Florida One of Top States for Low Tax Burden

According to a recent study by WalletHub, Florida is in the top 10 states for the lowest tax burden on “High Income” and “Middle Income” taxpayers.

It is also the only southeastern state in the top 10 states with a low tax burden, other than Alabama, which ranks lower on the results.

Miami Beach panorama

State “Low Income” Rank
(Tax Burden as a % of Income)
“Middle Income” Rank
(Tax Burden as a % of Income)
“High Income” Rank
(Tax Burden as a % of Income)
Alaska 1
Wyoming 6
Nevada 4
Tennessee 16
South Dakota 28
New Hampshire 8
Florida 17
North Dakota 10
Alabama 25
Delaware 2


In addition to the beach and sun, the tax benefits and low tax burden of living in Florida add to the list of reasons to live and do business in the Florida. If you are thinking about moving to Florida or if you are interested in starting a Florida business, then contact Boyer Law Firm, P.L. today.

If you are a foreign individual who already lives or does business in Florida, or if you are thinking about moving to or starting a business in Florida, then you should contact an attorney to assist you with tax planning for yourself, your business, and your estate.

Tax planning may include restructuring your company, creating estate planning documents such as trusts and power of attorneys, and much more.


Chart provided by: http://wallethub.com/edu/best-states-to-be-rich-poor-from-a-tax-perspective/11257/

U.S. Employment Authorization Will Be Available for H-4 Visa Holders

employment authorizationSelect H-4 visa holders, for spouses of H1-B visa holders and other less common visas, will be able to apply for employment authorization this year.

This action was part of President Obama’s executive action on immigration, and it is the first reform to be implemented that is geared toward high-skilled immigrants, as the H1-B visa is only available to high skilled workers.

USCIS will begin to accept these applications on May 26, 2015, but it is important that the preparation process be completed as soon as possible, as the USCIS office is anticipating that as many as 179,600 people might apply this year.

If you are already an H-4 visa holder and your spouse has a pending Permanent Residency application, you should be eligible for employment authorization, and now is the time to apply. Waiting and processing times are almost guaranteed to drastically increase once the influx of H-4 visa holders begin to submit their applications.

If you are interested in applying for employment authorization or any other type of immigration visa or status, contact Boyer Law Firm, P.L.
today to see how we can assist you.

Avoid the Rent Monster with a Florida Investment Property

Florida Residential or Commercial Investment Property | Rent MonsterA Florida residential or commercial investment property is a great way to make money while living in or using a property instead of feeding the rent monster. The rent monster eats your rent money every month because instead of turning that money into equity on your condo, house, or store, the money simply disappears as if it was eaten by the “rent monster.”

The truth of the matter is that in this real estate market it is not much more expensive to buy a commercial or residential property than it is to rent one. In some cases the cost of a mortgage is actually less than the cost of rent. Additionally, if you invest in a shopping center, strip mall, or apartment complex, then you can also earn supplemental income from the other tenants in the building.

If you are interested in purchasing a Florida residential or commercial investment property to avoid the rent monster, or if you want to purchase one of these properties for another use, then contact Boyer Law Firm’s real estate attorneys today.

It is important to contact Boyer Law Firm, P.L. BEFORE you make an offer on the property, as there may be steps we can take beforehand to expedite the Florida real estate closing process once the offer has been made and accepted.

IRS Tax Professional List & ITINs for International Taxpayers

international taxpayer ITINThe IRS has created a list of attorneys, CPAs, and other tax professionals available in an online directory searchable by country (for international taxpayers), zip code, and last name. In order to be included in the directory, the tax professionals must have a 2015 Preparer Tax Identification Number (PTIN). Attorney and CPA credentials on this list are self-reported to the IRS.

Whether you obtain your tax preparer referral from this list or not, the IRS continues to advise that you ensure your tax preparer has a valid PTIN.

If you are a foreign individual filing taxes, then you will need an Individual Taxpayer Identification Number (ITIN) in order to complete your individual tax return. ITINs may also be required for other tax issues, depending on your specific situation.

Individual Tax Returns are due by April 15, and corporate tax returns are due by March 15. If you are an international taxpayer and need assistance obtaining an ITIN, then contact Boyer Law Firm, P.L. today. There are specific document requirements to obtain and ITIN from the IRS, so if you need an ITIN, it is important to get the process started as soon as possible.

SkyRise Miami, EB5 Visas and Other Investor’s Visas

SkyRise Miami EB5 Investor's VisaSkyrise Miami has obtained approval under the EB-5 investor’s visa program. This program allows foreign nationals to literally buy their way into permanent residence in the United States. By investing in the tower (or other EB5 enterprise) and applying for an EB5 visa, a foreign national can gain Legal Permanent Residence in the United States, which can be a path to U.S. Citizenship.

