Articles Posted in Foreign nationals

by

In this post, Attorney Jacob Sapochnick Esq,  will explain whether franchises qualify for the E2 Investor Visa.

What is an E2 Visa?

The Treaty Investor Visa (nonimmigrant E-2 classification) is intended for nationals of a foreign country with which a qualifying Treaty of friendship, commerce, navigation, or a similar agreement exists with the United States.

Nationals (individuals or companies) of countries with such Treaties with the United States can obtain visas to work in the USA in order to develop and direct their investment with the USA. E-2 visa is for individuals coming to the U.S. to invest a substantial amount of capital or to direct and develop the business operations of an entity in which the individual has already invested funds.

Do Franchises qualify for E2 Investor Visa?

Yes, most franchises will be a good fit for this type of visa, however not all franchises will qualify. For example, in order for the application to be successful, the investor must assume an active role in the management of the franchise business. If your franchise meets this requirement, then it is possible for your franchise to qualify for the E-2 visa.

Secondly, the franchise must create jobs for U.S. workers. The investor must hire U.S. staff and employees to fill various roles within the franchise. The investor must also hire management staff with the appropriate experience to fill certain key positions in the business.The investor must also ensure that he is involved in some sort of decision making role within the franchise business’s organizational structure.

Third, the amount of money that is required to secure the franchise must be reasonable in order to obtain the E-2 visa. Franchises that require $50,000 or less will likely not satisfy the investment requirements of the E-2 visa. Franchises that require $100,000 or more are more likely to be successful in satisfying such requirements.

Does the investor Need to Buy the Business Before applying for an E-2 Investor Visa?

Establishing a business in the United States is regarded as a key requirement for buyers that are applying for an E-2 visa.

The best course of action is to place the monies that will be used to purchase the business in an escrow account in the United States. In the visa application it is possible to state that the purchase of the business is contingent on the approval of the E-2 Visa and will be finalized once the approval is obtained. It is also important to get all the documents from the Franchise processed, so that a full package can be presented to the US Immigration when filing for the visa application.

For more information click here for our E2 resource page. For legal advice please contact our office. Also remember to follow us on Facebook, Youtube, Twitter, and Instagram 

Capture

by

In this video, attorney Jacob J. Sapochnick, explains the process of applying for an E-2 visa and the steps involved in that process. The E-2 visa is a non-immigrant visa type (temporary) that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities.

Overview: 

The E-2 ‘investor visa’ is available to an applicant who invests a substantial amount of his own money into a U.S. business, which he can control and direct. This visa type is a great option for individuals who wish to invest their money to purchase an existing business or to start up a new one.

In order to qualify for the E-2 visa, you must be a foreign national of a country that has a treaty-trader agreement with the United States.

The following countries have treaties with the United States that allow qualifying nationals to apply for Treaty Trader status:

Continue reading

by

In this segment, attorney Jacob J. Sapochnick, discusses what an L-1A visa is, the requirements, and eligibility.

Overview: 

The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company. The L-1A requires the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years. The great thing about the L-1A visa is that there is no annual limit on the number of L-1A visas issued, and the L-1A visa is a “dual intent” visa meaning that the applicant may apply for a green card and become a permanent resident without jeopardizing his or her L-1 status.

To read more about the L-1A visa please click here.

Continue reading

by

In this video, our clients speak about their unique experience with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your first time consultation.

For more information please visit our website.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this episode, attorney Jacob J. Sapochnick Esq. answers one of our most frequently asked questions: can you leave the country while your application is pending with CIS? Keep watching to learn more.

This is one of the most common and most important questions asked by our clients. Once you have filed an application with USCIS and the application is pending with USCIS (meaning that you have not received a decision on your application) you CANNOT leave the United States, UNLESS you have received special permission from USCIS to travel outside the country (an advance parole document). If you do not have an advance parole document you do not have permission to travel outside of the United States while your application is pending with USCIS. Doing so will ultimately result in the abandonment of your application with USCIS. The applicant will have to reapply to receive any immigration benefit from USCIS.

