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Impact of the Proposed Immigration Bill on the Real Estate Industry In Comparison to the Present Law Presented by: Mary Carmen R. Madrid-Crost, Esq. Founder, Madrid Crost Law Group

Legal Requirements for Foreign Investors - IAR Multicultural Summit

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Mary Carmen R. Madrid-Crost, a lawyer, discusses the legal requirements for foreign investors in the U.S. market. (April 26, 2013)

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Page 1: Legal Requirements for Foreign Investors - IAR Multicultural Summit

Impact of the Proposed Immigration Bill on the Real Estate Industry In Comparison to the Present Law

Presented by: Mary Carmen R. Madrid-Crost, Esq.Founder, Madrid Crost Law Group

Page 2: Legal Requirements for Foreign Investors - IAR Multicultural Summit

The Law Pertaining to Foreign Businesses, Entrepreneurs and Workers

Definition and Distinction

Non-Immigrant Visa Treaty Traders (spouse)Treaty Investors (spouse)

Employment Generating Immigrant Visa

EB-5

Page 3: Legal Requirements for Foreign Investors - IAR Multicultural Summit

The Law Pertaining to Foreign Businesses, Entrepreneurs and Workers

Requirements: E-1 and E-2 Visas

E-1 (Treaty Trader)• national of a country with which the United States

maintains a treaty of commerce and navigation• carry on substantial trade• carry on principal trade between the United

States and the treaty country which qualified the treaty trader for E-1 classification.

Page 4: Legal Requirements for Foreign Investors - IAR Multicultural Summit

The Law Pertaining to Foreign Businesses, Entrepreneurs and Workers

Requirements: E-1 and E-2 Visas

E-2 (Treaty Investor)• national of a country with which the United States maintains a

treaty of commerce and navigation• Have invested, or be actively in the process of investing, a

substantial amount of capital in a bona fide enterprise in the United States

• seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

Page 5: Legal Requirements for Foreign Investors - IAR Multicultural Summit

The Law Pertaining to Foreign Businesses, Entrepreneurs and Workers

Treaty Countries http://

travel.state.gov/visa/fees/fees_3726.html

Treaty Countries for E-1 Only: Treaty Countries for E-2 OnlyTreaty Countries for both E-1 and E-

2

Page 6: Legal Requirements for Foreign Investors - IAR Multicultural Summit

The Proposed Bill

Legalization of Family Members

Business Immigration More H-1BsSTEMGuest Worker ProgramAgricultural JobsVisas for Low-Skilled Workers

Page 7: Legal Requirements for Foreign Investors - IAR Multicultural Summit

Consumer Protection and Unauthorized Practice of Law

Page 8: Legal Requirements for Foreign Investors - IAR Multicultural Summit

Questions and Answers

Page 9: Legal Requirements for Foreign Investors - IAR Multicultural Summit

About The Madrid Crost Law Group

The Madrid Crost Law Group is an established law firm fully concentrating in immigration and naturalization law.  For more than 15 years, the Madrid Crost Law Group has been committed to delivering the highest quality of immigration compliance solutions and legal defense to a broad spectrum of clientele consisting of individuals and business organizations with immigration-related issues.  The law firm attorneys are members of the American Immigration Lawyers Association (AILA). 

Mary Carmen Madrid-Crost, Principal Attorney, is the 2012-2013 Chair of the American Immigration Lawyers Association’s National Committee on Consumer Protection and Unauthorized Practice of Law. She has led the committee to concentrate its activities on consumer education by popularizing the website www.stopnotariofraud.org. She was last year’s Chair for the AILA Chicago Chapter’s Workplace Enforcement Committee.