According to a quote from the CNBC story on SkyRise Miami, investors will most likely not receive a large return on their investment, but they will receive a green card if their EB5 visa is approved. The majority of the investment in SkyRise Miami is expected to come from China, where a return on investment is secondary to Citizenship for most investors.

Foreign investors who want to obtain a green card also have the option of investing into other EB5 approved projects or by creating their own business in the United States.

In order to qualify for an EB5 visa, an investor must invest a minimum of $1 million (or $500,000 in some cases) into a qualified enterprise, and the enterprise must create at least 10 jobs.

If you are not able to invest the $1 million right away, then there are other investor’s visa options available to you, including E2 visas. There is no set investment amount for an E2 visa; the investment must be “substantial,” and it is understood that the more you invest in the business, the greater the chances are for the visa to be approved.

Intending Immigrants: Keep Track of Your US Travel History

US travel historyIf you are interested in coming to the United States as an immigrant, or if you are already in the United States on a visa or permanent resident status, it is very important for you to keep records of your US travel history into and out of the country.

Here at Boyer Law Firm, we assist foreign individuals with many different immigration matters, including adjustments of status based on marriage, temporary visas, investor’s visas, Legal Permanent Residence, and applications for Citizenship through Naturalization.

The majority of these immigration applications and forms require the applicant and/or petitioner to list their US travel history for anywhere from five (5) to ten (10) years.

If you fail to plan, you plan to fail. Whether you are currently in the United States or you are thinking about applying for US immigration in the future, you should keep accurate records of your travel history into and out of the United States.

Terrorists and the U.S. Visa Waiver Program

Baggage claim and Ground Transportation sign concept of travelIn January of 2015, Homeland Security Secretary Jeh Johnson acknowledged that terrorists, European citizens suspected of terrorism, and Europeans who may be linked to terrorism, may use the current visa waiver program, also known as “ESTA,” to enter the United States. He also stated that The Department of Homeland Security is taking steps to address weaknesses in the program, which could include a revision or revocation of the visa waiver program.

Johnson stated that some of the countries in the program have citizens who have left to fight or train with terrorist groups in the Middle East, Asia, or Africa, then return home intent on violence.

Therefore, if you are interested in coming to the United States to visit, you may want to consider applying for a B-visa in preparation for any future to the United States instead of a visa waiver, especially if you are of North African or Arabic decent or if there are other factors in your background that could be considered “red flags” to the immigration officer at the airport or other point of entry.

Merely obtaining a visa waiver does not guarantee that you will be let into the United States upon Customs inspection at the airport or other points of entry. You could be subject to hours in an interrogation room or potentially sent back to where you came.

A B-visa obtained from the U.S. Consulate provides you with greater tranquility because background checks have already been ran by the Consulate, similar to a pre-clearance.

A B-visa allows a person to stay in the United States for six months out of the year each year until the visa expires. A B-visa may be issued for one, five, or ten years at the discretion of the Consular Officer.

If you are interested in visiting the United States for pleasure, work, or to start a business, then contact Boyer Law Firm, P.L. today to discuss your visa options.

Why Should I Apply for U.S. Citizenship?

Apply for U.S. CitizenshipOne of the greatest privileges U.S. citizens have is the right to vote. This right is not extended to anyone but U.S. Citizens, including U.S. Permanent residents.

If you have been a U.S. permanent resident for five years, or if you have been U.S. permanent resident for at least three years and are married to a U.S. citizen, then you are eligible to apply for U.S. citizenship through naturalization.

If you are not currently a U.S. permanent resident, then there are visa options available to you to obtain this status, such as an EB5 investor’s visa, family petitions, and more.

Voting is not the only privilege that is granted to U.S. citizens. Another benefit is that if you travel outside the country for extended periods of time during your status of U.S. permanent resident, then that status could be revoked; this is not the case if you are a U.S. citizen. In addition, U.S. citizens are awarded higher priority when applying for family petitions for their loved ones, such as spouses, parents, or siblings.

Although it is possible to apply for U.S. citizenship on your own, hiring an experienced immigration attorney will make the process easier for your and ease your mind because you are working with an experienced professional.

If you want to apply for U.S. Citizenship through naturalization, then contact Boyer Law Firm, P.L. today. We will be able to assist you from determining whether or not you are eligible for citizenship through naturalization, assist you through your application process, assist you with preparation for the exam, and continue this assistance all the way through your oath ceremony and application to obtain a U.S. passport.

