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Josh Brown: Franchising Insight for the Entrepreneurial Immigrant (Ep. 27)

October 14, 2014 by Mark Deal Leave a Comment

In this episode we talk to Franchise attorney Josh Brown about the entrepreneurial aspects of franchising, particularly for immigrants.

 Listen to this show using the web player below or your podcasting app of choice.

 

 


Josh BrownJosh Brown is a practicing franchise attorney who has built a legal practice around helping entrepreneurs build businesses that scale and grow.  He loves helping entrepreneurs, business owners, franchisees and franchisors build profitable businesses that reflect the owners vision and provides value to customers.  He speaks, blogs, write articles, and is the creator and host of Franchise Euphoria, a top-rated podcast on iTunes.  He has been recognized as a rising star in the Indiana legal community on two separate occasions, and most recently, a Franchise Legal Eagle by The Franchise Times.

 

In this episode you will hear:

  • Before making a decision to get a franchise, it is best to review if the franchise system or the business model works for you
  • Reasons why a franchisee needs an attorney
  • The average agreement of a franchise is between 5-10 years
  • How the franchise agreement affects the foreign national
  • Best practices for the franchisee
    • Learn about the history of franchise such as the corporate structure
    • Know about geographic locations or how the territory is defined
    • Check what the current franchisees are doing
  • What is the difference between:
    • The independent and dependent consultant who may or may not be connected to a franchise network
    • The franchise broker who helps a buyer/seller find people for that business

Josh Brown's parting thoughts:

  • People who are considering going to the US and looking at purchasing a franchise should take the time to understand the franchise system.
  • Most people rush into something for fear that the opportunity will go away. A good opportunity will still be there even after you have taken the time to look at it.

Josh Brown specializes in:

  • Helping people buy franchises the right way
  • Helping businesses expand and grow through the franchise model
  • Assisting entrepreneurs who are looking to build something that will last and grow with a foundation

Links to resources discussed on today's show:

  • iTunes link to Franchise Euphoria podcast
  • Link to Josh's website 

 

Filed Under: Business, E-2, EB-5, L-1, Podcast

Jason Feldman: E-2, L-1A, and EB-5 Business Immigration Visa Comparisons (Ep. 26)

September 23, 2014 by Mark Deal Leave a Comment

In this episode we talk to immigration attorney Jason Feldman on E-2, L-1A, and EB-5 business immigration visa comparisons

 

 


Jason FeldmanJason Feldman is an immigration attorney at Feldman Feldman & Associates. He concentrates his practice in helping foreign nationals obtain permanent residency and nonimmigrant visas through business investments or employment. Jason is also a World champion Bridge player and has represented the United States in international competitions on numerous occasions. When not playing bridge or practicing immigration law, Jason loves to travel, surf, ski, and spend time with his wife and daughter.

In this episode you will hear:

  • Foreign Nationals are as diverse as any group, so you can't have one path for all
  • E-2 requirement discussion revolving around Marginally (i.e. how many jobs created)
  • L-1A Requirements and distinction between a Manager, Executive and a daily participant in the new US company
  • EB-5 is discussed again on this episode but in contrast to the other types
  • We also discussed multi-visa immigration paths leading to residency or citizenship such as:
    • E-2 to EB-5
    • L-1A to EB-1

Jason's parting thoughts:

  • Best Business Advice: Do what you love and love what you do
  • Personal Success Habit: He takes every case personally 
  • Parting Thoughts: Every situation is different

Jason's specializes in:

  • Derivative and Family based green cards
  • Employment visas for business seeking to hire foreign workers (H-1b, L-1, labor certification)
  • Investor Visas (EB-5 and E-2)
  • Extraordinary Ability Green Cards
  • Deportation Representation
  • I-9 Audits

 

Filed Under: Business, E-2, EB-5, L-1, Podcast

Anson Asbury: Disclosing Offshore Bank Accounts (Ep. 25)

September 16, 2014 by Mark Deal Leave a Comment

In this episode we talk to tax attorney Anson Asbury on the How & Why to Disclose Offshore Bank Accounts


Anson AsburyAnson Asbury, J.D., LL.M., is the founder of Asbury Law Firm, an Atlanta-based tax boutique with offices in New York and Washington, D.C. Asbury Law Firm represents clients in all aspects of federal, state and international tax controversy and tax planning. Anson focuses his practice on tax controversy and litigation. He is a frequent speaker and author on federal tax matters.  Today we’re going to talk about the IRS requirements to disclosure foreign bank accounts and some of the steps people can and maybe should take to make sure they are in compliance.

