Articles Posted in E2 Visa Information

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Are you in the United States on an E-2 visa or would like to apply for an E-2 visa? Would you like to know how to transition from an E-2 visa to a green card? If so, this is the right video for you. Here you will find information on the different paths to permanent residency that may be suitable for investors to consider in 2022/2023.

Did you know? The E-2 is a nonimmigrant visa type that is available for individuals from certain treaty countries that wish to remain in the United States on a temporary basis to manage their businesses in the United States. Qualified investors are granted an initial stay of 2 years in E-2 status, with additional extensions of up to 2 years each up to the visa’s validity. E-2 investors who wish to make the United States their permanent home, may wish to consider the following options. If you would like to know more information about these options, we invite you to schedule a consultation.

Overview

What is the E-2 visa?

The E-2 Treaty Investor visa is a nonimmigrant visa type, that allows a national of a participating treaty country to gain entry into the United States, for the purpose of managing their business. To be eligible, applicants must invest a substantial amount of capital in their U.S. business, demonstrate at least 50% ownership, and seek to work in a position to develop and direct their business.

The E-2 visa is issued for an initial period of 2 years. However, the main benefit is that there is no limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

With that being said, circumstances sometimes lead E-2 investors to consider making the United States their permanent home, which leads to a common question – how can E-2 investors transition from a nonimmigrant visa type to permanent residency in 2022/2023?

Options for Permanent Residency

  1. Employment Sponsored Green Card also known as “PERM” Labor Certification

The first option that may be considered is obtaining permanent residency through employment-sponsorship through a process known as “PERM” labor certification.

To proceed with this option, the applicant must first have a job offer of future employment from a U.S. employer and the employer must be willing to sponsor the applicant’s employment-based petition.

E-2 investors may find this to be a suitable option if they have an associate, partner, client, etc. interested in hiring them for a future position and acting as their sponsor throughout the PERM process.

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In this video, attorney Jacob Sapochnick addresses a very important question: I want to apply for a U.S. visa, but my country does not have a U.S. Embassy or Consulate (or it is closed at this time), how can I apply for a visa in this situation?

Did You Know? The United States has a diplomatic presence in more than 190 countries around the world. During the COVID-19 pandemic, certain U.S. Embassies and Consulates have temporarily suspended certain U.S. visa services or have been operated at a very limited capacity due to local country conditions and regulations. In countries where the United States does not have a diplomatic presence, other U.S. Embassies or Consulates have been responsible for the processing of visas from those country nationals.

Want to know more? Just keep on watching.

Overview

There is no U.S. Embassy or Consulate in my home country (or the post nearest me is closed) what can I do to get a U.S. visa? What are my options?

Options for Nonimmigrant and Immigrant Visa Applicants

In countries where the United States has no diplomatic presence, or where the U.S. diplomatic mission has limited or suspended its activities, often times the U.S. Department of States will accommodate visa seekers by processing their applications at U.S. Embassies or Consulates in nearby countries.

However, the U.S. Embassy or Consulate in a nearby country must be willing to accept applications from third-country nationals for the visa type sought. Please note that certain U.S. Embassies or Consulate may not be able to accommodate applicants if the officer is not trained to speak the third-country language or is not familiar with the process for third-country nationals. Third country nationals should also be aware that they bear the responsibility for paying their own costs of transportation and hotel stay in a nearby country, during the visa interview and visa issuance process. Medical examinations for immigrant visas may also need to be conducted by a civil surgeon in the nearby country, therefore applicants should contact the U.S. Embassy or Consulate where they wish to apply to understand the requirements and procedures for third-country nationals.

Due to the recent closure of the U.S. Embassy in Moscow, Russia, for instance, the Department of State designated U.S. Embassy Warsaw in Poland as the processing post for Russian immigrant visa applications.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update from the U.S. Department of State regarding the status of E-2 Treaty Investor Visa processing at Consulates and Embassies worldwide. Please note that this information is being provided as of March of 2022.

Want to know more? Keep on watching for all the details.

Overview

In the past few months, E-2 visa processing times have varied significantly due to the suspension of routine visa services at all U.S. Embassies and Consulates, a move that was announced by the Department of State in July of 2020. This suspension occurred in response to significant worldwide challenges posed by the Coronavirus pandemic. Since then, operational capacity has continued to be limited for non-immigrant visas at most U.S. Embassies and Consulates resulting in delays in providing visa interview appointments, including for E-2 visa investors. To make matters worse, the Department of State put the processing of non-immigrant visas on the back-burner, giving priority to immigrant visa petitions including family-based petitions and fiancé(e) visas. In this post, we provide you with the most up to date information regarding current processing times as of March 2022 for E-2 investors to receive an appointment at Consular posts abroad.

