CHAKRA Header
September 2009  
Greetings!
Welcome to the September 2009 issue of  CHAKRA.  This month we ask if the future is already here, attorney Andrea Jacobs shares the myth, rumor and legend of corporate immigration plus we celebrate the achievements of TEM clients JYSMMETRIC.  We take a look at the influence of the tweens consumer trends, get a great piece of management advice from Jack Welch, we let you into the secret of the next gold rush and, if all that were not enough, we announce the launch of BizNest - a great new management development webinar program in conjunction with the Organization for Entrepreneurial Development....................Well, what are you waiting for? Get reading!
 
P.S. Don't miss the funny, sad but true experience of our friend Dave Culter in If You're Bleeding Press '5'. 
In This Issue
The Future is Here
Highlights & Horrors of Corporate Immigration
JSYMMETRICS Hits The Big Time!
If You're Bleeding, Press '5'
Trend Watching
BizNest Takes Flight
Great Management Quotes
Events & Happenings
A Final Thought - The Next Gold Rush
The Future is Here
by Karl M. Gibbons
 
After the August issue of CHAKRA - with the article by Anita Campbell and her story about Dave Caroll, his guitar and United Airlines - if you were in any doubt about the power and future of social networking media then click on the picture below.
Media Icons 
 
WARNING
- the statistics contained in the video link are mind-blowing to the point of being  hallucinogenic!
 
 
Now, before we all get carried away, we also need to rationalize this new communications phenomenon. A recent survey discovered that a very small fraction of Twitter users actually 'say' anything of real note, the rest just follow like sheep - we all know one of those, a Twitter addict who can't actually quantify what they get out of it!
 
The other extreme is exemplifed by one of our Georgia  based associates who generated over $70,000 in fees last year by using LinkedIn as a tool for his IT Placement client. Real money, not real hype!
 
Innovative and progressive companies are using this tool to find what their clients/customers really need and react accordingly. This is a clear message from Neighborhood America that we got more than a year ago.

Get on board or get left behind - remember, you cannot be in business today using yesterday's methods and expect to be ahead tomorrow.  The future is here now.
Highlights & Horrors of
Corporate Immigration
by Andrea R. Jacobs, Esq.
 
One of the avenues in which to immigrate to the U.S. without a 'sponsor' is by starting or purchasing an existing business in the U.S..  Many people have a misguided notion that by doing this, they will ensure their permanent residence in the U.S..  However, there are several types of visas for the business route.  This article will explore them and their viability for permanent residence in the U.S.
 
First and foremost is the straight E-2 investor visa.  E-2 visas are a good way to temporarily immigrate if the U.S. and the country of origin have a treaty for this purpose. This visa is designed for a foreign national investing in an existing U.S. business or one who would like to start up a U.S. business from scratch.  One of the major criteria for this visa is the substantiality of the investment.  This is easily determined with a business purchase, but more difficult with a start up.  For example, if an investor is purchasing a beauty salon that has a sales price of $150,000 and wants to put $100,000 down and finance the balance over 3 years, this would be a substantial amount invested.  However, if the investor wants to start a new salon and invests $50,000, this may not reach the criteria, and the visa may be denied.  The next major requirement for the visa is that the investment must not be "marginal".  This means that the profit from the corporation must be greater than just providing income for the investor to live.  Typically, a start up salon will not meet this requirement; however, a full service salon that has been in business for a while may. E-2 visas are only temporary and do not lead to permanent immigration unless the business employs 10 U.S. workers and approximately $1,000,000 has been invested.
 
Next, there is the L-1A visa or intracompany transfer visa.  This visa is designed to transfer a manager or an executive from abroad to an affiliated company in the U.S..  In this situation, the corporation abroad can open a new office in the U.S., and it is not subject to the E investment requirements above.  Rather, the company must show that it is well capitalized enough to start the operations and keep them running in the first year.  Further, the individual must not engage in the day to day operations of the business, but be a full manager or executive by the end of the first year.  The mistake that many people make is that they do not follow their original business plan and have no other employees by the end of the first year.  Then, the visa cannot be extended, and they cannot apply for residency.  However, if everything is followed correctly, after one year, the manager can apply for permanent residency and remain here indefinitely.  
 
We have witnessed many horror stories over the past 20 years with these visas.  People are often misguided about the visas.  After investing in an E enterprise, the company may go out of business or do very little business.  Then, when the visa is about to be renewed, the people start to panic.  Rightly so, in this situation, the renewal is denied almost every time!  Additionally, with the L-1 visa, in order to prove that the person is a manager or executive, they must manage other supervisory personnel.  Therefore, by the third quarter of the start up, there should be payroll tax returns filed for these individuals.  However, many times, this is not done.  Again, renewing this visa is next to impossible without being able to prove they manage other personnel.  
 
The best advice that we can give our clients is to have a good, solid business plan as well as a good immigration attorney. 
 
