|
| |
QUESTION:
I currently live in xxxxxxxxx Alberta and would like to move to Maui.How is this to be done,do I need to open a business invest in Maui??
I was just reading about an E-2 Visa where you would be required to invest $50,000 and live there but not become a permanent resident.
Help
----------------------
david ingram replies:
You can by a business as you have discovered. However, that only allows
you to work at that business.
Likely easier to marry an American and have him sponsor you.
You can read more about the E-2 visa at www.centa.com - read the Jan
1995 newsletter in the top left hand corner. then read the "Entering
the USA" section in the second box down on the right hand side
The following is also about someone else wanting to move to Maui.
-------------------------------------
.
xxxxxxxxx wrote:
Wondering about moving and starting a
business in Hawaii. We are Canadians (family) and want to move there.
Is this possible???
We have a home in xxxxxx we would sell
and want to start a business in Hawaii. Any help would be appreciated.
The website on immigration wasn't
working.
xxxxxxxxxxxxxxxx
-------------------------------------------------------------------
david ingram replies:
There are two kind of visas that might work for you -
The E-2 visa allows you to open a business and work in the US but does
NOT allow you to become a permanent resident and citizen of the US.
You can find out more by going to www.centa.com and reading the Jan
1995 Newsletter in the top left hand corner. For some businesses, even
$50,000 might qualify for an E-2.
The E-5 requires an investment of $1,000,000 but in some depressed
areas, $500,000 would qualify. Whatcom Country south of Vancouver
qualifies for the $500,000 investment for instance but I do not know
about Maui.
The E-5 visa gives you an automatic temporary Green Card which is made
permanent after you have shown that the business is still operating two
years later with 10 full time employees.
the following in Red is reprinted from the State Department's own site.
Visa Categories
Investors
An alien
who invests one million dollars in a business enterprise which creates
at least ten new jobs for American citizens or previously admitted
resident aliens is eligible to apply for an investor visa. In certain
targeted areas of high unemployment, a five hundred thousand dollar
investment creating at least ten new jobs for U.S. citizens or
previously admitted resident aliens would qualify for an investor's
visa.
The investment can be in a new enterprise or in an
existing business. If the investment is in an existing enterprise, the
investment must result in an increase of at least 40 percent in the net
worth or in the number of employees employed by the business.
Applying for the investor's visa is a
two-step process...
-
First, the investor must file an I-526
employment-based visa petition on his or her own behalf with the CIS
office having jurisdiction over the investment site. Please see the CIS
website at www.uscis.gov for further information. The spouse
and child (under 21) of an investor are also eligible for visas based
on the same petition.
-
Second, when CONS/IV receives the
approved I-526
petition from NVC, the applicant will be sent a detailed list of the
supporting documents needed to apply for the visa. After the investor
notifies CONS/IV by fax or e-mail that he or she is ready for the visa
interview, we will schedule one, usually within 6-8 weeks. If the
applicant is found eligible for a visa, the visa will be delivered to
the applicant via courier within several working days.
The
fee for an immigrant visa is $400 each and they are generally valid for
six months. All fees are payable in cash (dollars or Korean won), money
order, or "Logoed" credit/debit card (Visa, Master Card,
American Express, and Novus/Discover). We are unable to accept personal
checks.
The
alien investor and accompanying family members will have conditional
resident status for two years. Ninety days before the expiration date
printed on the alien registration card, the investor must file an I-829
petition with the CIS office to gain permanent resident status. To
qualify, the investor must show that the investment was made and that
the enterprise has since been in continuous operation.
----------------------------------------------------------------------------------------------
The best US Immigration lawyer to deal with this subject is likely David
Andersson at 604-608-0818. In fact he has a structured
$500,000 investment which qualifies for this. You might consider
investing with David in Whatcom County and then just moving to Hawaii
and opening your business there with whatever you need.
--------------------------------------
QUESTION: Hi there,
I am a Canadian citizen. Currently, my husband is working overseas and
we are living in Saudi Arabia as non-resident of Canada. Currently, I
don't have any property in Canada.
I would like to purchase/invest in a business in US and would like to
obtain an E-2 visa. What are the legal procedures and documentation
that are required to obtain such visa? To apply for this, do I need to
have a house in Canada or not.
I am looking forward to your quick response at your earliest
convenience.
Sincerely,
---------------------------------------------------------------------------
david ingram replies:
An E2 visa is available to you whether you are in Canada or not. It
depends upon your Nationality not where you are living.
