitations:

  • Does not convert to permanent residence.
  • Visa extensions required – 2 year admission and extension of stay up to 2 years.
  • Principal employer is with nationality of treaty country.
  • Special problems with E-1 related to economic embargoes or sanctions on a country often render E-1 privileges inoperable
  • Unmarried dependent children reaching the age of 21 and wishing to continue living in the United States must apply for their own visas.

H-1B Specialty Occupation Visa

The following criteria are required from the Employer:

  • The employer seeking the services of an H-1B employee must be a U.S. employer.
  • A U.S. employer is a person, firm, or corporation in the United States with an Internal Revenue Service tax identification number.
  • The employer must have documentation that the job to be filled by the H-1B employee involves a specialty occupation, requiring a bachelors or higher degree to enter the field.
  • As a prerequisite to obtaining the services of an H-1B employee, the U.S. employer must file a Labor Condition Application (LCA) with the Department of Labor.
  • The employer must maintain a Public Inspection File.
  • The employer must attest that it will pay its H-1B employees within 95% of the prevailing wage rate and will offer prevailing working conditions to these employees.
  • Prior to the H-1B employee commencing employment, the employer must obtain approval of a non-immigrant work petition from the INS

The following criteria are required from the Employee:

  • The employee must have a job offer from a U.S. employer.
  • A U.S. employer is a person, firm, or corporation in the United States with an Internal Revenue Service tax identification number.
  • The employee must have a U.S. Bachelor or higher degree. If the worker has a foreign degree, that degree must be evaluated by a recognized degree evaluation service.
  • The employee lacking a U.S. degree or equivalent must have 3 years of specialized training or work experience for each year of college-level education that he/she lacks towards that degree required for that field.
  • The employee must intend to remain in the U.S. temporarily, for no longer than the term of the visa. H-1B visas are issued in 3 year increments up to a maximum of 6 years.
  • The employee must reside abroad for 1 year after expiration of his/her visa, before applying for another H-1B visa.

An annual limit is imposed on the H-1B category. Once the cap has been reached for each fiscal year, Immigration will stop approving H-1B petitions for that year. Employers must wait for the beginning of the new fiscal year before employing an H-1B worker.

Privileges:

  • Work legally for a United States business.
  • Do not have to maintain a foreign residence.
  • Travel in and out of the United States or remain there continuously for term of H-1B.
  • Visas available for spouses and unmarried dependent children under 21.
  • With employer consent may lead to permanent residence.

Limitations:

  • Change in employment will require filing with the INS and additional fees.
  • Alien must have BA or BS degree or equivalent acceptable work experience.
  • Must obtain an approved Labor Condition Application.
  • Annual capping for H-1B visas.
  • Visa issued in increments of three years, limited to a total of six years. Alien must reside abroad for 1 year before applying for another H1-B visa.
  • Intend to remain in the United States temporarily.

EB-5 Entrepreneur Permanent Residence Visa

The Investor must:

  • show control and have paperwork relating to movement of funds into the U.S.
  • have a U.S. corporation legally registered to conduct business in the U.S.
  • have committed funds to the investment
  • be employing or proposing to employ at least 10 U.S. workers
  • be investing in an operating enterprise or setting up new business
  • be registered with Internal Revenue Service for tax purposes
  • have receipts for all capital expenses
  • have Deed securing physical premises to house U.S. entity
  • produce a business plan
  • have opened a U.S. corporate bank account
  • produce a personal assets statement
  • have Financial Projections for first year of trading
  • provide management and personnel structure
  • be a bonafide non-immigrant

The Regular Program

Section 121(a) of IMMACT90 provides a yearly maximum of 10,000 visas for applicants with $1 million to invest in a new commercial enterprise employing at least 10 full time United States workers. To qualify under the employment creation category, the new enterprise must have been:

  • established by the alien
  • one in which the alien has invested (or is in the process of investing) at least $1 million
  • one which will benefit the U.S. economy and create full-time employment for not fewer than 10 U.S. workers (not including the immigrant or family)

The 610 Pilot Program

The Attorney General and Secretary of State are directed to set aside 300 visas each year for five years to implement the provision of INA §203(b)(5) by attracting investment of at least $500,000 in designated regional centers. Under this Program there is no requirement that the immigrant investor enterprise itself employ 10 U.S. workers, as long as the investor admitted to the U.S. through the pilot program can reasonably demonstrate that he or she has indirectly created 10 or more jobs and improved regional productivity.

Targeted employment area defined: a rural area or an area which has experienced high unemployment (of at least 150% of the national average rate).

Rural area defined: means any area other than an area within a metropolitan statistical area or within the outer boundary of any city or town having a population of 20,000 or more (based on the most recent decennial census of the United States).

The Investor/employment-creation visas as described above are issued conditionally for a 2 year period. Within 90 days before the second anniversary, the alien investor must file establishment of the commercial enterprise complying with the category guidelines, before the conditional status is removed.

The alien investor must either be involved in the day-to-day managerial control of the commercial enterprise, or manage it through policy formulation. The new commercial enterprise may be established by creating an original business, purchasing and restructuring an existing business, or expanding and substantially changing the net worth or number of employees in the business so that there is a 40% increase in net worth or in the number of employees.

Privileges:

  • Permanent residence status, although conditional for 2 years.
  • Permanent residence status (conditional) for spouses and unmarried dependent children under 21.
  • Be involved in the day to day managerial control of the United States corporation/investment.
  • Freedom to travel in and out of the United States.

Limitations:

  • Permanent residence conditional for 2 year period.
  • Application to remove condition 90 days before second anniversary.
  • Continuation of category guidelines for employment etc.

Green Card

The term “green card” has been a misnomer since the 1960′s when the color changed to blue, most recently to pink, and currently white plastic with a green stripe. The new card is unique, packed with the most up-to-date technology. It includes microscopic portraits of all 42 Presidents, an embedded hologram of the Statue of Liberty and a laser-etched digital color photograph of the card holder. Minute drawings of the 50 state flags, a dozen holograms and a digital fingerprinting system combined with an optical memory stripe will enable authorities to establish whether the card is a fake. A lot of people mistakenly believe that green cards are nothing more than work permits. While a green card does give you the right to work legally in the United States where and when you wish, that is just one of the features. Identifying the holder as a permanent resident of the United States is its main function.

When you have a green card you are required to make the United States your permanent home. If you don’t, you risk losing your card. This does not mean your ability to travel in and out of the United States is limited. Freedom to travel as you choose is an important benefit of a green card. However, no matter how much you travel, your permanent residence must be the United States or your card could be revoked.

Privileges:

  • Live anywhere in the United States and unlimited period of stay.
  • Work at any job, for any company, anywhere in the United States (Choice not to work at all).
  • Freedom to travel in and out of the United States
  • After five years of holding a green card, naturalization (citizenship) may be applied for. Permanent residence available to spouse and unmarried dependent children under 21.

Limitations:

  • Place of residence must be in the United States
  • Green card cannot be just used for travel.
  • United States taxes must be paid on world wide income.
  • Cannot remain outside the United States for more than 12 months at a time without special permission, or risk of losing green card.
  • Cannot vote.
  • Must be renewed every 10 years.