About.

Eliot Norman is a member of the Board of Directors of our FACC. A former Business Immigration Partner at Williams Mullen and Founder of Transatlantic Partners LLC. Mr. Norman has focused his practice on US immigration law and related Foreign Direct Investment (FDI) matters since 1986. 

He has gained national and international recognition for his strategic advice on US investment visas. He served as a national mentor on E-1/E-2 Trade and Investment Visas and represents foreign investors using the EB-5 Program. 
Mr. Norman has also advised French and other foreign multi-nationals on visa, corporate and other legal strategies to start-up and grow their business in the United States. These include Cross-Border M&A Deals and Foreign Direct Investment (FDI) projects.  He speaks French fluently, studied at Sciences Po in Paris, and received his degrees from Yale College and Boston College Law School.
​
Mr. Norman resides in Richmond, Virginia and in recent years has traveled frequently to France where he has lectured on legal topics of interest to high net-worth individuals and European companies doing business in the United States.

Our U.S. Investment Immigration Law Practice ​

I accept cases from European and other foreign investors seeking EB-5 Immigrant Visas and Green Cards (legal permanent residence)  or other U.S. investment visas. 

EB-5 Program. Under the EB-5 Program the investor would typically invest $900,000 in a Regional Center-sponsored Limited Liability Partnership (LLP). The LLP would loan the funds invested to a qualifying real estate or industrial project. That project in turn must create at least ten (10) direct or indirect jobs per investor in a high unemployment or rural area of the United States (Target Employment Area or TEA). The investor’s Immediate family members—that is, his spouse and children under 21, may also be eligible for EB-5 Green Cards based upon the Investor’s purchase of a Limited Partnership Interest in the LLP. There are variations of this model to consider and some projects may require a higher investment amount. 

The entire process can take a number of years to complete, due to visa quotas and government processing times.  While waiting for issuance of the Green Cards, the investor and/or his family members may be able to temporarily visit, work and reside in the United States. Upon successful completion of the process, the investor can expect to have the principal amount of $900,000 that he put at risk repaid by the Regional Center-sponsored LLP.   It is common that the interest earned on the investment is at a relatively low rate of 1% to 2%. Green Cards issued to each family member can lead to naturalization as U.S. citizens five (5) years later. 

Some foreign investors may decide to use other immigration investment programs to work and reside on a temporary or permanent basis in the United States. I also accept cases involving:

• Direct investment EB-5 enterprises in which the investor directs and develops a U.S business that will create at least ten (10) full-time positions. This is a process that can lead to issuance of Green Cards to the investor and his immediate family members. 

 

• Use of the E-2 or E-1 Visas. These are available to nationals of many long-standing trading partners with the United States, such as France, UK, Canada, Australia and Japan, to name just a few of the 40+ countries whose nationals are eligible for these visas.  These countries have entered into Treaties dealing with trade or investment with the United States. The E-1/E-2 applicants must show substantial investment in a U.S Enterprise or that the U.S. Enterprise imports at least 50% of its products or services from the applicant’s foreign country.   These E-1/E-2 Treaty Trader/Investment Visas can be valid for 2-5 years and can be renewed indefinitely. However, they do not grant the holder or immediate family members legal permanent residence. Most European nationals and some Latin American and some Asian nationals are eligible for E-1 Trader   or E-2 Investor visas. There are notable exceptions. China, India, Vietnam, Russia, Brazil and South Africa are among the countries whose nationals cannot use E-2 or E-1 visas. 

 

• L-1 and EB-1 Multinational Intra-corporate Transfer Visas. Qualifying foreign businesses that are an affiliate, subsidiary   parent corporation or joint venture partner of a U.S. entity may qualify to transfer key managers or executives. Often the foreign business will need to make an investment in the U.S. business to qualify its key employees. Rules   are complicated. Managers and Executives can qualify for both temporary transfers (the L-1A visa) and EB-1 Green Cards. 

U.S. Tax Consequences.   Regardless of choice of visa, all foreign direct investments in the United States can have important tax consequences under various tax treaties and the broader application of foreign and U.S tax laws and regulations. The number of days that an investor resides in the United States or her type of visa status can determine whether the investor is a “resident alien” for U.S tax purposes. I would work closely with the investor’s tax advisors in recommending the appropriate choices of investment visas for the client. Or I could recommend U.S. international tax counsel to provide comprehensive and strategic tax planning. 

Conclusion.  This brief overview is just that: a summary. You should not rely upon it in making any decisions related to U.S. investments or choice of visa strategies. An individual consultation is required in all cases.