美国投资移民 加盟开店办理EB5：恐怕不行！
- 主题发起人 美国EB5专家
- 发布时间 2012-12-21
回复: 加盟开店办理EB5：恐怕不行！
我也出道题，
一个印度人投资100万在美国开了间呼叫中心业务公司，请了10个美国全职业务员，包底工资跟美国平均工资一样，8小时全职，专门把美国本土呼叫中心业务拉到印度，请问移民局批不批投资人的i526和i829?
我也出道题，
一个印度人投资100万在美国开了间呼叫中心业务公司，请了10个美国全职业务员，包底工资跟美国平均工资一样，8小时全职，专门把美国本土呼叫中心业务拉到印度，请问移民局批不批投资人的i526和i829?
回复: 加盟开店办理EB5：恐怕不行！
啧啧，还会自问自答了。
什么是“完全企业”啊？法律意义上的独立法人地位，正常经营的合法业务，符合要求的员工数量，算不算是“完全企业”啊？
啧啧，还会自问自答了。
什么是“完全企业”啊？法律意义上的独立法人地位，正常经营的合法业务，符合要求的员工数量，算不算是“完全企业”啊？
回复: 加盟开店办理EB5：恐怕不行！
哈哈，你以为是卖白菜，可以随便去菜农手里收购？你说的独立经营就是国内的二级代理商，和加盟商价格区别很大！这个不需要调研，来纽瓦克带你去仓库看看你就明白了。还有一句话：全信书不入无书呀！！
哈哈，你以为是卖白菜，可以随便去菜农手里收购？你说的独立经营就是国内的二级代理商，和加盟商价格区别很大！这个不需要调研，来纽瓦克带你去仓库看看你就明白了。还有一句话：全信书不入无书呀！！
回复: 加盟开店办理EB5：恐怕不行！
有关加盟某品牌的新企业能否办理EB-5是有法律实践的，是移民局认可的。
加盟某个品牌按照它的操作规范不意味着投资人没有参与经营管理，也不意味着没有经营风险。
只要这个企业有法律意义上的独立法人地位，正常经营的合法业务，符合要求的员工数量，就行。
本来是个报告文学，楞要把它改编成剧本，非要高于生活，也行。但真的会很累。
有关加盟某品牌的新企业能否办理EB-5是有法律实践的，是移民局认可的。
加盟某个品牌按照它的操作规范不意味着投资人没有参与经营管理，也不意味着没有经营风险。
只要这个企业有法律意义上的独立法人地位，正常经营的合法业务，符合要求的员工数量，就行。
本来是个报告文学，楞要把它改编成剧本，非要高于生活，也行。但真的会很累。
回复: 加盟开店办理EB5：恐怕不行！
http://www.eb-5center.com/node/1077
[HOT] Steps to take on doing a direct EB-5 case by establishing new franchise store(s)
Let's say you are considering pursuing a direct EB-5 case based on a planned establishment of new franchise stores. It could be a franchise store or a non-franchise store. Chronologically, the below are the steps you should take.
- How many franchise stores do you have to establish to meet the 10 new (excluding you and your family members), full-time positions? If one store will require only 6 full-time positions, then you better plan on setting up at least two (2) stores to meet the job requirement.
- Can you establish the required number of NEW, full-time positions within 3 years from now? In addition to 2 years of conditional permanent resident time period, it will take additional time to file and get I-526 approved, complete the IV consular processing or I-485 adjustment of status and acquire CPR status. Therefore, you have at least 3 years or maybe even 3.5 years to create requisite jobs.
- Will the store(s) be located in a TEA area? You have to find out how the agency in your state interprets the concept of high unemployment area or rural area and get the evidence of TEA from the appropriate state agency.
- Will one store be located in a TEA area and another store be located non-TEA area? If so, you better be prepared to invest at least $1 Million USD in the two stores, and then structure your New Commercial Enterprise (NCE) entity to comply with the USCIS definition of the NCE.
- Will your EB-5 funds meet the lawful source requirement? Make sure the tracing documents are clear and understandable. Start getting the EB-5 funds to be deposited into your personal bank account to be wired into either an escrow account or the bank account of the New Commercial Enterprise (NCE) entity.
