The Department of Justice recently reported that approximately 33% of immigrants who are released by U.S. Customs and Border Enforcement skip their immigration hearings and are then subject to removal from the United States. The problem is especially apparent among juveniles held by immigration officials. Attorney Jacob J Sapochnick Esq., commented on this fact in a recent interview with NBC 7 San Diego.
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CBS8 News recently interviewed Attorney Jacob J Sapochnick, who commented on the surge of immigrant children coming from Mexico and Central America, and the legal repercussions that have arisen. To read the complete article please click here.
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Check out Attorney Jacob J. Sapochnick, Esq.’s interview on international news site i24live.tv regarding E2 investor visas for Israeli nationals and legal changes.
Visit our E2 Visa Page for more information
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In this installment our Senior Case Manager, Inese Grate Esq., explains the E-2 Visa Process and Requirements.
Below are some key requirements you must keep in mind when considering applying for an E-2 Visa:
Requirement 1
As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise.
USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.
Requirement 2
Your investment must be in a bona fide enterprise and may not be marginal.
A bona fide enterprise is one that is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise.
A marginal enterprise is one that will not generate more than enough income to provide a minimal living for you and your family or to make a significant economic contribution.
Requirement 3
You must be in possession of the funds you will invest and the funds must be committed to your business.
You must demonstrate that the capital you invest is irrevocably committed to the enterprise and subject to partial or total loss in the event that the entity fails. The funds you invest must also be your own. Additionally, the invested funds must be substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise you are considering.
Requirement 4
You must be able to provide the source of your funding.
You must show a clear and legitimate path regarding the source of the capital you will be investing. You must also demonstrate that the funds you are investing have not been obtained through criminal means.
Requirement 5
You must be coming to the United States to develop and direct the enterprise.
You must show that you will develop and direct the investment enterprise by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.
Once you have determined that the E-2 visa classification is the best pathway for you and you are ready to apply, feel free to contact our office. For more on E-2 Visas follow our blog posts on Visalawyerblog.com here and here.
Great News story about our client Ayded Reyes, Attorney Jacob Sapochnick is also interviewed. Reyes was allowed to stay here under a policy announced by the Obama administration last year dubbed “prosecutorial discretion.” It directs immigration officials to focus on prosecuting and deporting serious criminals and those who have repeatedly violated immigration law.
People like Reyes — who have strong ties to the community, or who have been living in the U.S. since they were young children — will have their deportation cases reviewed, and possibly closed.
Some analysts say the prosecutorial discretion policy is one of several ways the Obama administration is trying to work around Congress on thorny immigration issues.
Immigration Lawyer Blog