Immigration Business Plan: A Key Component of Investor’s Visas

Graphs and Charts ReportAn immigration business plan is one of the most important aspects of an investor’s visa. It outlines the plan and strategy for the company in a way that is easy for the consulate officer to understand. If your immigration business plan is not properly drafted, then the plan you have for the company may not come across as clearly, which could harm your chances of being approved for an investor’s visa.

There are different types of investor’s visas. The most common are the EB-5 visa, which grants permanent residence to the petitioner and beneficiaries for an investment of at least $1 million and the creation of 10 full time jobs, and an E2 visa, which grants temporary residence for a period of five years, with renewals every 5 years for as long as the business is in existence, in exchange for a “substantial” investment and proof that the investment is not marginal.

The immigration business plan is important for both of these types of visas because it outlines key aspects of your business, such as your investment, your operating costs, your employees, and the general plan for your business in the future.

An immigration business plan is not a replacement for genuine investment, but it is an important tool to outline investments you will make in the future, which may be counted towards the total amount of your investment in some cases.

The business plan is an important part of the application for an investor’s visa, but there are also many other items that must be accounted for, which is why you should hire an experienced immigration attorney to assist you in your investment visa application.

E2 Visa: A Stepping Stone to an EB5 Visa and Citizenship

Stepping stone to an EB5 visaInvesting in a business is one of the most straight-forward ways to immigrate to the United States. Depending on the amount of your investment, you may qualify for an E2 visa, which will grant you temporary residence in the United States for a period of up to five years, with renewals as many times every 5 years as the business is in existence.

One of the great things about an E2 visa is that it can be a stepping stone to an EB5 visa, which grants the investor and beneficiaries permanent residence in the United States. An EB5 visa requires an investment of $1 million, except for certain circumstances. However, if you do not have the means to invest the $1 million immediately, you may be able to apply for an E2 visa and build up your $1 million investment over time.

One of the most important aspects you must consider when deciding whether or not you want to apply for an investor’s visa is the commitment you are making to not only invest the initial capital, but you must also be willing to continue to invest capital in the business, especially if your goal is to use the E2 visa as a stepping stone to an EB5 visa, which could eventually be a path to US Citizenship.

Limited Number of H1B Visas Issued: April is Key

Limited number of H1B visas issuedApplications for 2016 H1B visas will begin to be accepted in April, 2015. There is a limited number of H1B visas issued, which is why it is important to submit your application as soon as possible.

In order to qualify for a H1B visa, you must be sponsored by a company, the job offered must require a bachelor’s degree, its foreign equivalent, or a higher degree, and your degree and/or job experience must match the position for which you are applying.

The window of opportunity to apply for an H1B visa will come and go extremely fast due to the limited number of H1B visas issued, which is why NOW is the time to begin preparing your application so that you can be one of the first ones to apply for the visa.

In 2014, USCIS began accepting applications for H1B visas on April 1 and stopped accepting them less than a week later, on April 7. It is expected that the high demand for H1B visas will continue in this year’s application process, which is why it is of the utmost importance that your visa be not only submitted on time, but also submitted correctly. Due to the high demand for the H1B visa, it is that much more important that your visa be properly prepared, as the competition to obtain this visa is fierce.

If you are an employee who would like to apply for an H1B visa, you must have an employer who has not only offered you a job, but is also willing to sponsor you for the visa. The application process for a H1B visa is the combined effort of the applicant, the employer, and the immigration attorney.

Apply for an E2 Visa in Florida

E2 visa in FloridaIf you are a foreign individual interested in starting a company in Florida, or who has already started a company in Florida, then you should consider applying for an E2 visa in Florida.

An E2 visa allows foreign entrepreneurs who are citizens of a treaty country to be admitted to the US through the creation of a business and investment in that business. A “treaty country” is a country that maintains a treaty of commerce and navigation with the United States. The US Department of State maintains a list of these countries for the purpose of applying for an E2 Treaty Investors’ visa.

The E2 Treaty Investors Visa benefits the individual entrepreneur applying for the visa by allowing them to be present in Florida where their business is located, and it benefits Florida by stimulating the economy through investment in that business and the creation of jobs.

Your spouse and unmarried children under 21 may accompany you to the US as derivatives of your E2 visa.

In order to be granted an E2 visa, you must show that you have invested a substantial amount of money into a bona fide enterprise. You must also show that investment is not marginal, meaning that the company will not only create a source of revenue for you and your family, but will also be able to employ US Citizens, green card holders, and other residents authorized to work in the US.

Here at Boyer Law Firm, we can assist you with the entire process of applying for an E2 visa in Florida, including the creation of your Florida business, investment in both commercial and residential real estate, the application itself, including the creation of a business plan, and more. If you are interested in applying for an E2 visa, then contact our office today.

What Deportation Defenses are Available When Facing Removal from the US?

