General Membership Meeting · 2017-01-24 · has worked closely with realtors for many years. • Collaborative partnership - Immigration law and realtors work hand in hand to help

General Membership MeetingJanuary 20, 2017

Patrick W ONeill R PB MIRM

• President, Hawaii International Real Estate Council• Owner broker with offices in Hong Kong & Honolulu• Over 30 years of real estate experience

International Buyers in Hawaii

Source: Title Guaranty Hawaii

Education & Networking

Education Global networking

Thank you to 2017 Board Members

Patrick W O’Neill, PresidentKathy Tswei, Immediate Past PresidentCarol Iseri, Vice PresidentSharon Schneider, SecretaryVernon Chock, Treasurer

Cindy Rees-Ouchi, DirectorJudy Sykes, DirectorLisa Van den Heuvel, DirectorAnne Keamo, DirectorSharon Venegas, Director

Judy Sykes, PresidentMami Takeda, Vice PresidentDale Bordner, SecretaryKathy Tswei, Treasurer

Heidi Ho, DirectorAnne Keamo, DirectorJohn Riggins, DirectorLisa van den Heuvel, Event CoordinatorMarti Hazzard, Special EventsSharon Schneider, Member Services

Immigration | Feng Shui

Clarence LauDavid Garfield

Thank you to our sponsors!

Thank you sponsors!

Thank you sponsors!

Bill Pisetsky – Senior VP Sales & Marketing

• Senior Vice President of Sales & Marketing

Broker Gifting Program

• Starting 1/1/2017, Ward Village cooperating brokers will receive a gift for every sale made

•

1/20/2017 13

Sale Amount: Gifted Item:

$0-$999,999 Coffee Bar in Office

Gifting process:Starting on 1/1/2017, cooperating brokers will receive a gift “experience” after every sale made at Ward Village

Tier 1:

Enjoy a full coffee bar set up with our barista in your office for you and your team.

1/20/2017 14

Sale Amount: Gifted Item:$1,000,000 - $1,999,999 Catered Lunch for office

Gifting process (Cont’d)

Tier 2:

A special catered lunch for you and your team at the comfort of your office.

1/20/2017 15

Sale Amount: Gifted Item:$2,000,000 - $4,999,999 Mobile Car Detailing

Receive a full auto-detailing service at your home or office.


Tier 3:

16

Sale Amount: Gifted Item:$5,000,000 + Assistant for the Day + Coffee Bar + Car Detailing

Receive a coffee bar, mobile car detailing and a personal assistant for a day!


Tier 4:

Thank you sponsors!

Leonard Loventhal

• Loan officer & manager Honolulu HomeLoans• 23 years of loan experience• Residential & new development

Maire Rosol, FIABCI-USA President

• FIABCI-USA President• Summit Sotheby’s International Realty

Thank you sponsors!

New luxury homes on the Big Island and Kauai

Oceanfront communities known for their resort amenities

Designed to enhance Hawaii’s indoor/outdoor lifestyle with open floor plans and expansive lanais

WWW.DRHORTON.COM/HAWAII



Thank you Crystal & Wendy!

Mahalos!

David Garfield, Esq.

• Over 30 years of immigration experience• Offices in Washington DC & Honolulu• www.GarfieldLaw.com

IMMIGRATION STRATEGIES FOR

REALTORS:HOW TO USE U.S .

IMMIGRATION LAW TO SELL REAL ESTATE

© C O P Y R I G H T 2 0 1 7 G A R F I E L D L A W G R O U P

DISCLAIMERThis presentation provides general information about immigration laws and regulations. Further, it is only an overview. The time limits for the presentation do not permit us to discuss every requirement

for every type of visa mentioned herein. We highly recommend individuals obtain legal advice regarding his or her particular

circumstances in order to be properly advised. This presentation is not substitute for such personalized legal advice. Additionally,

immigration law and regulation are constantly changing. Therefore, seeking personalized legal advice for your case is a must.


IF YOU ARE MEETING WITH AN INTERNATIONAL BUYER,

THE FIRST STEP IS TO ASK:

What is the purpose of the property?