- Make sure documents for the New Commercial Enterprise entity show that you have the rights to be involved in either policy-making decisions or day-to-day managerial decisions.
- Start working on a comprehensive business plan that meets the requirements of Matter of Ho precedent AAO case. You may need to work with a qualified Business Plan writer. In particular, focus on showing clearly how and when new job positions will be created and how and when your EB-5 investment will be spent to help create these jobs. Note that the jobs do not have to be created all at once, as long as you create all the jobs by the time you submit your I-829 conditions removal petition, some 2 years after you obtain your conditional green card.
- With your business attorney who is licensed to handle legal matters in your state, work on either purchasing the NCE business, if it's an existing business (make sure it will qualify as a NCE, i.e., set up after November 29, 1990); OR work on establishing the NCE if it is a new business. Start executing corporate documents, purchase agreement, franchise agreement, lease agreement, etc.
- If the NCE is an existing business which still meets the NEW NCE requirement of having been established PRIOR to November 29, 1990, transfer the EB-5 funds to an escrow account with specific conditions applicable to EB-5 case. If the NCE is a new business, form a corporation, LLC or LP in which you own an interest and have either policy-making decisions or day-to-day managerial rights, and then wire the EB-5 funds to the operating bank account of the NCE. Do not transfer the money to a NCE's CD account, and make sure your company accountant treats your investment into the NCE as a Capital Contribution investment and not as a loan to the NCE entity.
- Make sure you prepare I-9 forms for any new employees hired and make sure your company accountant will keep clear records of W-2s until you obtain I-829 approval.
- To meet the "investment at risk" requirement, the EB-5 investor must evidence "actual commitment to invest the required amount of capital", not just "prospective investment arrangements entailing no present commitment". In other words, the EB-5 investor-petitioner must show that he or she is "actively in the process of investing". This is often a hazy requirement, but the EB-5 investor must persuade the USCIS examiner that he or she has taken steps to show a real commitment to invest the required amount of capital.
- Start preparing I-526 petition package. The amount of your EB-5 investment money which should actually have been spent AT THE TIME I-526 PETITION IS FILED will vary depending on your business situation. [In our opinion, it is in meeting this particular requirement that is most disadvantageous for direct, individual EB-5 cases compared to most RC affiliated EB-5 cases.]
http://www.eb-5center.com/node/1077
[HOT] Steps to take on doing a direct EB-5 case by establishing new franchise store(s)
Let's say you are considering pursuing a direct EB-5 case based on a planned establishment of new franchise stores. It could be a franchise store or a non-franchise store. Chronologically, the below are the steps you should take.
- How many franchise stores do you have to establish to meet the 10 new (excluding you and your family members), full-time positions? If one store will require only 6 full-time positions, then you better plan on setting up at least two (2) stores to meet the job requirement.
- Can you establish the required number of NEW, full-time positions within 3 years from now? In addition to 2 years of conditional permanent resident time period, it will take additional time to file and get I-526 approved, complete the IV consular processing or I-485 adjustment of status and acquire CPR status. Therefore, you have at least 3 years or maybe even 3.5 years to create requisite jobs.
- Will the store(s) be located in a TEA area? You have to find out how the agency in your state interprets the concept of high unemployment area or rural area and get the evidence of TEA from the appropriate state agency.
- Will one store be located in a TEA area and another store be located non-TEA area? If so, you better be prepared to invest at least $1 Million USD in the two stores, and then structure your New Commercial Enterprise (NCE) entity to comply with the USCIS definition of the NCE.
- Will your EB-5 funds meet the lawful source requirement? Make sure the tracing documents are clear and understandable. Start getting the EB-5 funds to be deposited into your personal bank account to be wired into either an escrow account or the bank account of the New Commercial Enterprise (NCE) entity.
- Make sure documents for the New Commercial Enterprise entity show that you have the rights to be involved in either policy-making decisions or day-to-day managerial decisions.