If you or a loved one is facing deportation from the United States, then it is extremely important to contact a deportation defense attorney as soon as possible.

When facing deportation, you have the option to fight the claim for which you are charged or to request “Relief from Removal.” An immigration and deportation defense attorney will be able to analyze your situation and determine which option is best for your specific situation.

Undocumented aliens are more than likely to be subject to removal (deportation), but they may still have the option to request a relief from removal, depending on their circumstances. Each relief consists of specific requirements that should be discussed with a deportation defense attorney.

Some common “Reliefs from Removal” include:

Deportation Defense-          Citizenship
–          Adjustment of Status
–          Removal of Conditions (Form I-751)
–          Asylum
–          Withholding of Removal
–          Relief under the Convention Against Torture
–          Cancellation of Removal for Permanent Residents
–          Cancellation of Removal for Non-permanent residents
–          Cancellation of Removal through VAWA (Violence Against Women Act) – Applies to men as well
–          Criminal Waivers
–          Non-criminal Waivers
–          Prosecutorial Discretion
–          Deferred Action
–          Voluntary Departure

For more information about these deportation defenses and to find out how Boyer Law Firm, P.L. can assist you in fighting against deportation, contact us today.

If you delay of fail to hire an attorney, then it could result in detrimental harm for the person facing deportation, including the possibility of being permanently barred from entering the United States.

EB5 Visas and EB5 Regional Centers

EB5 Regional CenterMiami, Florida will be sponsoring monthly conferences regarding the opportunities through the Miami EB5 Regional Center.

An EB5 visa is an Immigrant visa that can be a direct path to obtaining U.S. permanent residence and eventually U.S. Citizenship.

If you are interested in applying for an EB5 visa, you have the option of doing so either through an EB5 regional center or you may apply for an EB5 visa on your own. There are advantages and disadvantages to both options, which is why it is important to discuss this with an experienced U.S. immigration attorney.

An EB5 visa is an investor’s visa. If you decide to apply for the visa on your own (without an EB5 regional center), then you will need to meet the following requirements:

Investment: The required investment for an EB5 visa is $1 million, unless the business is in a “Targeted Employment Area,” in which case the required investment is $500,000. The investment must be in a bona fide enterprise, and you must show proof of the investment.

Creation of Commercial Enterprise: You must establish a business. You must establish a for-profit activity formed for the ongoing conduct of lawful business.

Creation of Jobs:  You must show proof that you have created (or preserved in some cases) at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the U.S. as a Conditional Permanent Resident.

Am I Eligible for an L1 visa?

L1 VisaL1A visas enable companies to transfer professionals in managerial and executive positions from one of its foreign affiliate offices to an office in the U.S. If the company does not yet have an affiliate office established in the U.S., then the L1 visa allows the executive or manager to establish one for the foreign company.

The application for an L1 visa must be completed by the employer, not the employee.

In order to qualify for the L1 visa, both the employer and the employee must meet certain criteria.

The employer must:

–          Have a qualifying relationship with a foreign company

–          Currently be, or will be, doing business as an employer in both the U.S. and a foreign country for the duration of the beneficiary’s (employee’s) stay in the U.S. under L1 visa status

According to USCIS, “Doing business means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization and does not include the mere presence of an agent or office of the qualifying organization in the United States and abroad.”

The employee must:

–          Have been working for the qualifying organization for at least one continuous year within three years immediately preceding his or her admission to the United States (admission to the U.S., not submission of L1 visa application.)

–          Be seeking to enter the U.S. in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

USCIS defines executive capacity and Managerial Capacity as follows:

Executive capacity generally refers to the employee’s ability to make decisions of wide latitude without much oversight.

Managerial capacity generally refers to the ability of the employee to supervise and control the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.  It may also refer to the employee’s ability to manage an essential function of the organization at a high level, without direct supervision of others.  See section 101(a)(44) of the Immigration and Nationality Act, as amended, and 8 CFR 214.2(l)(1)(ii) for complete definitions.

If the employee will be establishing a new branch in the U.S., then the employer must also:

–          Already have sufficient premises to house the new office

–          Have or will have the required qualifying relationship to the foreign employer

–          Have the financial ability to compensate the beneficiary (employee) begin doing business in the U.S. Evidence that is crucial to showing this includes:

o   Size of the investment in the U.S.

o   The organizational structure of both firms

o   The financial size and condition of the foreign employer.

It is important to note that a salary must be paid to the employee, and the financial investment must be demonstrated when opening a new office in the U.S.

If you believe that you have an employee who qualifies for an L1 visa, then contact Boyer Law Firm, P.L. today.