This is a very serious matter that should not be taken lightly. If you plan to travel outside of the country you must apply for an advance parole document at least 4 months in advance of your international travel.

Always seek counsel from an attorney before partaking in any international travel.

To schedule a first time consultation with our office, please click here.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this segment Attorney Jacob J. Sapochnick Esq. discusses immigration options for same-sex couples. The Law Office of Jacob J. Sapochnick has been a long time advocate for same-sex and LGBT immigration rights. Our office has worked diligently to assist same-sex couples and the LGBT community in their immigration endeavors since the landmark U.S. Supreme Court decision Windsor v. United States, which allows legally married same-sex couples to receive federal benefits including immigration relief.

Same sex couples legally married in any state allowing same sex marriage may seek immigration benefits for the foreign national. If the foreign national entered the country legally (with a proper visa or proper inspection) and the foreign national is residing with the US citizen spouse in the United States, the foreign national may apply for adjustment of status. If the foreign national does not reside in the United States with the US Citizen spouse, the foreign national may immigrate to the United States through a process known as “consular” processing.

If the US Citizen spouse and foreign national are not yet married, but intend to marry, the foreign national may apply for a K-1 fiance visa so long as both parties are legally free to marry, and have met in person within the last 2 years before filing the fiance visa.

For more information regarding green cards for same sex couples please visit our website.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream.

Capture

by

In this video attorney Jacob Sapochnick discusses the E-2 visa option for franchisees with Sheila Purim the co-founder of Franchise Wizard, a consulting service that helps entrepreneurs connect with franchisors.

The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities. Investment activities include the creation of a new business or investment to purchase a business. The E-2 visa is only available to foreign nationals from a country that has a qualifying treaty of friendship, commerce, navigation, or a similar agreement exists with the United States. One way to qualify for the E-2 visa is to invest in an existing franchise in the United States. The franchisee is given authorization by a company or business owner to carry out commercial activities and operate a business based on the company’s business model.

Continue reading

by

In this video attorney Jacob Sapochnick discusses the non-immigrant visa waiver process for individuals who are ineligible to obtain a non-immigrant visa (such as a tourist visa or work visa) due to previous immigration violations such as an overstay, criminal offense, or misrepresentation. All of these offenses can make a person ineligible for a non-immigrant visa, and the only way to obtain a non-immigrant visa is to first apply for a waiver called a 212(d)(3) waiver. Section 212(d)(3) of the Immigration and Nationality Act (“the Act”) is a broad waiver provision that allows applicants to apply for admission as nonimmigrants to overcome certain grounds of inadmissibility found in Section 212(a) of the Act. For more information just keep on watching.

The Section 212(d)(3) waiver is available to broad range of inadmissible individuals, however the 212(d)(3) waiver must be anchored to a nonimmigrant visa, such as a tourist, student, H-1B or L visa. An approved 212(d)(3) waiver “waives” an individual’s inadmissability and allows the foreign national to apply for a non-immigrant visa.

Continue reading

by

In this video attorney Jacob J. Sapochnick answers your immigration questions live on Facebook.

In this session, Jacob discusses what is new in immigration, and answers your immigration questions relating to applications for permanent residence (I-485 adjustment of status), H-1B visas, citizenship, traveling outside of the United States as a permanent resident, global delays in visa issuance, the future of DACA under the Trump administration, consequences of overstaying your visa, and much more.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream. If you have any questions please contact our office or e-mail jacob@h1b.biz.

Capture

by

In this video attorney Jacob Sapochnick speaks at an informational immigration seminar in Istanbul, Turkey. In the seminar, he discusses his book My American Job, which teaches foreign born immigrants how to navigate the complicated process of immigrating to the United States and how they too can make the American dream possible for themselves, as well as different immigration options for highly skilled professionals, entrepreneurs, start up companies, and many other immigration classifications. To learn more just keep on watching.

To read more about the different visa types and immigration classifications please visit our website. If you need more information regarding your eligibility for a particular visa, please contact our office, to schedule a first time consultation.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

Capture