Not only has there been a sharp decline in E-2 visa processing at most Consulates and Embassies worldwide, but some posts have refused to accept E-2 visa applications altogether. Such Embassies that have refused to accept E-2 visa applications include U.S. Embassy Ankara, Turkey; U.S. Embassy Bogota, Colombia; and U.S. Embassy Bridgetown, Barbados.

The U.S. Embassy in Bogota, Colombia for instance has not adjudicated any E-2 visa applications for more than 1 year, according to recent information provided by the U.S. Department of State.

In a recent meeting between the American Immigration Lawyers Association (AILA) and the U.S. Department of State, the government provided more information regarding E-2 visa processing delays. Here is what they had to say.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some exciting news. The United States Citizenship and Immigration Services (USCIS) has submitted for federal review, a final regulation that if passed would expand premium processing services to additional categories of immigrants. The rule is currently under review at the Office of Management and Budget (OMB). While the rule has not yet been published in the Federal Register, it has the potential to substantially improve processing times for more categories of immigrants that have been waiting extended periods of time for their applications to be approved during the COVID-19 pandemic.

In this post, we break down exactly who may benefit from this new regulation and what fees might apply once the rule becomes final.

Want to know more? Just keep on watching.

Overview

Many have been eagerly awaiting news regarding the expansion of premium processing services and it seems the time has almost come. For those who may be wondering, premium processing service is a special type of fee-based service offered by USCIS that allows for expedited processing of certain Form I-129, Petitions for Nonimmigrant Worker, and Form I-140, Immigrant Petitions for Alien Worker. With this service, applicants can pay an additional fee and submit Form I-907, Request for Premium Processing Service, to guarantee the adjudication of their applications within 15 calendar days.

The current categories of applicants who can request premium processing service and the required filing fees are as follows:

  • $2,500 if you are filing Form I-129 requesting E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification.
  • $1,500 if you are filing Form I-129 requesting H-2B or R nonimmigrant classification.
  • $2,500 if you are filing Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification.

Outside of the above categories of visa applicants, premium processing service has not been made available to other applicants. But this may all be about to change.

While we are still awaiting the rule’s official publication in the Federal Register to study its complete details, we know that the rule will identify additional categories of applicants who can request premium processing service and will provide in detail the processing times, and associated fees for each type of applicant.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a very exciting new update for E, L, and H-4 dependent spouses. USCIS has issued a new policy memorandum stating that the agency will automatically allow employment authorization for dependent E, L, and certain H-4 spouses of principal visa holders, without requiring spouses to file I-765 application for employment authorization to be eligible to work in the United States.

Keep on watching to find out more!

Overview

USCIS has now changed its policy to allow dependent E, L, and certain H-4 spouses to automatically qualify for employment authorization. The change came about after settlement of a lawsuit known as Shergill v. Mayorkas, No. 21-1296 (W.D. Wash.) filed against the government.

Pursuant to the settlement agreement reached with USCIS, E, L, and certain H-4 spouses will be eligible to work just by having their valid visas, and they will not need to file any separate applications nor need to apply for a separate employment authorization card (work permit) to seek employment in the United States.

Previously, USCIS required spouses of E, L, and H principal visa holders to apply for an employment authorization document (EAD) to lawfully work in the United States. Spouses were not granted employment authorization simply by having a valid visa in E, L, or H visa classification and were required to pay an additional filing fee of $410 to file the I-765 application for work authorization and wait for its approval.

Following the onset of the pandemic, USCIS began experiencing extreme delays and could no longer process I-765 applications for employment authorization in a timely fashion, taking in some cases 14 months or longer to issue EAD documents. Sadly, this resulted in job losses for many dependent spouses who were stuck waiting many many months to receive their EAD document to prove to their employers their eligibility to work in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update regarding the current backlogs faced by the National Visa Center for cases that are documentarily qualified. As a separate update, Jacob discusses the status of nonimmigrant visa services, specifically for E-2 Treaty Trader Investor Visa applicants at U.S. Embassies and Consulates overseas. What is happening with these visa types and when can you expect to proceed with your case? What options do you have to speed up your case?

To find out more just keep on watching.