How Syria Could Affect Your U.S. Immigration Visa Application

U.S. immigration visaIf you are interested in applying for a U.S. immigration visa, then NOW is the time to do so. Potential upcoming changes to immigration law could delay the application and decision making process, forcing you to wait longer and potentially have to meet greater requirements to obtain a visa in the future.

The current civil war in Syria and the participation of Europeans may result in a direct cause of this U.S. immigration reform. President Obama warned that Europeans who embrace jihad in Syria and Iraq threaten the United States because “their passports mean they can enter the country,” according to Yahoo! News.

The article stated that nearly 800 French citizens have spent time fighting in Syria’s civil war, Belgium says that 200 of its citizens have participated, and Britain states that 400 of its citizens have participated.

At the current time, citizens of France, Belgium, and Britain can enter the United States without a visa through an ESTA visa waiver program. These statement by President Obama indicate that this visa waiver program may not be available in the future.

Citizens from countries from such as France, Belgium, and Britain have the option of applying for a “B-visa,” or visitors’ visa, to enter the U.S. A person who holds a B-visa may stay visit the United States for up to six (6) months out of the year for the duration of their B-visa.

B-visas may be granted for a period of one year, five years, or ten years at the discretion of the issuing authority, which is usually the U.S. Consulate in the applicant’s home country.

If you are interested in visiting the United States in the next few years, then it is a good idea to preemptively apply for a B-visa before there is an influx of applicants, which will most likely happen if the ESTA visa waiver program is cancelled or faded out.

The result of a rise in visa applications will delay not only the processing of B-visas, but of other U.S. immigration visas as well. If you want to come to the United States to visit, live, or do business, then you should contact a U.S. Immigration Attorney today to discuss your options.

Owning a Restaurant in Florida: Customer Pet Peeves Part 1

Restaurant in FloridaThe restaurant industry is a very competitive business. The littlest thing can make or break your business. One of the most important aspects of owning and running a restaurant in Florida is customer service.

Urban Spoon has compiled the following list of customer pet peeves at a restaurant. If you currently run a restaurant in Florida or are thinking about opening one, then you should take some time to seriously consider these aspects of customer service:

15. Missing/ Having to ask for simple items, such as napkins, a fork or a knife.

14. Weak drinks. This does not, however, mean that you should over-pour. Each drink has a specific volume of liquor in the recipe, and this should be adhered to by both owners and bartenders.

13. Indiscernible menus. Although it may add to the atmosphere to list menu items in the language of the restaurant (such as Italian, Spanish, or French), it is important to at least include an English translation so your customers are better able to choose their meal.

12. Rowdy Patrons. People come out to restaurants to have fun, but when they start to bother other people in the restaurant, then you have a problem. It is important that managers are prepared to handle rowdy customers in a professional manner that resolves the situation.

11. Nosy Neighbors. If your tables are too close together, then people who are having business meetings or a date night may feel that their privacy is being invaded. It is important to have many tables in your restaurant to be able to accommodate customers, but do not overload your dining room with tables.

10. Partial Group Seating. DO NOT EVER DO THIS! Your restaurant should anticipate that you will be “on a wait” at some points in your business, especially on the weekends. Incorporate a waiting area into the design of your restaurant and encourage guests to have a drink at the bar while they wait on their table.

9. Dirty Silverware or glasses. This is not only gross, but it is also a health hazard. One of the common reasons for dirty silverware or glasses is that your dishwasher itself is not clean. Additionally, glasses and silverware should be polished so that there are no visible watermarks.

8. Taking calls at the table. As an owner or manager, there is really not a lot that you can do about this. However, servers should not be rude to guests on the phone and should be aware that they may have to wait or come back to the table to take that individual’s order.

Check back on Tuesday to see the top 7 restaurant customer pet peeves and how you as a restaurant owner or manager can address them.

If you are interested in opening a restaurant in Florida or currently run a restaurant in Florida and need a business attorney, then contact Boyer Law Firm today!

Am I Eligible for an E2 Investors Visa?

E2 Investor's VisaAn E2 Investor’s Visa is also referred to as a Treaty Investors Visa because the visa is the result of a treaty between the applicant’s home country and the United States.

The purpose of the E2 Investors Visa is to promote economic and business growth in the United States. Therefore, if you are applying for an E2 Visa, you must prove certain aspects in order to prove that your entry to the United States and your business will promote the growth of the U.S. Economy.