If you go to www.centa.com, you will find (in the
top left hand box) the January 1995 newsletter on E-2 Visa by Dennis
Olsen, former US in Vancouver and an issuer of E2 visas until they were
moved to Toronto. In January 2006, the processing of E2s was opened up
in Vancouver again and can be processed through the US Consulate in
Vancouver if you are from BC and / or the Yukon. All other Canadians
must go through the Toronto Consulate -
find more at http://www.amcits.com/evisa.asp
Start by reading the January 2005 newsletter. It will give you the
rules and it is my impression that the approval is a little easier than
this newsletter states now.
You can start the process and maybe make it a little cheaper by filling
out Form DS156 at - https://evisaforms.state.gov/ds156.asp
Note that this is a fillable form
You will also need DS156E - http://www.state.gov/documents/organization/79963.pdf
You might need DS157 - http://www.state.gov/documents/organization/79964.pdf
You should fill in DS158 for your contact information and work history
- http://www.state.gov/documents/organization/79965.pdf
You can also see basic instructions at http://evisaforms.state.gov/default.asp
Note that with an E-2, your husband can obtain a work authorization to
work somewhere else as a rule.
There will be a couple of more forms but this will get you off to a
good start and you can do it yourself. However, be careful if you look
for outside help.
If you need legal help, and are from BC or the Yukon specifically (or
anywhere else in Canada), I could suggest
David Anderrson LLB, AILA
200-1095 West Pender Street (same building as US Consulate)
Vancouver BC
V6E 2M6
(604) 608-0818 -
David just presented an excellent seminar in Vancouver on E-2 Visas and
has an interesting proposal for an E-5 Visa which requires $500,000 US
but is a far superior visa than an E-2.
If you are from Quebec in particular,
Dan Cuppett, JD, AILA
57 Court Street
Plattsburgh, New York
USA 12901
(518) 566-6666
is an Immigration attorney who specializes in Canadians (particularly
those from Quebec) to the USA.
I would give you Dennis Olsen's(author of the Jan 1995 newsletter)
number as well but have not heard from him for the last while and when
I did try and phone him on Thursday, could not find a phone number for
him so he must be in the process of moving, or might even have retired,
etc.
And note this well. All your documentation for Toronto MUST be in the
format which you can find at: http://toronto.usconsulate.gov/content/visas/E-28_TI.pdf
If it is not in this format, Toronto will reject the whole
application.
Vancouver also has its own rules as in
U.S. CONSULATE GENERAL, VANCOUVER
1075 WEST PENDER STREET
VANCOUVER, BC V6E 2M6
Mandatory Formatting Instructions for Treaty Investor (E-2) Visa
Submissions
Effective Date: 01 August 2006
Non-compliant submissions will be rejected as of: 01 September 2006
Effective immediately, the Consulate in Vancouver now requires all
cases to be
submitted in the following format. The E Visa Unit will not accept non
compliant cases
for processing as of 01 September 2006.
All submissions must be organized into the sections below. Submissions
must be bound
and the sections must be delineated by clear dividers with tabs that
stick out from the
edges of the page. Divider pages without tabs are not acceptable. If
there are more than
two documents under one of the numbered tabs, you must subdivide the
numbered
sections into lettered subsections with tabs.
Your submissions must be organized in such a way that the reviewer can
locate all of the
relevant facts to make an adjudication within 5-10 minutes.
Once your submission is prepared as indicated below, submit it to our
office by mail or
courier. Our addresses for various types of shipments may be found at:
http://www.usconsulatevancouver.ca/content/content.asp?section=visas8document=evisa
#submitting
Required format and contents:
The cover page and application forms must be loose (unbound to the rest
of the package)
and placed on top of the submission package.
Application Requirements (unbound underneath cover page and on top of
the documents
brief in the following order):
1. All DS-156, 156E, and 157 forms, filled out using the electronic
visa application
forms – link available on Toronto’s website (Please note: we require
DS-157
forms for all applicants over the age of 16, without regard to age or
gender);
primary contact email address must be placed in block 23 on the DS-156;
be
certain to fill in EVERY block on all forms and sign and date; submit
only signed
original forms.
2. 2X2 passport-style photograph on plain white background taken within
the last
six months. One for each applicant. See photograph requirements on our
website
for further details.
3. Certified check or international money order payable to the U.S.
Consulate
General Vancouver in the amount of $100 US per applicant.
4. Dependents – provide copy of marriage certificate for spouse and
copies of birth
certificates for all children under the age 0f 21. Staple these to the
DS-156
applications of the dependents applicants.
5. Attached to DS-156 for each applicant, include a signed statement of
the
applicant’s intentions regarding the temporary or permanent nature of
their stay in
the United States.