Andrea JacobsAbout the Author: Attorney Jacobs holds her Juris Doctorate from the University of Florida College of Law.  Her practice is limited to Immigration and Bankruptcy.
 
 
 

Andrea R. Jacobs, Esq.
Andrea R. Jacobs, P.A.
2801 University Drive Suite 203
Coral Springs, FL  33065
(954)344-7737
(954)344-9719 fax
www.arjlaw.com
andrea@arjlaw.com
 

Editor's Note:  Andrea Jacobs guided TEM CEO Karl M. Gibbons  through his immigration process from 'idea' to Green Card and all the way through to receiving his U.S. Citizenship on August 2nd, 2008.

JSYMMETRIC - Hits The Big Time!
 
Inc Mag LogoThird Eye Management is delighted to announce that its client JSYMMETRIC was named one of the fastest-growing companies in the United States by Inc. magazine's annual Inc. 500 ranking. The software systems integration company ranked #200 on the list with sales growth of 1008.7 % over the past three years, and #20 among IT Services companies.  JSYMMETRIC's technical and project expertise enables IBM software technology for companies across all industries as well as the federal government.
  
"It is exciting to be part of Inc. 500's 2009 list", states JSYMMETRIC's Managing Partner Chris Delgado. "It is an honor to be recognized for delivering superior customer value with our extensive record of successfully integrating IBM solutions in our clients' multi-vendor software portfolios.  To be ranked this high in the first year that we've qualified for the Inc.  500 list is a real accomplishment for the JSYMMETRIC team.  The JSYMMETRIC team strives to clearly and effectively listen, define and earn the loyalty and business of our customers with superior, trusted services and solutions offerings."
 
"If you want to know which companies are going to change the world, look at the Inc. 500," said Inc. editor Jane Berentson. "These are the most dynamic, fast-growth companies in the nation, the ones finding innovative solutions to problems, creating smart systems, and inventing products we soon discover we can't live without. The Inc. 500 list is Inc. magazine's tribute to American business ingenuity and ambition."

The 2009 Inc. 500 measures revenue growth from 2005 through 2008. To qualify, companies must have been founded and generating revenue by the first week of 2005, and therefore able to show four full calendar years of sales. Additionally, they had to be U.S. based, privately held, for profit, and independent - not subsidiaries or divisions of other companies - as of December 31, 2008. The minimum revenue required for 2005 is $200,000; the minimum for 2008 is $2 million.
 
About JSYMMETRIC:
JSYMMETRIC, http://www.jsymmetric.com, is a privately owned company headquartered in Atlanta, Georgia.  JSYMMETRIC, Inc. was founded in 2005 by technical consultants who enjoy the challenge of solving business problems with technology.   The company's mission is to become a trusted partner with its clients by deploying the best people with the optimal balance of technology and processes to support their programs. JSYMMETRIC leverages years of implementation and integration experience delivering superior value to clients in the areas of content management, document management, data management, security and portal. Headquartered in Atlanta, with offices in Columbus, Ohio; Washington, DC; Denver, CO; and Prague, Czech Republic. JSYMMETRIC valued partnerships include IBM, Kofax, VMware, RSA and Datawatch.

 
About Third Eye Management - Simple - we turn good little businesses in great businesse.  If you need any more proof see above!
If You're Bleeding, Press '5'
by Dave Coulter
 
Phone keypadI had a list of HMO's around the country and I was calling to ask for their medical directors.  One call was memorable because it was so breathtakingly ill-conceived.  The automated message said, "If you are calling for Marketing, press 1.  For Enrollment, press 2.  For Legal, press 3.  For Underwriting, press 4.  If this is a medical emergency, press 5."  I pictured a bleeding HMO member trying to wait patiently on the phone until he was prompted to press '5'.  What has happened to customer service?   
 
Well.......did you enjoy it?  Was it helpful?  Please email and let us know. We are always pleased to hear from you especially if you found something in the CHAKRA that's prompted you or your client to try a new approach or adopt a new idea in your business.  Tell us about your successes - you never know, we may include them in next month's issue!
 
Make it happen!
 
Regards,
 
KMG SignatureAB Signature
 

KMG      Mr Bevan
 
Karl M. Gibbons
& Adrian M. Bevan
Third Eye Management
Trend Watching
According to the Youth Market Alert published by EPM Communications, Inc., even in these tough economic times, tweens wield $43 billion in spending power annually, and influence the spending of billions more on everything from cell phones to vacations to automobiles.  These ultimate multitaskers (a trait they share with their mothers!) do their homework, text message with friends and roam the Internet, all at the same time.
 
Spanning ages 8-14, these 21 million U.S. children are still largely influenced and guided by their parents - but eager for independence and to be recognized as individuals. And with an average $2,047 each to spend, retailers, brand marketers, food manufacturers, entertainment companies and others are in hot pursuit.
Leading retailers like Wal-Mart, Target and JCPenney tap into tweens' favorite entertainment properties to boost sales.
 