- Start working on a comprehensive business plan that meets the requirements of Matter of Ho precedent AAO case. You may need to work with a qualified Business Plan writer. In particular, focus on showing clearly how and when new job positions will be created and how and when your EB-5 investment will be spent to help create these jobs. Note that the jobs do not have to be created all at once, as long as you create all the jobs by the time you submit your I-829 conditions removal petition, some 2 years after you obtain your conditional green card.
- With your business attorney who is licensed to handle legal matters in your state, work on either purchasing the NCE business, if it's an existing business (make sure it will qualify as a NCE, i.e., set up after November 29, 1990); OR work on establishing the NCE if it is a new business. Start executing corporate documents, purchase agreement, franchise agreement, lease agreement, etc.
- If the NCE is an existing business which still meets the NEW NCE requirement of having been established PRIOR to November 29, 1990, transfer the EB-5 funds to an escrow account with specific conditions applicable to EB-5 case. If the NCE is a new business, form a corporation, LLC or LP in which you own an interest and have either policy-making decisions or day-to-day managerial rights, and then wire the EB-5 funds to the operating bank account of the NCE. Do not transfer the money to a NCE's CD account, and make sure your company accountant treats your investment into the NCE as a Capital Contribution investment and not as a loan to the NCE entity.
- Make sure you prepare I-9 forms for any new employees hired and make sure your company accountant will keep clear records of W-2s until you obtain I-829 approval.
- To meet the "investment at risk" requirement, the EB-5 investor must evidence "actual commitment to invest the required amount of capital", not just "prospective investment arrangements entailing no present commitment". In other words, the EB-5 investor-petitioner must show that he or she is "actively in the process of investing". This is often a hazy requirement, but the EB-5 investor must persuade the USCIS examiner that he or she has taken steps to show a real commitment to invest the required amount of capital.
- Start preparing I-526 petition package. The amount of your EB-5 investment money which should actually have been spent AT THE TIME I-526 PETITION IS FILED will vary depending on your business situation. [In our opinion, it is in meeting this particular requirement that is most disadvantageous for direct, individual EB-5 cases compared to most RC affiliated EB-5 cases.]
回复: 加盟开店办理EB5：恐怕不行！
[HOT] Steps to take on doing a direct EB-5 case by establishing new franchise store(s)
Let's say you are considering pursuing a direct EB-5 case based on a planned establishment of new franchise stores. It could be a franchise store or a non-franchise store. Chronologically, the below are the steps you should take.。。。。。
以上是马妹妹引用文章的标题和开始部分，翻译如下：
创建新的加盟经营模式办理直投EB5的流程
如果你考虑以创建新的加盟经营商店方式办理EB5申请，无论其是否为加盟模式（？？？）以下是你需要做的步骤。。。
楼主题注：
1.这个文章是加州南部耳弯市的一个所谓专做EB-5移民法律服务机构的看法（不是移民局文件）。
2.文章中对加盟和连锁等等概念区分不清，对创建企业方面以“寻求你的商务律师协助”言论带过（恐怕不懂而不说）。
3.转发人省略了文章标题和开头部分，不知是疏忽还是其他原因。。。
[HOT] Steps to take on doing a direct EB-5 case by establishing new franchise store(s)
Let's say you are considering pursuing a direct EB-5 case based on a planned establishment of new franchise stores. It could be a franchise store or a non-franchise store. Chronologically, the below are the steps you should take.。。。。。
以上是马妹妹引用文章的标题和开始部分，翻译如下：
创建新的加盟经营模式办理直投EB5的流程
如果你考虑以创建新的加盟经营商店方式办理EB5申请，无论其是否为加盟模式（？？？）以下是你需要做的步骤。。。
楼主题注：
1.这个文章是加州南部耳弯市的一个所谓专做EB-5移民法律服务机构的看法（不是移民局文件）。
2.文章中对加盟和连锁等等概念区分不清，对创建企业方面以“寻求你的商务律师协助”言论带过（恐怕不懂而不说）。
3.转发人省略了文章标题和开头部分，不知是疏忽还是其他原因。。。
回复: 加盟开店办理EB5：恐怕不行！
有谁知道加盟经营怎么报税？
有谁知道加盟经营怎么报税？
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