E-2 Requirements:
You must organize the tabbed exhibits following the number/letter
outline below. You
must submit all of the documents noted here, unless otherwise indicated.
1. Summary
a. Concise comprehensive brief of relevant facts
● Be brief, state exactly and precisely how the enterprise qualifies
● Do not waste space with lengthy citation of CFR or FAM texts
● Make specific reference to supporting documentation, for example:
“The Canadian parent company is owned 100% by the applicant.
See organizational documents showing the corporation is
authorized to issue 250 shares (tab 3C(i), relevant portion
highlighted), and the applicant’s stock subscription agreement and
share certificate for 250 shares (tab 3C(ii)).”
b. Comprehensive Index/Table of Contents
2. Nationality of the Individual Beneficiary
a. Photocopy of the passport biographic page for investor(s)/employee(s)
followed by copy for each dependent family member
b. Photocopy of landed immigrant card
3. Nationality of the Company/Evidence of Controlling Interest
If your company is an incorporated entity:
a. Chart of ownership of the enterprise
b. Articles of Incorporation and certificate of existence/registration
from the
state/province in which the company is incorporated.
c. Ownership:
● If privately held by a small group of shareholders, submit i)
evidence of the total number of shares outstanding, and who holds
each, and ii) evidence of the treaty country nationality of the
owners of at least 50% of the outstanding stock –OR-
● If publicly traded, submit i) notarized statement from a duly
authorized corporate officer stating all of the stock exchanges on
which the company is traded, ii) the volume of stock traded on
each exchange (see 9 FAM 41.51 N3.2), and iii) recently published stock
quotations
● Please note, for either of the above, if the ownership is traced to
another corporate entity (such as a holding or parent company
rather than an individual), you must also trace the ownership of the
holding company (ies) all the way back to the beneficial individual
owners
-OR- if your company is a partnership, Joint Venture, LLC, or similar:
a. Partnership or Joint Venture Agreement
b. Shares/stock certificates indicating total partnership units issued
and
outstanding, and to whom they are issued
c. Please note, for either of the above, if the ownership is traced to
another
corporate entity (such as a holding or parent company rather than an
individual), you must also trace the ownership of the holding company
(ies) all the way back to the beneficial individual owners
-OR- if your company is a sole proprietorship:
a. Business Registration
b. Proof of ownership of business assets (real property, etc.)
4. Source of Investment
a. Detailed statement by applicant explaining how funds used in the
investment were acquired or accumulated
b. Debit and credit services for personal and/or business account
withdrawals
c. Documentation demonstrating how funds were acquired or accumulated:
● Transactions showing payment of sold property or business (proof
of property ownership and promissory notes) and rental income
(lease agreements); -AND/OR-
● Last three years of personal tax returns; -AND/OR-
● Statement from individual providing money to investor as a gift
5. Evidence of Investment
For an existing enterprise:
a. Purchase agreement
b. Proof of financing and funds transfer:
i. Copies of canceled checks or wire transfers from investor for all
deposits, partial-payments or transactions paid in full
ii. All loan, promissory or mortgage documents AND security
agreement; AND, copies of canceled checks or wire transfer
receipts from investor demonstrating consistent payment of
financial obligations. A letter from the financier stating all
payments are current may also be accepted
iii. Escrow agreement, escrow account statement in the U.S., escrow
receipt, if applicable
-OR- for a new enterprise:
a. Inventory listing: shipment invoices of inventory, equipment or
business
related property
b. Receipts for inventory purchases
c. Canceled checks or official payment receipts for expenditures
d. Canceled check for first month’s rent or full annual advance rent
payment
e. Lease agreement
f. Purchase orders
g. Improvement expenses
h. Initial business account statements
6. Marginality
a. U.S. corporate tax returns
b. Latest audited financial statement or non-review statement
c. Payroll register
d. W2 and W4 tax forms
e. Business plan (including pro forma financials for the first five
year of
operations)
7. Real and Operating Commercial Enterprise
a. Occupational license, business license or business permits
b. Business transaction records, current/commercial account statements
or
invoices from suppliers
c. Advertising leaflets, business brochures or promotional literature
8. If the applicant is an employee of the U.S. enterprise
(executive/managerial;
and supervisory/essential skills):
a. Letter from Canadian company providing specific information on the
applicant and the reasons for his/her assignment to the U.S. The letter
must explain the employee’s role in the U.S. company (job title and
duties), the applicant’s executive or supervisory responsibilities or,
if not a
supervisor, his/her specialist role, the level of education and
knowledge
required by the employee’s position, his/her employment experience,
progression of promotion or high level training or special
qualifications
and the reasons why a U.S. citizen or legal permanent resident cannot
fill
the position (if the position is not managerial or supervisory)
b. Evidence of E-2 company owner’s nationality and immigration status in
the U.S.
c. Organizational chart showing current staffing pattern at U.S. company
d. Applicant’s complete resume
You can see that there is a lot to do including a business plan (we can
help here) to show that the enterprise will be a success.
