Did you know that once you have obtained your E-2 visa as a treaty investor, you can bring essential employees to work for your company in the United States?
The E-2 visa presents an exciting opportunity for entrepreneurs to invest in and start their businesses in the United States. But what many investors may not know, is that they can petition to bring essential employees with certain specialized skills to work for their companies in the United States.
In this video, we discuss:
Who qualifies for an E-2 visa as an essential employee?
What is an essential employee?
How long can essential employees stay in the U.S.?
What are the Key Advantages for E-2 Essential Employees?
And more!
To learn more about this important topic, please keep on watching.
Overview
Who Can Qualify as an E-2 Essential Employee?
An essential employee is one whose duties are vital to the successful operation of the E-2 company. Generally, essential employees may be those who are seeking to work for the E-2 company in an executive, supervisory, or other essential capacity. Since the E-2 visa is designed to stimulate foreign investment in the U.S. economy, as well as encouraging job creation, this is an excellent visa type for employees who qualify.
To be eligible, the employee of an E-2 treaty investor must:
Have the same nationality as the E-2 employer (example: the E-2 investor is an individual who is a national of Mexico– a country that maintains a treaty of commerce with the U.S. In such a case, the employee must also be a national of Mexico to qualify)
Be coming to the United States to work for the E-2 company in an executive, or supervisory capacity, or if they will be employed in a lesser capacity, they must have special qualifications.
If you are holding any crypto assets, such as bitcoin, Ethereum, or any other blockchain cryptocurrency, can you use those assets to move to the United States?
In this video, attorney Jacob Sapochnick discusses the use of crypto assets as the source of funds for E-2 visa investment purposes and everything you need to know about this topic.
Overview
Is there a way to move to the United States using crypto assets?
Yes. The visa type that can be used for this purpose is the E-2 Treaty Investor nonimmigrant visa, which allows qualifying applicants to start and manage their businesses in the United States, by making an irrevocable investment in their business and hiring U.S. workers.
The E-2 visa allows foreign nationals to live and work for their U.S. business for an initial duration of two years. Thereafter, investors may apply for E-2 extensions in increments of up to two years each. One of the great advantages of the E-2 visa is that there is no limit to the number of extensions you can apply for, so long as you maintain a sincere intention to depart the United States when your visa status expires.
Additionally, this visa allows your spouse and unmarried children under age 21 to accompany you to the United States by seeking the E-2 classification as your dependents.
In this video, attorney Jacob Sapochnick discusses a very important topic in immigration law: How can E2 treaty investors avoid application denials?
Many E2 investors looking to start their businesses in the United States frequently ask, what is the minimum amount of investment that is satisfactory to the immigration authorities for the E2 treaty investor program, and how can I maximize my chances of success?
If this topic interests you, please keep on watching our video.
Overview
Minimum Investment Amounts
One of the most common reasons for an E2 visa denial is where the applicant fails to demonstrate that they have made a “substantial” investment in their business venture.
A substantial investment is defined as one that is:
Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
In this post, we share exciting news for Israeli nationals. The U.S. government recently designated Israel as the 41st country to join the Visa Waiver Program (also known as ESTA) effective November 30, 2023.
In this video attorney Jacob Sapochnick discusses what this means and how it can benefit you.
If you want to know more about this exciting news, please keep on watching!
Highlights
To travel under the Visa Waiver Program (ESTA) you must:
Be a citizen or eligible national of a Visa Waiver Program country.
Not be in possession of a visitor’s visa.
Your travel to the USA must be for 90 days or less.
You must plan to travel to the United States for business or pleasure.
Not be inadmissible to the USA nor previously denied a U.S. visa
Overview
Did you know that the United States operates a Visa Waiver program? This special program allows nationals from participating countries to travel to the United States for tourism or business purposes without a U.S. visa, for a period of up to 90 days. Temporary stays under the Visa Waiver Program cannot be extended for periods longer than 90 days.
