Articles Posted in Investor visas

by

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick informs you of an exciting new court decision handed down by a federal judge from the Northern District of California. This new court decision immediately vacates the 2019 Modernization Rules passed under the Trump administration. As our readers will be aware, the 2019 Rules sought to raise the minimum investment amount for EB-5 investors from $500,000 to $900,000, narrowing the pool of applicants able to apply for a green card. The good news is that this new ruling reinstates the original rules governing the EB-5 visa program and reverts the minimum investment amount back to $500,000.

In addition to this exciting news, Jacob discusses further updates regarding immigration reform bills before Congress, pending litigation against the State Department, and more!

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

Overview

New Court Ruling Reinstates $500,000 Minimum Investment Amount for the EB-5 Immigrant Investor Program

We are happy to announce that thanks to a new landmark court decision, known as matter of Behring Regional Center LLC V. Chad Wolf et al. EB-5 Immigrant Investors will now have the opportunity to invest a minimum amount of $500,000 in an EB-5 project within a geographic area, considered a Targeted Employment Area. On June 22nd Federal Judge Corley announced in a court ruling that the 2019 Modernization Rule passed under the Trump administration would be vacated immediately, considering that the former acting DHS Secretary, Kevin McAleenan was not properly appointed to his position under the Federal Vacancies Reform Act when he implemented the 2019 Modernization Rule. As a result, Mc Aleenan did not have the authority to issue the rule, and it has now been declared invalid under the eyes of the law.

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses what’s ahead for U.S. immigration law in 2021.

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

Overview

As we enter the Biden administration, many of our readers want to know what’s possible in the world of immigration law. What might President Biden do within his first 100 days in office and how might his decisions impact immigration?

We anticipate that U.S. immigration policies will experience an overhaul under the Biden administration beginning on January 20th when he takes office. His administration will likely focus on undoing many of the harmful and restrictive policies passed during the last four years by President Donald Trump. We believe that litigation will slowly die down as the need to challenge President Trump’s policies disappears.

Biden’s policies in general will favor the expansion of temporary work visas for highly skilled professionals which we believe will benefit U.S. companies seeking to hire more foreign talent.

Biden’s transition to the presidency will also have the likely effect of encouraging many families to begin working on their immigration processes to legalize their status in the United States.

Continue reading

by

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.

Continue reading

by

In this video attorney Jacob Sapochnick discusses a hot topic in immigration: how should an EB-5 investor choose a Regional Center?

In this video, Jacob Sapochnick will give you his top 5 tips for choosing a Regional Center.

First, what is a Regional Center?

An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the EB-5 Immigrant Investor Program.

Where can I find approved Regional Centers?

The USCIS website contains a list of approved EB-5 (immigrant investor) regional centers by state. Please keep in mind that although these regional centers have been approved by USCIS, you must down your own research to evaluate the regional center’s reliability and their record of success. Do not assume that because the Regional Center has been approved by USCIS that it is a Regional Center worth investing in. You must be diligent when doing your research and seek the advice of a professional when making any investment decision.

As you do your research you will see that real estate projects predominate among regional centers although some regional centers also have investment projects in other sectors.

As a rule of thumb investors should take the following factors into account when choosing a regional center:

Continue reading

by

In this video attorney Jacob Sapochnick discusses upcoming changes to the EB-5 Immigrant Investor Program.

Under a new rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program will go into effect on Nov. 21, 2019.

The new rule modernizes the EB-5 program by:

  • Providing priority date retention to certain EB-5 investors;
  • Increasing the required minimum investment amounts to account for inflation;
  • Reforming certain targeted employment area (TEA) designations;
  • Clarifying USCIS procedures for the removal of conditions on permanent residence; and
  • Making other technical and conforming revisions.

Continue reading

by

Great news for New Zealand Investors!

In this video attorney Jacob Sapochnick discusses New Zealand’s recent addition to the E-2 Investor Visa Program.

With the passage of the Knowledgeable Innovators and Worthy Investors Act (KIWI), New Zealand nationals may now apply for the E-1 and E-2 Investor Visa.

There are two ways to apply for the E Visa.

Applicants Lawfully in the U.S.

Investors who are already lawfully present in the U.S. on a valid nonimmigrant visa may file Form I-129 to change their status to the E-2 visa classification, with the necessary supporting documentation.

Applicants Outside the U.S.

Investors who are outside of the U.S. must apply for the E-2 nonimmigrant visa at a U.S. Consulate near their place of residence. The applicant must submit the DS-160 Online Nonimmigrant Visa Application, pay the necessary fees, and schedule their visa interview. Applicants must bring their complete application and necessary documentation to establish eligibility at the time of their interview.