Hope this helps - when you need tax help with all this, you know
where to turn.
david ingram
-------------------------
David Ingram wrote:
On January 29, 2008, David
Ingram wrote:
It is very unlikely that blind or unexpected email to me will be
answered. I receive anywhere from 100 to 700 unsolicited emails a day
and usually answer anywhere from 2 to 20 if they are not from existing
clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line
and get answered first. I also refuse to be a slave to email and do
not look at it every day and have never ever looked at it when I am out
of town. e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help
However, I regularly search for the words"PAYING
CUSTOMER" and always answer them first if they did not get spammed out.
For the last two weeks, I have just found out that my own email notes
to myself have been spammed out and as an example, as I wrote this on
Dec 25, 2007 since June 16th, my 'spammed out' box has
47,941 unread messages, my deleted box has 16645 I have actually looked
at and deleted and I have actually answered 1234 email questions for
clients and strangers without sending a bill. I have also put aside
847 messages that I am maybe going to try and answer because they look
interesting. -e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help
Therefore, if an email is not answered in 24 to
48 hours, it is likely lost in space.
You can try and resend it but if important AND YOU TRULY WANT OR NEED
AN ANSWER from 'me', you will have to phone to make an appointment.
Gillian Bryan generally accepts appointment requests for me between
10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los
Angeles) time at (604) 980-0321. david ingram expert
US Canada Canadian American Mexican Income Tax service and help.
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604)
980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week
Vancouver (LA) time - (please do not fax or
phone outside of those hours as this is a home office) expert US Canada Canadian American
Mexican Income Tax service help.
Disclaimer:
This question has been answered without detailed information or
consultation and is to be regarded only as general comment. Nothing
in this message is or should be construed as advice in any particular
circumstances. No contract exists between the reader and the author and
any and all non-contractual duties are expressly denied. All readers
should obtain formal advice from a competent and
appropriately qualified legal practitioner or tax specialist for expert
help, assistance, preparation, or consultation in connection with
personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be
included." e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help.
David Ingram
gives expert income tax & immigration help to non-resident
Americans & Canadians from New York to California to Mexico
family, estate, income trust trusts Cross border, dual citizen - out of
country investments are all handled with competence & authority.
Phone consultations
are $450 for 15 minutes to 50 minutes (professional hour). Please note
that GST is added if product remains in Canada or is to be returned to
Canada or a phone consultation is in Canada. ($472.50 with GST if in
Canada) expert US Canada Canadian American
Mexican
Income Tax service and help.
This is not intended to be definitive
but in general I am quoting $900 to $3,000 for a dual country tax
return.
$900 would be one T4 slip one W2 slip
one or two interest slips and you lived in one country only (but were
filing both countries) - no self employment or rentals or capital gains
- you did not move into or out of the country in this year.
$1,200 would be the same with one
rental
$1,300 would be the same with one
business no rental
$1,300 would be the minimum with a
move in or out of the country. These are complicated because of the
back and forth foreign tax credits. - The IRS says a foreign tax credit
takes 1 hour and 53 minutes.
$1,600 would be the minimum with a
rental or two in the country you do not live in or a rental and a
business and foreign tax credits no move in or out
$1,700 would be for two people with income from two countries
$3,000 would be all of the above and
you moved in and out of the country.
This is just a guideline for US /
Canadian returns
We will still prepare Canadian only
(lives in Canada, no US connection period) with two or three slips and
no capital gains, etc. for $200.00 up.
With a Rental for $400, two or three
rentals for $550 to $700 (i.e. $150 per rental) First year Rental -
plus $250.
A Business for $400 - Rental and
business likely $550 to $700
And an American only (lives in the US
with no Canadian income or filing period) with about the same things in
the same range with a little bit more if there is a state return.
Moving in or out of the country or
part year earnings in the US will ALWAYS be $900 and up.
TDF 90-22.1 forms are $50 for the
first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to
$100.00 each.
18 RRSPs would be $900.00 - (maybe
amalgamate a couple)
Capital gains *sales) are likely
$50.00 for the first and $20.00 each after that.