PURPOSE OF THE PROPERTY• Is the purchase of property indicative of the buyer’s

interest in coming to the U.S.?• Buying a home could be an investment or it could be

part of a larger picture in which someone (and his or her family) want to live in the U.S.

• Purchasing real estate is like setting a stake in the sand.


HOW DOES UNDERSTANDING IMMIGRATION LAW

BENEFIT YOUR BUSINESS?As a realtor, being aware that a buyer might be trying to create a pathway to the U.S. can help you sell real estate because:

• You have a greater understanding of the buyer’s needs.

• You can offer a basic knowledge of immigration options available (without practicing immigration law, of course).

• You have a trusted, honest resource in the Garfield Law Group (“GLG”) that you can direct buyers to for a full consultation, evaluation of which immigration options they may qualify for, and a recommended legal path.

• If the buyer can foresee an immigration pathway, this might help them feel more comfortable signing a purchase contract.


CONTINUED: HOW DOES UNDERSTANDING IMMIGRATION LAW

BENEFIT YOUR BUSINESS?• We understand your needs. We understand how critical it is in the real

estate world to have quick access to expert advice. One of our GLG attorneys has over 10 years experience practicing real estate law and has worked closely with realtors for many years.

• Collaborative partnership - Immigration law and realtors work hand in hand to help a family get to the U.S. and get settled in.

• You can provide an important service that is directly related to the purchase of a home for international buyers.


FACT OR MYTH?

Buying a home in the U.S. provides an international buyer with a legal immigration status in the U.S.


ANSWER:

Myth.

Truth: Purchasing a home does not provide legal status in the U.S.

However, there are different immigration paths for your buyers to explore….


AN OVERVIEW OF THE RECOMMENDED PATHWAYS

Fast Track People Who Want to Move to U.S. Within

a Few Months to a Yearvs.

Long Term PlanningPeople Who Want to Move to U.S. Within

a Few Years


6 FAST TRACK RECOMMENDATIONS FOR:Non-Immigrant Visas: Also known as temporary visas. The visa holder and family must return to home country upon expiration of visa.

1. F-1 - Student at a college or university.

2. E-1 - Business person who intends to carry on substantial trade between the U.S. and his or her home country. Applicant must be an executive or supervisor. The U.S. must have a treaty in place with home country.

3. E-2 - Business person who makes a substantial investment ($$) to either 1) start-up a business in the U.S. or 2) invest is an existing U.S. business. Applicant must own at least 50% or more of that company. Again, U.S. must have a treaty in place with home country.

4. O-1 - An individual that is of extraordinary ability or has risen to the top of his or her field in business, science, education, athletics or the arts.

5. L-1A - Executive or Manager of a company with overseas office(s) that either has an office in the U.S. or desires to open an office in the U.S.

6. L-1B - A foreign company transfers a key employee to an affiliated U.S. office. This employee possess specialized knowledge relating to the organization’s interests (such as a product, service, research, equipment, techniques, management, or an advanced level of knowledge or expertise in the organization’s processes and procedures.)


3 OTHER TEMPORARY VISAS TO BRIEFLY DISCUSS

1. B-1 / B-2 – Visitor visa to the U.S. Generally valid for up to 6 months (depending on reciprocity schedule with the home country). A helpful visa for getting new business set up under E or L visa. Cannot be gainfully employed in the U.S. while traveling on this visa.

2. H-1B – An employment visa for certain types of specialized jobs (i.e. computer programmer, engineer, etc.) Highly competitive. For the majority of employers, there are only 85,000 visas available every

April. This numerical limit is called the “cap.” (65,000 visas available for the standard cap (includes and 20,000 visas available for the master’s cap).

Over 234,000 applications filed at USCIS last year. USCIS conducted lottery to randomly select 85,000 applications and then returned the remaining applications.

There are several types of “cap-exempt” employers that are not subject to the numerical limitation. May apply any time of year. Types of employers include: institutions of higher education or related/affiliated non-profit entities, non-profit research organizations or governmental research organizations.