In this episode you will hear:

  • How long have there been requirements to disclosure foreign bank accounts?
  • Who does this apply to?
  • What are the basic requirements for disclosing offshore bank accounts?
  • What is the risk of non disclosure?
  • Three methods to return to compliance.
    • Streamlined Filing Compliance allows taxpayers to disclose delinquent unreported foreign financial holdings with minimal penalties of 5%. The program limits the lookback period for unfiled reports, avoids additional penalties that would be applied under audit, and preempts any potential criminal prosecution.  The key to the Streamlined Compliance Program is that the taxpayer’s non-disclosure was non-willful. This includes negligence, inadvertence, mistake or a misunderstanding of the applicable rules.
    • Offshore Voluntary Disclosure is still available for taxpayer’s who non-filing may have been willful or intentional. Keeping in mind that the IRS would ultimately have to prove willfulness, taxpayers with large overseas investments may still want to consider this option.
    • Filing delinquent FBARs. This guidance issued by the IRS limits this option to taxpayers who do not owe tax on any income generated from the offshore accounts. So, if the offshore assets did not produce any income or if that offshore income was fully reported on the U.S. returns applicable for the delinquent FBAR reports, then the taxpayer could just file the delinquent FBARs.  This option carries more risk and should not be taken lightly.

If you would like to reach out to Anson Asbury in regards to your tax matters, you can do so through his website at Asburylawfirm.com

Filed Under: Business, E-2, EB-5, L-1, Podcast

Ismael Fernandez: America has hit the EB-5 cap for the first time (Ep. 23)

September 2, 2014 by Mark Deal Leave a Comment

In this episode we talk to Ismael Fernandez, PhD on the EB-5 cap The United States has hit for the first time and what it will mean to Investment Immigration now and next year.

 

 


Ismael FernandezWhat we predicted in our podcast two months ago, along with many other experts, finally occurred. On August 23rd, the U.S. Department of State announced that the quota for EB-5 visas had been reached for China and therefore they will become unavailable for the rest of FY2014. This has many implications, but first, let’s define what this means. The U.S. government Fiscal Year runs from October 1st to September 30th of the following year, so FY 2014 ends on September 30th of 2014. This “unavailability” period will have a duration of about 5 weeks. The quota has been reached for Chinese nationals, but not for other countries. The quotas for all countries is 7% of the annual cap which is set by Congress at 10,000 EB-5 visas. This number, by the way, includes family members of foreign investors planning to migrate under the same visa. Once this cap of 700 EB-5 visas has been reached, unclaimed visas can still be used by applicants from the same country as long as the maximum allotment of 10,000 is not reached. Chinese investors have been applying for EB-5 visas above this limit for years, but it is not until now that it has a repercussion to them as the total number of EB-5 petitions worldwide was always below the maximum cap of 10,000. So, in essence, this is the first time that EB-5 petitions have reached 10,000 in a given Fiscal Year.

In this episode you will hear:

  • Why did we reach the cap
  • What counts as an ‘EB-5' visa
  • What is the impact in 2014
  • How is this different from 2013
  • What this will mean for 2015 (and subsequent years)
  • We announce our new EB-5 Project Revolution Package for Domestic Developers

Filed Under: Business, EB-5, Podcast

Michael Gibson: Helping Immigration Attorneys And Their Clients Pick The Best EB-5 Investment (Ep. 21)

August 19, 2014 by Mark Deal 2 Comments

In this episode we talk to Michael Gibson on how he helps immigration attorneys and their clients sort out and pick the best EB-5 investment

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Michael GibsonMichael Gibson has been the Managing Director of USAdvisors for almost 9 years. His firm provides due diligence, research and risk analysis on EB-5 visa projects for investors as well as assist developers raise funds through the EB-5 visa program. He has a degree in Economics and his previous work experience was with Citicorp where he worked in the Capital Markets and Investment Banking divisions as a, securities, foreign exchange, derivatives, money market, credit & debt analyst and portfolio risk manager.

 

Michael answers this listener submitted question:  “(what) advice for us as lawyers in helping clients choose among the many EB-5 Regional Centers out there.”

In this episode you will hear:

  • What an investor’s counsel can and cannot do.
  • The SEC’s take on giving advice on the Purchase of a security.
  • How an EB-5 Immigration success could still be an investment failure.
  • Which is better: Indirect or direct job creation.
  • Guidelines on how lawyers and investors can review projects themselves.

Filed Under: Business, EB-5, Podcast

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