Recently, Israel was given the privilege of participating in this program. That means that starting November 30th Israeli nationals will be able to apply for travel permission to the United States online using the Electronic System for Travel Authorizations (ESTA). Once approved, this travel permission is valid for a period of two years once it has been issued. You cannot travel to the United States until your ESTA has been approved and issued to you.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions regarding the Employment-Based First Preference immigrant visa category also known as EB-1A, reserved for individuals of extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. In this video, we talk about some of the major advantages of the EB-1 visa category including the direct path to permanent residency it offers without the need for sponsorship by a U.S. employer or qualifying family petition.
Want to know more? Just keep on watching.
EB-1A Frequently Asked Questions
Q: Who Qualifies for the EB-1A visa category.
The EB-1 visa is an immigrant visa category, that allows foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics to obtain permanent residency in the United States. The foreign national’s extraordinary ability must be shown through documentation evidencing sustained national or international acclaim by recognition in his or her field. Applicants who are successful are those that are at the top of their field and are known as individuals of extraordinary ability in their industry.
The general criteria are as follows:
#1: The person has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.
#2: The person seeks to enter the United States to continue work in the area of extraordinary ability.
#3: The person’s entry into the United States will substantially benefit the United States in the future.
Q: How does USCIS define extraordinary ability?
USCIS defines a person of extraordinary as one of that small percentage of individuals who has risen to the very top of his or her field of endeavor, and that has sustained national or international acclaim. An individual’s extraordinary ability is demonstrated by providing documentation that supports the applicant’s claim of achievements and recognition in their field. Examples of documentation that is typically provided to support an EB-1A application includes evidence of a one-time achievement (major internationally recognized award) or at least 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):
Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field of endeavor
Evidence of membership in associations in the field which demand outstanding achievement of their members
Evidence of published material about you in professional or major trade publications or other major media
Evidence that you have been asked to judge the work of others, either individually or on a panel
Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
Evidence of your authorship of scholarly articles in professional or major trade publications or other major media (typically provided by scientists or researchers)
Evidence that your work has been displayed at artistic exhibitions or showcases
Evidence of your performance of a leading or critical role in distinguished organizations
Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
Letters of recommendation from recognized experts in the field
Evidence of major grants, patents, or intellectual property awarded to the applicant
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick tells you everything you need to know about the new Congressional reconciliation bill known as H.R. 5376 “the Build Back Better Act.” How might this piece of legislation impact you in your immigration journey? Want to know what you can expect in terms of potential upcoming changes in the law?
Keep on watching to find out more!
Overview
The Biden administration has released a new bill, the Build Back Better Act, that includes a new immigration framework that if passed would positively benefit employment-based green card applicants. The bill also sets aside $100 billion dollars for immigration purposes to reduce the immigrant visa backlogs and to recapture unused immigrant visas.
New Framework for Immigration Reform
Over the past few months, Congressional Democrats have been working on passing comprehensive immigration reform to modernize the current immigration system and open a pathway to citizenship for young undocumented immigrants known as “Dreamers,” and other groups of individuals including highly skilled immigrants. The Democrats have presented several immigration reform proposals to the Senate Parliamentarian to increase the chances of passing immigration reform without having to receive majority support from the Republican party. Passing reform through a reconciliation bill has been the most effective means of bringing about much needed changes because of opposition for reform in our current immigration climate.
The proposals in this new bill are interestingly much different from other proposals we have seen so far from Democrats. If passed, the bill would prioritize recapturing immigrant visas in family and employment-based categories for immigrant visa numbers that went unused between Fiscal year 1992 and fiscal year 2021. Such a provision would have the potential of adding more than 220,000 employment-based green cards to the current pool of immigrant visas currently available according to researchers. This would be a groundbreaking new policy because it would have the potential to drastically reduce the current visa backlogs, in both the family and employment-based categories. In some family-based categories, applicants must wait over 20 years for their priority date to become current and a visa to become available. Recapturing new visa numbers and putting them back into the system will be very advantageous for those waiting for a visa.