3 OTHER TEMPORARY VISAS TO BRIEFLY DISCUSS CONTINUED…

3. H-1B1 – for Nationals of Singapore and Chile Out of 65,000 H-1B visas: There are 5,400 visas reserved for nationals of Singapore; and 1,400 visas reserved for nationals of Chile

Streamlined process → Simply submit Labor Condition Application and Offer of Employment to the U.S. Embassy. Do not need to submit the I-129 Form.

Visas are issued for 1 year and can be renewed indefinitely. Warning: dual intent is not permitted. Applicant must show intent to return

to home country. To acquire an immigrant visa (permanent), then it may be necessary to

change from H-1B1 to the standard H-1B visa.


2 FAST TRACK RECOMMENDATIONS FOR:Immigrant Visas: Also known as the “Green Card.” Visa holder and family can live and work permanently in the U.S.

1. EB-1 – 1) An individual of extraordinary ability in business, science, education, athletics or the arts; or 2) a Multinational Executive or Manager.

2. EB-2 – National Interest Waiver – this visa waives the requirement for an employer to provide sponsorship (via a lengthy PERM process) because it would greatly benefit the nation to have this individual employed in the U.S. It is in the nation’s interest.


PREMIUM PROCESSINGPremium Processing Option at Time of Filing Application:For a USCIS filing fee of $1,225.00, USCIS agrees to either provide a decision or a response (such as a Request for Evidence) within 15 calendar days of receiving the application/petition.In regard to this presentation, Premium Processing is available for the following visas:

• E-1• E-2• O-1• L-1A• L-1B• EB-1 (Available for Extraordinary Ability. No Premium Processing for

Executives or Managers.)• EB- 2 (For Professional with Advanced Degrees discussed on next slide.

No Premium Processing for EB-2 - National Interest Waiver.)


1 LONG-TERM PLANNING RECOMMENDATION

Immigrant Visas: Also known as a “Green Card.” Visa holder and family can live and work permanently in the U.S.

o EB-2 with the PERM Process –o Professionals holding an advanced degree or its equivalent. o The EB-2 visa requires the employer to sponsor the visa with a job offer. o Must go through the PERM process which tests the U.S. labor market to

make sure a job is not being taken away from a qualified, U.S. worker who is ready, willing and able to work.

o The EB-2/Perm option can take approximately 20 months to complete.


TAX PLANNINGPlease make sure to refer buyers to a tax professional or attorney for advice.

For U.S. Legal Permanent Residents (or Green Card holders) –The U.S. is the only country that taxes on world-wide income no matter where you live. Taxable Income Includes wages, interest, dividends, income from rental property, royalties, and other types of income within

or outside the US You can claim personal exemptions and exemptions for spouse and dependents

To help reduce the tax burden, IRS provides for: 1) Foreign Tax Credits and 2) U.S. income tax treaties1. Foreign Tax Credits If you paid or accrued foreign taxes to a foreign country or U.S. possession and are subject to U.S. tax on

the same income, you may be able to take either a credit or an itemized deduction for those taxes.2. Income tax treaties U.S. has tax treaties with a number of foreign countries, including: China, Japan, Korea, Indonesia, and

Philippines Terms vary for each country, but generally: U.S. LPRs and citizens are taxed at a reduced rate, or are

exempt from foreign taxes, on certain items of income they receive from sources within the foreign countries.


IF YOU WOULD LIKE TO CONTACT US:

Garfield Law Group325 Queen StreetSuite 715Honolulu, HI 96813Tel: 808-439-8555E-mail: [email protected]

Washington, D.C. office:202-328-0605


David Garfield, Esq.

Q & A

Clarence Lau – Feng Shui Grand Master

• Feng Shui Grand Master• Originally from Hong Kong• Over 20 years of Feng Shui experience

Thank you sponsors!

Lunch & Networking

Documents

General Membership Meeting · 2017-01-24 · has worked closely with realtors for many years. • Collaborative partnership - Immigration law and realtors work hand in hand to help