Tweens gravitate toward brands they recognize and which they've learned about from friends, older siblings and parents - yet for which they have no brand loyalty.

What's your stake in the lucrative tween market? Are tweens your direct customers? Or are they influencing your clients' purchases? Either way, ignore them at your own peril.

Source: EPM Communications, Inc.
BizNest Takes Flight
Mark your schedule - September 9th - The BizNest series of webinars takes flight!  Commissioned by the Organization for Entrepreneurial Development (OED)  TEM is to present an 11 part webinar series on business development with modules designed to link together or  stand alone.
 

bizNest logo

 
 
1.   Take off by Understanding Finance - become a hawk not a sparrow
 
2.   Take off and Communicate for Profit - is your business singing a great song?
 
3.   Take off with Accounting Towards Profit - make sure your numbers soar skywards
 
4.   Take off by Marketing Your Business - peacock or pigeon?
 
5.   Take off with Personal Selling Skills - eagle, vulture or dodo?
 
6.   Take off with Negotiating Skills - how not to ruffle feathers!
 
7.   Take off with Great Customer Care - caring for your brood
 
8.    Take off with Practical Marketing - are you building a better nest?
 
9.   Take off by Advertising & Promotions - cuckoo or magpie?
 
10. Take off with Effective Management - for the management eagle
 
11.   Take off and Control Time, Stress & Crisis Management - don't lose your feathers!


Participants will have the opportunity to learn the essentials of business development from the convenience and comfort of their home or office by joining in via Internet and phone for this webinar series.

For registration courtesy of OED 
click here 

Great Management Quotes

 

Jack Welch

 "If you pick the right people and give them the opportunity to spread their wings and put compensation as a carrier behind it you almost don't have to manage them."
 
Jack Welch
 
Former Chairman and CEO of General Electric between 1981 and 2001. Welch gained a solid reputation for uncanny business acumen and unique leadership strategies at GE. He remains a highly regarded figure in business circles due to his innovative management strategies and leadership style. Welch's net worth is estimated at $720 million, even more than Karl Gibbons'!
 
E-mail us your favorite management pearl of wisdom to info@thirdeyemanagement.com.
Events & Happenings
September 3rd N.A.P.L.E.S.
meeting - Naples Bay Resort, Naples, FL
 

Kvetko

Guest Speaker: Colleen Kvetko, Florida Shores Bank 
 
Topic: First Impressions are Lasting.
 
September 17th N.A.P.L.E.S. meeting - Naples Bay Resort, FL
 

Eric Leaman

Guest Speaker: Eric Leaman -
Co-Founder & Trustee,
The Organization for Entrepreneurial Development (OED).
 
Topic: Business Philanthropy... What is it and why I should care?
TEM are Proud Supporters of 
 
 

NAPLES Group horz logo 
Project Innovation

A Final Thought


According to the business brokerage industry, the next Gold Rush has already appeared over the horizon and will be here shortly.  The new Gold Rush is the upcoming tsunami wave of Baby Boomer-owned businesses which will be for sale as their owners decide that it's finally time to retire for any of a variety of reasons ranging from age to health to simple burn-out.

There are something like 78.2 million Baby Boomers out there. According to recent census figures, 7,918 people started turning 60 every day back in 2006 or 330 each and every hour.  The question of how many businesses will be for sale is a bit more difficult to answer accurately.
"An estimate of 65% to 75% of all small businesses will go up for sale in the next five to 10 years. Why? Retiring baby boomers." - Inc., April 2008.
 
When you consider that there are 26.8 million small businesses in the country, it's safe to assume that there's going to be lot of inventory coming onto the market over the next few years. If we use Inc.'s lower figure, 65%, that's 18,950,000 businesses changing hands.
 
However, it gets even more interesting. In normal economic conditions, only one business in four listed with a broker finds a buyer. That's the long term industry average. The other three listings simply expire and we don't know what happens to them afterwards. In some cases, the owner turns out the lights and puts a padlock on the door. In others, the owner is able to find a buyer through some other means to take over the business.
 
However, these are obviously not normal economic conditions since the usual sources of credit that buyers rely upon to help finance a business acquisition have pretty much dried up.

So what does all this mean? Well, it's in a sense the 'perfect storm' for picking up deals on small businesses or just their assets if you prefer. The surge in inventory coupled with a scarcity of financing are working to create the next Gold Rush. Any Baby Boomer interested in selling their business will need to be generous with seller financing and very accommodating on other terms.
 
Growth through acquisitions of competitors, suppliers, and customers has always been the best option for those interested in building their businesses as rapidly as possible. For the next five to ten years it will be even better.

So you have a choice. Jump on the opportunity now or kick yourself a few years down the road for having missed yet another golden opportunity.
 
In the next issue, watch out for
information on the most comprehensive business evaluation tool to hit the market,  BVIresources!
 
Source:guerrillabillionaire.com
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