In order to prove that you and your business will benefit the U.S. Economy, you must submit evidence of several requirements, including but not limited to:

  1. Citizen of an E2 Treaty Country: In order to be eligible for an E2 visa, you must be a Citizen of a Country who has an E2 Treaty with the United States. Click here for a list of Treaty Countries.
  2. A Bona Fide Enterprise: In order to prove that your business will promote the U.S. Economy, you must first prove that you have an actual business.
  3. Proof that the investment in the business is substantial: The amount required will vary depending on the type of business you have, but it is generally understood that the more you invest, the better. Deciding to take on creating a business is nothing to take lightly. Although Boyer Law Firm has obtained visas for clients in the past with relatively low investments, we have also noticed a trend of stricter requirements and the benefits of a greater investment.
  4. Proof that the investment in the business in non-marginal: According to the United States Citizenship and Immigration Service (USCIS), “a marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income.  In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins.”

If you meet these requirement and are interested in applying for an E2 Investors Visa, then contact Boyer Law Firm’s Immigration Attorneys today.

H1B Visas are no longer available for 2015!

H1B visaThis is just an example of the overload of applications that are being sent to the United States Citizenship and Immigration Service (USCIS).

USCIS received 172,500 H1B petitions from the when it began taking applications on April 1, 2014 until this Monday, April 7, 2014, when they stopped taking applications, according to a press release on their website. That’s right! The ability to even apply for a H1-B visa disappeared in less than a week.

The H1-B visa is for specialized workers in areas such as science, engineering, and computer programming. USCIS will not begin to accept applications for Fiscal Year 2016 until next year, April 1, 2015.

The USCIS said it will be conducting a computer-generated lottery to determine which petitions it will select for processing

If you were thinking about applying for a H1B visa, then you may want to consider other visa options.

These visa options may include investment visas (if you are willing to start and invest in a business), family petitions (if you have an immediate relative who is a Legal Permanent Resident or U.S. Citizen), and more. Please not that purchasing a piece of property in the United States does not in and of itself qualify a foreign individual for an immigration visa.

As previously stated, USCIS is currently experiencing an overwhelming number of applications for multiple different kinds of visas. As a result, it has been our experience that the requirements for each visa are much stricter than they used to be and the visa application process takes longer than it used to.

If you think that you may qualify for a visa or if you would like to schedule an appointment to discuss your immigration options, then contact Boyer Law Firm’s immigration and international law attorneys today.

USCIS Revises N-400 Application for U.S. Citizenship

U.S. Citizenship AttorneyU.S. Citizenship and Immigration Services (USCIS) has revised Form N-400, Application for Naturalization, also known as the application to become a naturalized U.S. Citizen.

According to USCIS, “Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).”

In order to qualify for U.S. Citizenship, candidates must meet the following criteria:

1. Be a Legal Permanent Resident of the United States for five (5) years
2. Have been a Legal Permanent Resident of the United States for at least three (3) years. Additionally, you must have been married to and living with the same spouse, who is a U.S. Citizen, and your spouse has been a U.S. Citizen for the last 3 years at the time of filing your Form N-400
3. Other specific reasons, which must be discussed with a U.S. Immigration Attorney

One of the reasons USCIS revised this form is to “present customers with clearer instructions.” This is a clear indicator that USCIS runs across errors on multiple applications. If you do not fill out the form correctly and provide the correct supporting documents, then your petition could be delayed or denied.

Hiring a U.S. immigration attorney to assist you with this application, or other visa applications, will ensure that these documents are completed fully and accurately. If you are interested in applying for U.S. Citizenship or other immigration visas, then contact Boyer Law Firm, P.L. today!

Can I get an Investor’s Visa if I Buy a House in Florida?

Can I get an Investor’s Visa if I Buy a House in Florida?Many people, especially Canadian residents, are under the impression that if they simply buy a house in Florida, they will qualify for a U.S. Investor’s visa, but this is generally not the case.

Although purchasing a house can be considered an investment in the common use of the word, U.S. Investor’s visas require the funds to be invested in a “bona-fide enterprise.” This investment should contribute to the American economy, meaning the enterprise must be an ongoing business.

One way to satisfy the investment requirements of an Investor’s visa could be by purchasing an apartment complex or office complex and renting out the units. If you choose to proceed in this direction, you will be required to form a company, invest in that company, and rent the units through that company. However, the business cannot be “marginal”, meaning it must provide more than just enough income on which the investor’s family can live. The business must also create jobs, which is often the most challenging aspect.

If you do not want to start a business in Florida, but you do want to purchase a house, then you do have other visa options.

If you would like to buy a house in Florida or a commercial property in Florida, believe that you qualify for an Investor’s visa, or need to discuss your visa options with an experienced immigration attorney, contact Boyer Law Firm, P.L. today.

No E2 Visas for Brazilians but You Do Have Options

According to the United States Citizenship and Immigration Service (USCIS), Treaty Investor (E-2) visas, also called ”E2 Investor’s visas,” are for citizens of countries with which the United States maintains treaties of commerce and navigation.