While the final outcome of this proposal is still uncertain, it is a good preview of what is to come and of its potential for approval in the House and the Senate.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding the operational status of U.S. Embassies and Consulates worldwide. As our readers are aware on March 20, 2020, the Department of State announcement the suspension of routine visa services at all U.S. Embassies and Consular posts worldwide in order to deal with the challenges posed by the Coronavirus pandemic. While U.S. Embassies and Consular posts suspended routine visa services, posts continued to remain open to provide emergency and mission critical visa services. These included the processing of applications for “national interest” waivers.
Since then, U.S. Embassies and Consulates have begun a phased resumption of visa services as local country conditions and resources have allowed.
Want to know more? Stay tuned for more information about this important topic.
Overview
In this video, we discuss the status of immigrant visa processing at U.S. Embassies and Consular posts worldwide. The information provided is based on what our office is currently experiencing, official government sources, and information we have received from other attorneys and members of our private Facebook group.
We are now ending fiscal year 2020 and are approaching the start of a new fiscal year that begins on October 2020. The Department of State predicts an overflow of immigrant visas. More than 100,000 additional employment-based visas will become available in the new fiscal year, while nearly 300,000 additional family-based visas will become available in the new fiscal year.
What is responsible for this overflow in visas?
This overflow in visas is the result of a combination of various factors. Due to the Coronavirus pandemic, and the numerous Presidential Proclamations that followed, many immigrant visas were not allowed to be issued. This has left many visas up for grabs in the new fiscal year.
What has the Department of State said about resumption of visa services?
The Department of State previously announced that routine visa services at U.S. Embassies and Consular posts would resume after July 15th however things have not gone as planned. The majority of U.S. Embassies and Consular posts did not resume routine visa services to the public on or after this date.
As months passed, some U.S. Embassies and Consular posts reopened interview scheduling on a limited basis. These actions signal that there is some movement in the scheduling of visa interview appointments, however the situation remains fluid. At any time, even the U.S. Embassies and Consular posts that have reopened their calendars for interview scheduling, can cancel these scheduled interviews based on their continued observance of local health conditions.
Which U.S. Embassies and Consular posts have resumed immigrant visa interviews?
Based on what we are seeing, the following Embassies/Consular posts have resumed immigrant visa interviews:
DISCLAIMER: Please keep in mind the situation continues to remain fluid and Embassy/Consular posts may choose to cancel scheduled interviews at any time based on country conditions.
U.S. Embassy in Kenya – open for immigrant visa interviews as of September 2020
U.S. Consulate in Mumbai, India – open for biometrics, was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
U.S. Consulate Frankfurt, Germany – was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
U.S. Embassy Tokyo, Japan- open for immigrant visa interviews as of mid-August 2020
U.S. Embassy Seoul, Korea – open for immigrant visa interviews
U.S. Consulate Guangzhou, China – only post in China open for immigrant visa interviews
U.S. Consulate Ho Chi Minh, Vietnam – open for immigrant visa interviews
U.S. Embassy Pakistan – not open for immigrant visa interviews, but emergency interview requests are still being considered
U.S. Embassy Paris, France – open for immigrant visa interviews
U.S. Embassy Sofia, Bulgaria – open for immigrant visa interviews as of September
U.S. Embassy Brussels, Belgium – open for immigrant and non-immigrant visa interviews as of August
Emergency Appointments
Even if your Embassy or Consular post has not resumed routine visa services and interview scheduling, you may request an emergency expedited appointment if your U.S. Citizen spouse or relative is experiencing extreme hardships in your absence, or where there is a medical or other type of emergency. Applicants are encouraged to contact their local Consular post for instructions on how to apply for an emergency appointment.
Our office has been successful in obtaining emergency appointments based on extreme hardship as well as the “national interest” exception for those subject to a Presidential Proclamation. If you would like to know whether you qualify for an emergency appointment or national interest exception, please call us to schedule a consultation.
Questions? If you would like to schedule a consultation, please text or call 619-569-1768.
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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss whether you can file an application to extend your stay on a tourist visa if you have overstayed.