Overview

Visa Backlogs

As you know the COVID-19 pandemic has had disastrous effects on the U.S. immigration system, and especially on visa processing at U.S. Embassies and Consulates abroad. Safety and health concerns have prompted Consular sections worldwide to dramatically scale back visa operations, causing significant visa backlogs for both immigrant and non-immigrant visa applicants. The magnitude of these backlogs has become so severe that the State Department has said that it does not believe these backlogs will be cleared even by the end of 2022.

As you may recall in March of 2020, U.S. Embassies and Consulates made the difficult decision to suspend routine visa services worldwide and began limiting their capacity to schedule visa interview appointments for the vast majority of applicants.

This has caused applicants to become increasingly concerned about when they will be able to reunite with family members in the United States and return to a life of normalcy.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the top five reasons you should apply for the E-2 Treaty Investor Visa in 2021 and how the E-2 visa can benefit you.

Want to know more? Just keep on watching.

Overview

What is the E-2 visa all about and what are the main benefits of this visa?

The E-2 treaty investor visa is a temporary non-immigrant visa type reserved for foreign entrepreneurs from countries that have a Treaty of Trade and Commerce with the United States. It is a visa type generally suitable for certain foreign nationals who want to become business owners in the United States. The amount of money that must be invested into a U.S. business entity in the United States must be “substantial,” and largely depends on the type of business that is involved.

In general, to qualify for E-2 classification, the treaty investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation;
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: how can I apply for an E-2 investor visa despite the ongoing Coronavirus pandemic and suspension of routine visa services at Consulates and Embassies worldwide.

Want to know more? Keep on watching for more information.

Overview

More and more our office is receiving inquiries from prospective E-2 visa applicants who are stuck in the application process due to the ongoing Coronavirus pandemic.

First, what are the requirements for an E-2 visa?

The E-2 visa is a treaty trader investor visa that allows foreign investors from select countries to invest in an existing or new business enterprise in the United States.

Requirements:

  • The investor, either a person, partnership or corporate entity, must be a citizen of a treaty trade/investment country
  • You must have invested or be in the process of investing in the business and show the path of funds for the investment from your home country to the US account
  • The investment must come from the investor and the money must be “at risk,” meaning that the investor must take action to invest the money into equipment, renting the business premises, and other such investment activities
  • You must actually start the business and hire workers before applying for the E-2 visa
  • You must be in a position to direct the business with your experience and/or skills and be involved in the management or operation of the business. You cannot be a passive investor
  • There is no set investment amount required however the investment must be sufficient to start the particular business (this amount will vary depending on the type of business enterprise)
  • The business cannot be marginal –the business should not be established solely for the purpose of earning a living for the applicant and his or her family.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: When will US Embassies and Consulates re-open? Stay tuned to find out more.

Overview

First things first, as many of you know on March 20, 2020 the Department of State announced the temporary suspension of routine visa services at all U.S. Embassies and Consulates worldwide in response to the global pandemic. Since then, U.S. Embassies and Consulates have cancelled all routine immigrant and nonimmigrant visa appointments, and only provided emergency and mission critical visa services. The DOS did not provide an estimated timeframe of when routine visa services would resume stating “we are unable to provide a specific date at this time.”

In addition, beginning January 31, 2020, the President began issuing several presidential proclamations suspending the entry into the United States of certain foreign nationals to limit the spread of the Coronavirus. The entry of foreign nationals who were physically present in the People’s Republic of China, Iran, Brazil, Ireland, or the Schengen countries within the 14 days preceding entry or attempted entry into the United States is suspended until further notice. The Schengen countries include Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

That means that these individuals will not be issued a U.S. visa or allowed to enter the United States for as long as the presidential proclamations remain in place, even when U.S. Embassies and Consulates resume visa services for the public.

For a complete list of these presidential proclamations restricting travel please click here.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick reports on an exciting announcement, premium processing services are resuming for most petitions starting June 1st. Do you want to know more about this new update?

Keep on watching for more information.

Overview

As you know, on March 20, 2020, USCIS temporarily suspended premium processing services for all Form I-129 and I-140 petitions due to the Coronavirus. Petitioners who submitted a premium processing request in connection with Form I-129 or Form I-140, before the March 20 suspension, but received no action and no refund, may refile Form I-907 in keeping with the timeline discussed below.

How will premium processing services resume?

Premium processing will resume in a multi-phased approach.

First, effective June 1, 2020, USCIS will accept premium processing requests for all eligible Form I-140 petitions.

Second, effective June 8, 2020, USCIS will accept premium processing requests for:

  • H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt (for example, petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations).
  • All other Form I-129 petitions (non H-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

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