It is very surprising for many of our potential clients to learn that Brazil does not have a treaty with the United States for E2 visas. Due to the lack of this treaty, the United States will not grant E2 visas for Brazilians.

No E2 Visas for Brazilians but You Do Have OptionsHowever, there is hope!

If you are determined to enter the United States through creating and investing in a business, than an EB5 Investor’s visa allows you to literally buy your way into permanent residence in the United States, and eventually apply for U.S. Citizenship. (Please Note: Legal Permanent Residence is NOT the same as U.S. Citizenship).

Alternatively, you may apply for a B visa (temporary visa) for work or pleasure that will allow you to visit the United States for 6 months out of the year. This visa is often valid for 10 years.

If you have family in the United States or a significant other who you plan on marrying, then your family member may be able to petition for your admission to the U.S. There are different options for family petitions.

No matter what type of visa you are considering, it is important to consult with a U.S. Immigration Attorney to discuss your best course of action.

For a list of participating E-2 Visa Treaty countries, click here.

How Much Money Do I Need for an E2 Visa Investment?

E2 Visa InvestmentAn E-2 investor’s visa allows a national of a treaty country to be admitted to the United States by creating a bona fide enterprise, investing a substantial amount of capital in that enterprise, and create jobs for legal workers in the United States through the enterprise.

In order to qualify for an E2 visa, you must be the owner of at least 50% of a bona fide business. According to the United States Customs and Immigration Service (USCIS), “a bona fide enterprise refers to a real, active and operating commercial or entrepreneurial undertaking which produces services or goods for profit.  It must meet applicable legal requirements for doing business within its jurisdiction.”

The business owner must invest a substantial amount of capital into that bona fide enterprise. Although there is no exact dollar amount for a “substantial investment,” the E2 visa investment must be able to establish the enterprise, ensure the investor’s commitment to the enterprise, and be sufficient to fund the enterprises operations and allow the enterprise to grow and become profitable.

A major part in the E2 visa investment and application process is the business plan. The business plan should show the Consulate that your business will be able to support itself, that you will be able to derive an income from the business, and that you will be able to hire people.

It is very important that your business be profitable and sustainable, as your E2 visa will be reviewed for renewal 5 years after it is issued. If your business is not profitable, then your visa will not be renewed.

If you think that you qualify for an E2 visa, contact Boyer Law Firm’s immigration attorneys today.

Jacksonville Hotel Market Improving

Jacksonville HotelThe Embassy Suites Hotel on Baymeadows Road in Jacksonville, Florida, located right by our Jacksonville office, sold to a group of hotel investors from San Diego for $8.8 million, or $41,900 per room, on October 10.

The Jacksonville hotel market has been steadily improving, and this trend is expected to continue; Revenue per room is up 9 percent from the beginning of the year. This buy is expected to be profitable for the buyers for the following reasons:

–          The Baymeadows/Southside area of Jacksonville is home to about 45% of all office space within the Jacksonville market.

–          Jacksonville is consistently rated one of the “Hottest Cities in America” for business expansions and relocations according to Expansion Management Magazine

–          Jacksonville has been in the “Top 10” of that magazine for eight straight years and is the only city to claim the number one spot three times.

Because of the large investment and number of staff required to run a hotel, many foreign investors who purchase a hotel will also qualify for an EB5 visa. If you are interested in purchasing a Jacksonville hotel or starting another type of business, contact Boyer Law Firm’s business, immigration, and commercial real estate attorneys today.

Obtain a B Visa to Help You Apply for Your E2 Visa

Obtain a B Visa | E2 VisaPart of obtaining an E2 Investors Visa is creating an existing business that will thrive. Creating a business can be hard to do while you are overseas, so it is a good idea to obtain a temporary B visa while you are setting up the company. If you obtain a B visa, that will benefit you because you will be able to visit office locations to rent, find staff to hire, speak to suppliers and distributors, and more.

When applying for an E2 visa, it is important to visit office locations in order to find the best fit because that will be the heart of your business. For E2 visas processed in Paris, the Consulate asks that the petitioner to provide them will a signed lease agreement as part of the application. Additionally, you may find a business that you would like to buy instead of starting a business from scratch.

Another reason it is a good idea to obtain a B-visa is to find good employees. One of the requirements of the E2 visa is that the business creates jobs. Finally, a B visa will allow you to meet and develop relationships with local suppliers, distributors, and vendors in order to setup a supply system for your business.

If you are interested in obtaining an E2 visa (Investor’s visa) or B visa (Temporary visa), then contact Boyer Law Firm’s Immigration Attorneys today.

Florida Quick Service Restaurants

Florida Quick Service RestaurantThere has been a major increase in the popularity of Fast Casual restaurants, also known as Quick Service restaurants, in Florida. This segment led the restaurant industry growth in the second financial quarter of 2013, with overall traffic increasing by 8 percent.