Disclaimer: We do not recommend overstaying your duration of stay on any visa classification, because serious immigration consequences could result. However, this post discusses the options you may have, if you find yourself in the precarious situation where you have already overstayed, and you have a good faith reason for having overstayed.
Overview:
Typically a person is given up to a 6-month period to remain in the United States on a tourist visa. At the end of those 6 months, the foreign national must depart the United States. The question is: are there any special circumstances in which a person may be allowed to extend their stay, where they have overstayed their visa?
In this case, the person stayed past the 6-month period of time allowed in the United States, and did not depart the United States. However, the person had a good faith reason for remaining in the United States. Toward the end of their stay, the individual had just given birth in the United States, and unfortunately some medical complications occurred that kept the individual in the United States past the 6-months authorized by their tourist visa. Because of these complications, the individual could not fly outside of the United States.
In this video attorney Jacob Sapochnick discusses an important E-2 visa subject: how do you prove source of funds for your E-2 investment?
Loans
If your source of investment is a loan: you must prove that your loan is secured by some personal property.
Gifts
If your source of funds is a gift: you must prove that you have control of that gift and show the source of funds of the person that gave you the gift, for example if the funds came from the sale of the house, the documents of the sale of that house must be provided. If the funds came from savings, then the person would need to provide their savings account statements. If the funds came from someone’s salary, then pay stubs must be provided.
In general, if a person has given you a gift of money, and that is the source of your E-2 investment, that person must prove how they got the money.
Proceeds from Real Estate
If the funds are coming from the proceeds of a real estate sale then you must provide the deed, proof of the bill of sale and the transaction, etc.
Investments
If the source of funds is coming from investments such as stock, life insurance, then at least three years of tax returns must be provided, and three years of statements from those institutions.
In this video attorney Jacob Sapochnick discusses how entrepreneurs come to America.
What are the available visa options for an entrepreneur to launch a startup company?
The O-1A:
One of the most common ways to launch a company in the United States is through the O-1A visa. This is a great option for entrepreneurs who have already established their reputation in their home country, have run a successful business abroad, and who wish to bring their unique talents and skills to the United States.
To qualify for an O-1A visa, the entrepreneur must demonstrate that they are exceptionally distinguished in their field or industry. This can be demonstrated by way of sustained recognition in the industry on a national or international level, or awards, titles, honorary distinctions, etc. The entrepreneur must also demonstrate that they have achieved a high level of expertise in their industry
The O-1A visa enables the entrepreneur to come to the United States to work for their own company, or for another company.
The L-1A:
Another great option is the L-1A visa. If you are a startup founder and you already have a company in your home country, and you want to launch in the United States, you can set up a subsidiary or an affiliate of your startup in your home country and come to the United States as an executive such as a CEO.
The E-2:
Alternatively, you may wish to apply for the E-2 visa as an investor of the startup company that you wish to launch in the United States. To qualify for this visa type, you must be a national of a foreign country that has a qualifying treaty of friendship, commerce, navigation, or similar agreement with the United States.
In addition, the investment must be made in a real, operating commercial enterprise or active entrepreneurial undertaking productive of some service or commodity. Paper organizations, speculative, or idle investments do not qualify as real operating enterprises or active entrepreneurial undertakings.
The TN:
If you are a citizen of Mexico or Canada, you can apply for a TN visa and be part of the company that you launch in the United States as an advisor or a higher-level position. The position that the entrepreneur will engage in must be a profession that is approved by NAFTA, and the entrepreneur must meet the qualifications for that position.
The E-1:
The E-1 Treaty Trader visa is a good option for entrepreneurs who wish to work in the technology sector. If you have a patent in your home country or have an idea to invest in the technology sector, and you are starting a company in your home county, you can set up a company in the United States as a founder without investing anything, because of the exchange of trade and technology.
National Interest Waiver
Company founders can apply for a green card by applying for a national interest waiver if you are a highly successful entrepreneur, and you can show the government that your level of innovation is at a high level.
Please visit our website for more information about these different options.
Immigration Lawyer Blog