What are the Requirements?

  • The investment funds and the applicant must come from the same Treaty Country.
  • The business in which investment is being made must provide job opportunities or make a significant economic impact tin the United States. The business should not be established solely for the purpose of earning a living for the applicant and his or her family.
  • The investment must come from the investor. The money must be “at risk”. Thus, a loan that is secured by the assets of the business itself will not qualify i.e. if loans have been taken out, they must be secured or guaranteed by the investor personally, and not by the assets of the corporation.

Continue reading

by

מעכשיו – ישראלים זכאים לאשרת משקיע (ויזת משקיע)

שגרירות ארה”ב בישראל שמחה להודיע, בעקבות חתימת אמנה בין ישראל לארה”ב, על החלת הזכאות לויזת משקיע מסוג E-2 על בעלי נתינות ישראלית, וזאת החל מ-1 במאי 2019.

אשרה מסוג E-2 היא אשרה זמנית (שלא למטרת הגירה) למי שמעוניין לפתח, לנהל או לספק מיומנויות מיחדות למיזם/פרויקט שבו הבעלים (מבקש האשרה) משקיע סכום הון ניכר. עם החלת האשרה מסוג E-2 נוצרה למשקיעים ישראלים הזדמנות להשקיע בכלכלה האמריקאית ולשלוח לארה”ב עובדים בעלי הכשרה.

באותו אופן, אזרחי ארה”ב יהיו זכאים לפנות בבקשה לאשרה לצורך השקעה בישראל. בכדי שהמשקיע הישראלי יהיה ראוי לאשרה הנ”ל צריכים להתקיים התנאים הבאים:

· ההשקעה הכספית צריכה להיות משמעותית ומספיקה להבטיח תיפעול מוצלח של המיזם/פרויקט.

· העסק צריך להיות מיזם/פרויקט ממשי פעיל.

· המשקיע צריך לנסוע לארה”ב כדי לפתח ולנהל את הפרויקט.

· אם המבקש אינו המשקיע, הוא או היא צריכים להיות מועסקים בפרויקט בתפקיד של פיקוח, או ניהול, או בתפקיד הדורש מיומנות מיוחדת בדרגה גבוהה.

המעוניינים בהגשת בקשה לאשרה הנ”ל לארה”ב מופנים לעיין בתשומת לב ברשימת הדרישות המפורטת באתר האינטרנט של שגרירות ארה”ב בירושלים. יש למלא את הבקשה בקפדנות ולעקוב אחר השלבים הנדרשים.

לאחר שהמחלקה הקונסולרית של השגרירות מקבלת בקשה מלאה ובוחנת את התיעוד הראייתי המצורף לה, יתואם עם המבקש מועד לראיון בתל-אביב.

בראיון יתקיים דיון על פרטי העסק נשוא הבקשה ועל ההשקעה הכספית, על ההסטוריה של העסק ועל התכנית העסקית, וכמו כן ידון הניסיון המקצועי של המשקיע.

If you have any questions please email jacob@h1b.biz or on whatsapp: 1-619-203-9944 to discuss. Please also remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture

by

In this video attorney Jacob Sapochnick shares very exciting news for Israeli citizens. The U.S. Embassy has announced that Israeli citizens are now eligible for the E-2 investor visa. This is very exciting news because Israeli citizens have been waiting for Israel to be added to the E-2 visa program for years.

The U.S. Embassy in Israel has announced that Israeli citizens may begin to apply for the E-2 visa at the Embassy in Tel Aviv beginning May 1st.

The E-2 visa is a temporary (nonimmigrant) visa that can be used to develop, direct, or provide specialized skills to an enterprise in which the owner has invested a substantial amount of capital. With the implementation of this visa, Israeli investors now have the opportunity to invest in the U.S. economy and send qualified employees to the United States. Likewise, U.S. citizens will be eligible to apply for visas to invest in Israel.

To qualify for a Treaty Investor (E-2) visa:  

  • The investment must be substantial and sufficient to ensure the successful operation of the enterprise;
  • The business must be a real operating enterprise;
  • The investor must be traveling to the U.S. to develop and direct the enterprise;
  • If the applicant is not the investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

Once the Consular Section receives a complete E-2 visa application and reviews the applicant’s documentary evidence, applicants will be invited to schedule a visa interview in Tel Aviv.

During the interview applicants should be prepared to discuss details of the business and investment, the business plan and history, and the investor’s professional experience.

Interested parties should contact our office to schedule a consultation to determine eligibility.

For more information about the E-2 visa click here.

Please also remember to follow us on Facebook, Youtube, Twitter, and Instagram.

Capture