The only other segment of the restaurant industry that sustained growth was the fine dining segment, with an overall traffic increase of 6 percent.

A quick service restaurant (QSR) is a type of restaurant characterized by its fast food cuisine and minimal table service. QSRs can be fast food restaurants, cafes, walk-up counters, and more.

Whether you are a U.S. resident who has always wanted to open a restaurant or a foreign investor who is interested in starting a business for a visa, a quick service restaurant can be an excellent investment.

Boyer Law Firm, PL, can help you with the start-up of a quick service restaurant, including incorporation services and business planning, or we can assist you in purchasing an existing QSR, so contact us today.

Source: South Florida Business Journal

Investment Visas: E2 Visas

E2 VisaIf you want to come live and work in the US, a great way to do so is through an investors’ visa, such as an E2 visa. In order to qualify for an E2 visa, the country you are a citizen of must have a treaty with the US.

An E2 visa requires the applicant to invest a substantial amount of money in a new business or purchasing a current business and invest in its improvement or restoration. Simply investing in real estate or other passive investments will not qualify you for an E2 visa; the investment must be made into a business.

In addition to your initial investment, you must demonstrate that the business is a real, active and operating enterprise that will be able to be maintained and generate a profit of more than a marginal degree.

There is no definition for the terms “substantial amount” or “marginal degree;” those amounts vary depending on the type of business in which you want to invest. Here at Boyer Law Firm, we have assisted clients in obtaining an E2 visa for restaurants, gas stations, wholesale distribution, hotels, software companies, and more.

If you think you may qualify for an E2 visa or other investment visa, contact Boyer Law Firm today.

Miami to Become EB5 Regional Center

Miami to Become EB5 Regional CenterMiami plans to submit its application to become a designated EB5 regional center in July. If approved, the city would be considered an area designated for foreign investors in specific industry sectors in an effort to promote foreign investment.

The EB5 visa, a pilot program that was started 1992, allows you to literally buy your way into a US green card by investing $1,000,000.00 into a new business enterprise. The business must also create or maintain 10 full-time jobs. The investment does not have to be in an EB5 regional center.

Miami originally planned to submit its application in December 2012, but it had several hold ups including the $700 million Panorama Tower project and expanding the city are to include all of Miami-Dade County. Once approved, Miami would be the owner and manager of the City of Miami Regional Center.

For more information about the EB5 visa and other investment visas, contact Boyer Law Firm’s immigration attorneys today.

Source: South Florida Business Journal

E2 Visa Success

E2 visa successBoyer Law Firm has successfully obtained over ten E2 visas for over three different families in the last few weeks. Our experienced immigration attorneys know what is required in order to obtain this and other US visas.

We have also recently succeeded in obtaining Fiancé petitions, temporary “B” visas, and Citizenship for our clients.

An E2 visa allows for foreign nationals to obtain a US visa if they invest a substantial amount of capital in a new enterprise in the United States. Although we cannot guarantee that your will get an E2 visa, we can offer your our expertise, which will reduce errors that could cause your visa application to be delayed or denied.

Our immigration attorneys can not only help you through every step of the visa process, but can also help you run and maintain your business after you obtain a visa through our registered agent services, business planning sessions, and more.

How can I get Permanent Residence in the US?

Permanent Residence in the US | Florida Immigration Attorney Jacksonville, Orlando, MiamiAlthough there are many changes being debated about immigration reform, there are currently only a few ways to get a visa that could lead to permanent residence in the US: investing in a business, having a family member who is a U.S. citizen petition for you, or obtain a work visa, such as an L1.

An L1 visa is an for executives and managers who have been transferred from the office of a company located in a different country to an existing office of that same company in the United States. If you receive an L1 visa, you will be offered an initial stay of either one or three years. After that period, you will get a reassessment done on your visa status and potentially be offered permanent residence.

If you choose the investment path, an EB5 visa is the quickest path to a green card. An EB5 investment visa requires an investment of $1,000,000 into a new commercial enterprise, or $500,000 if the area you are investing in has a high unemployment rate or is in a rural area. The business must also create or maintain 10 full-time jobs. After two years, a reassessment will be done, and, if your business is doing well, you may be offered permanent residence. An EB5 visa allows you to literally “buy your way” into the United States.

The third option is a family petition. If you have an immediate relative who is a US citizen or permanent resident, they can petition for you to become a permanent resident.

At this time, owning, buying, or investing in real estate is not a path to permanent residence.

For more information on permanent residence in the US, citizenship, or US Visas, contact Boyer Law Firm’s immigration attorneys today.

*Image courtesy of Stockfreeimages.com

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