Although the United States is one of the strongest and safest markets to invest in, the ever increasing maze of legal requirements imposed on the foreign investor can make it a formidable market to penetrate. In this article, we outline the salient points which should be borne in mind when investing in the U.S.

IMMIGRATION - THE FIRST PRIORITY

All persons travelling to the U.S. for business require permission to enter from the immigration inspector. Nationals of EU countries may visit for up to 90 days if they fulfil the conditions of the Visa Waiver Programme. Persons who have had a U.S. visa cancelled for any reason may not travel under the visa waiver pilot programme, but must obtain a visitors' visa from the U.S. Embassy. In order to apply for such a visa, one should obtain form OF-156 and submit it with a passport size photograph and documentary evidence to explain the purpose and temporary nature of your trip. In some cases, specific evidence will be required to establish the applicant's eligibility for a visa. This type of visa will suffice for persons on a business visit for less than six months and who will not be working.

Anyone entering in order to perform paid services, or who intends to stay for more than six months must obtain the appropriate visa before departing for the U.S. There are dozens of non immigrant visa categories. Because different legal rights and duties flow from the various non immigrant visas, it is vital to the business person/investor to first determine his needs and carefully select the right visa classification most consistent with those needs.

Many visitors begin their venture in America by way of a secondment to a U.S. subsidiary of an international company. There is a specific visa for this, usually referred to as the intra-company transferee visa. Although this visa is available for persons who have been employed at an international company for at least one year, approval does require an application to the appropriate Immigration authority in the U.S. In most instances, it will be advantageous to incorporate an American subsidiary of the international parent company and legal assistance should be sought in this regard.

Most foreign workers in America are employed directly by U.S. companies without the intervening corporate relationship overseas. Work visas are available for executives, professionals, doctors, nurses, skilled workers and persons taking positions where the labor market is in short supply. Most of these positions require prior labor certification from the U.S. Labor Department, which can take up to several months to obtain.

A much faster method of obtaining permission to reside in America is through the much coveted Treaty Visa, designed for traders and investors. This visa is available for nationals (of a treaty country such as Britain, Japan and most EU countries), who have an existing trade with the U.S., or who are investing a substantial amount of capital in a commercial enterprise. The application form and required supporting documents are quite lengthy, but the consular reviewing period is roughly a matter of a few weeks. Once the initial application for status has been approved, the visa application is generally approved without difficulty. Visas are issued for periods of between one and five years and may be renewed indefinitely.

Many investors would prefer to remain on a permanent basis in America without having to periodically renew their non immigrant visa. There is now an immigrant visa available for entrepreneurs who can invest US $1 million in an American venture. The visa has recently become more accessible with the addition of a $500,000 category for investments in rural or economically depressed areas. Persons considering this visa should note that, in most cases, the investment is required to provide 10 full time positions for U.S. workers, in addition to satisfying the other investment requirements.

It should also be noted that permanent immigrant status is possible for certain managers and executives of affiliated US-UK companies. Such persons must have been employed outside the USA for at least one year by the company.

When departing, foreign persons who have been working in the USA may be required to obtain an exit visa certifying that all taxes have been paid before departing.