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International Law Update, August 2011 Top  

EB-5 Investor Visas: Capital Gains for U.S. Economy   

 

This employment-based visa preference category is a path to permanent residency for immigrants.  


By: Stella M. Tsai and Allen C. Tucci

 

Congress launched the EB-5 Investor Visa Program in 1990 to raise foreign capital and boost the economy by adding, in theory, 40,000 full-time jobs. This employment -based visa preference  category is a path to permanent residency for immigrants. The typical EB-5 visa applicant invests a minimum of $500,000  in a commercial enterprise located in high unemployment areas.  This investment must create at least ten full- time jobs over a two-year period  of conditional permanent residency.

 

For some small to mid-sized businesses in the United States, this EB-5 program represents a tidy source of capital to be supplied by the new legions of millionaires in the People's Republic of China with substantial liquidity in pursuit of a path to permanent residency in the United States and a tangible investment opportunity.

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Immigration Enforcement:  Government Increases Efforts to Curb Illegal Employment
of Immigrants
Proper screening and hiring procedures, as well as document retention, are key to compliance.

By Gregory J. Palakow   

 

Businesses big and small across the United States have experienced a significant increase in immigration-related compliance audits, raids, visits, fines and prosecutions related to immigrants in the workplace. The preliminary statistics for 2011 are indicators that this year, U.S. Immigrations and Customs Enforcement (ICE) will perform more audits, conduct more raids, generate more fines and engage in more prosecutions than ever before.

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Practical Value Added Tax Review

U.S. businesses that intend to conduct business abroad
should consider the VAT implications early on.

By: Allen C. Tucci    

Value Added Tax, commonly referred to as VAT, is a tax on consumption which is levied in many countries, including all countries of the European Union. VAT is the most important and most misunderstood tax for U.S.  business trading abroad.        

 

As a basic principle, VAT is intended to be borne by the final consumer of a product or service. In practice, however, the concept of VAT means that each business in a supply chain reports to the relevant taxing authority for the value that it has added within the supply chain. This is the principle that makes VAT differ from a sales tax. A sales tax is only levied on the final consumer of a product or service. All members of the supply chain are exempt from paying sales tax on the product or services incorporated into its output. A VAT, on the other hand, is charged at every level of production on the incremental value added to the end of product or service by a company. 

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Putting the INSOL Fellowship to the Test

An intensive course given by an international association of insolvency professionals quickly spawns a real-life cross-border bankruptcy case reaching to China.

 

By: Stephen M. Packman           

 

INSOL fellows may hope, but few expect their newly-honed international skills will be put to the test immediately after successfully completing the arduous but rewarding course.  

 

So receiving a call late at night in February 2009 from a Fellowship classmate in Hong Kong just weeks after graduating as a Fellow was an almost immediate dose of international reality. The enquiry concerned whether my firm might be interested in representing liquidators of a now defunct furniture manufacturer. The company, Decoro Ltd. ("Decoro") and its subsidiaries, manufactured sofas and other furniture in two huge factories in Shenzhen, China. 

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 Featured Authors in this Issue:
  stella tsai   tucci, allen

             Stella M. Tsai                Allen C. Tucci  

  S_Packman   greg palakow headshot

  Stephen M. Packman    Gregory J. Palakow  

 

About this Practice Area: 

   International Law   

 

Archer & Greiner's International Law Group handles a wide range of legal matters for companies and individuals with
regard to overseas transactions
and disputes. The group routinely
advises
Fortune 500 corporations,
as well as, start-ups and smaller
companies,
on all aspects of business

and transaction structuring. Specialized services include: international corporate transactional and tax service, cross-border restructuring insolvency, international intellectual property, and immigration.  

 

International Law Attorneys: 

 

Kenneth E. Ahl 

 

Jill M. Bellak  

 

Charles J. Brown, III 

 

Stephen M. Packman  

 

Gregory J. Palakow  

 

Mark J. Sever, Jr.  

 

Stella M. Tsai

 

Allen C. Tucci  

 

For more information visit

www.archerlaw.com 

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