Catch - up returns for the US where we use the
Canadian return as a guide for seven years at a time will be from $150
to
$600.00 per year depending upon numbers of bank accounts, RRSP's,
existence of rental houses, self employment, etc. Note that these
returns tend to be informational rather than taxable. In fact, if
there are children involved, we usually get refunds of $1,000 per child
per year for 3 years. We have done several catch-ups where the client
has received as much as $6,000 back for an $1,800 bill and one recently
with 6 children is resulting in over $12,000 refund.
This is a
guideline not etched in stone. If you do
your own TDF-90 forms, it is to your advantage. However, if we put them
in the first year, the computer carries them forward beautifully.
This from "ask an income trusts tax service and
immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax
returns with multi jurisdictional cross and trans border expatriate
problems for the United States, Canada, Mexico, Great Britain, United
Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan,
China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia,
Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida,
Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan,
Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St
Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states
with state tax returns, etc. Rockwall, Dallas, San Antonio Houston,
Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and
Immigration Tips, Income Tax Immigration Wizard Antarctica
Rwanda Guru Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6
Non-Resident Real Estate tax specialist expert preparer expatriate anti
money laundering money seasoning FINTRAC E677 E667 105 106
TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba
Zimbabwe South Africa Namibia help USA US Income Tax Convention. Advice
on bankruptcy e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help .
David Ingram expert income tax service and immigration help and
preparation of US Canada Mexico
non-resident and cross border returns with rental dividend wages
self-employed and royalty foreign tax credits family estate trust trusts
income tax convention treaty advice on bankruptcy
New York, Boston, Sacramento,
Minneapolis, Salem, Wheeling, Philadelphia, Pittsburgh, Atlanta,
Pensacola, Miami, St Petersburg, Naples, Fort Myers, Cape Coral,
Orlando, Atlanta, Arlington, Washington, Hudson, Green Bay, Minot,
Portland, Seattle, St John, St John's, Fredericton, Quebec, Moncton,
Truro, Atlanta, Charleston, San Francisco, Los Angeles, San Diego,
Sacramento, Taos, Grand Canyon, Reno, Las Vegas, Phoenix, Sun City,
Tulsa, Monteray, Carmel, Morgantown, Bemidji, Sandpointe, Pocatello,
Bellingham, Custer, Grand Forks, Lead, Rapid City, Mitchell, Kansas
City, Lawrence, Houston, Albany, Framingham, Cambridge, London, Paris,
Prince George, Prince Rupert, Whitehorse, Anchorage, Fairbanks,
Frankfurt, The Hague, Lisbon, Madrid, Atlanta, Myrtle Beach, Key West,
Cape Coral, Fort Meyers, Berlin, Hamburg, Warsaw, Auckland,
Wellington, Honolulu, Maui, Kuwait, Molokai, Beijing, Shanghai, Tokyo,
Manilla, Kent, Winnipeg, Saskatoon, Regina, Red Deer, Olds, Medicine
Hat, Lethbridge, Moose Jaw, Brandon, Portage La Prairie, Davidson,
Craik, Edmonton, Calgary, Victoria, Vancouver, Burnaby, Surrey,
Edinburgh, Dublin, Belfast, Glasgow, Copenhagen, Oslo, Munich, Sydney,
Nanaimo, Brisbane, Melbourne, Darwin, Perth, Athens, Rome, Berne,
Zurich, Kyoto, Nanking, Rio De Janeiro, Brasilia, Colombo, Buenos
Aries, Squamish, Churchill, Lima, Santiago, Abbotsford, Cologne,
Yorkshire, Hope, Penticton, Kelowna, Vernon, Fort MacLeod, Deer Lodge,
Springfield, St Louis, Centralia, Bradford, Stratford on Avon, Niagara
Falls, Atlin, Fort Nelson, Fort St James, Red Deer, Drumheller,
Fortune, Red Bank, Marystown, Cape Spears, Truro, Charlottetown,
Summerside, Niagara Falls, income trust, Income Tax Treaty Convention. - e bankruptcy
expert US Canada Canadian American Mexican Income Tax service and
help.
david
ingram
International non-resident cross border expert income tax Service &
immigration help estate family trust assistance expert preparation
& immigration consultant, income trusts experts on rentals mutual
funds RRSP RESP IRA 401(K) & divorce preparer preparers
consultants Income Tax Convention Treaty. advice
on bankruptcy expert US Canada Canadian American Mexican Income Tax
help.
Be ALERT, the world needs more "lerts". bankruptcy expert US Canada
Canadian American Mexican Income Tax service help. -
expert us Canada Canadian Mexico income tax
service and help help
.
| |
|
