In this video, Attorney Jacob J. Sapochnick Esq. discusses one of your frequently asked questions: Is there a minimum investment amount required to apply for the E-2 Treaty Investor visa? To read more about the E-2 visa click here. To read about other visa types for start-up companies and entrepreneurs please click here.
Overview:
Although, there is no minimum investment amount required for the E-2 Treaty Trader Visa, the investment amount must be reasonable, to demonstrate that the business is not marginal and that it is the funds will be “at risk.”
As a general rule the investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, for new businesses, an amount normally considered necessary to establish the business.
Consider the following when coming up with the appropriate investment amount:
What is the type of business?
Where is the location?
How much money is typically required to run this type of business?
How many employees will you need to hire?
Consider cost of assets, equipment, operating, and other start up expenses
Typically, anything less than $50,000 would not be sufficient to convince the consulate or immigration service that your funds are committed and “at risk.” We would be happy to discuss your options. For a first time consultation please contact our office.
In this video, attorney Jacob J. Sapochnick Esq. discusses his new book, My American Job, designed to teach immigrants just like you how to land a job in the United States. Attorney Sapochnick came to the United States many years ago to fulfill his dream of studying and eventually practicing law in the state of California. After graduating law school, he learned just how difficult it was for a foreign national to get hired. In his book, Jacob provides helpful tips and strategies that will help you find your place in the American workforce.
Get advice and strategies on how to:
Be prepared, physically, mentally and financially, to maximize your chances for long term job success;
Overcome misconceptions and objections U.S. employers have about hiring foreign workers;
Navigate the job application and interview processes;
Land the job including how to leverage social media sites;
Use LinkedIn, Facebook, Twitter, and Google Plus for job searching;
Adapt to U.S. business customs, ideas, etiquette, and protocol;
Read about the real life success of foreigners who now live and work in the U.S.
In this video, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: I have a minor US Citizen child. Can I get a green card?
Overview:
This is a very common question. This question comes to us from a Chinese national who is currently in the United States on an H-1B Visa. This person asks: Can I get a green card based on the fact that I have a minor US Citizen child that was just born in the US?
In this situation because the child is under the age of 21, your child cannot file a petition for permanent residence on your behalf based on the fact that you have a minor child born in the United States. This is a very common misconception. Your child can only file for your immigration benefits once they reach the age of 21. A child must be at least 18 years old in order to petition for immigration benefits for their siblings, and then the sibling must wait for a visa number to become available based on the visa bulletin. You cannot obtain a green card just by having a US Citizen child. If you are in the United States on a visa you must find another way to remain legally in the United States until the US Citizen child reaches the minimum age or find another way to obtain a green card through employment. Parents of US Citizen children, residing in the United States unlawfully, can obtain cancelation of removal for their parents to shield them from deportation/removal proceedings. In this case the child does not need to be 21 years or older.
For more information about this topic please contact our office.
In this video, attorney Jacob J. Sapochnick answers one of your frequently asked questions: I stayed overseas after my green card expired. Can I renew my green card?
Overview:
This is a very important question that we often receive from our followers. Although the green card is a permanent resident card, there are certain rules you must follow to maintain your permanent resident status. If you leave the United States for more than one year, without obtaining a re-entry permit (a document that would preserve your residency), you may risk losing your green card.
In this particular situation, a person who has been out of the country for three and a half years is now at risk of losing their permanent resident status. There are two issues that arise with this situation. The first issue is that it is not going to be possible to renew the green card from overseas. Secondly, even if the green card had not expired, trying to re-enter the United States after such a long period of absence could be a problem. This is because the presumption is that you have abandoned your permanent residency, having been out of the country for so long.
Generally, persons who have stayed overseas for more than a year, but who maintain a valid unexpired green card, may apply for re-entry to the United States by applying for a returning resident visa called SB-1 at a U.S. Consulate overseas. To be successful, you must prove that you had circumstances that were beyond your control requiring you to stay overseas. This may be difficult to prove if you have stayed overseas for a prolonged period of time. The less time you spend abroad after the year, the easier it will be to obtain the SB-1 visa. You must also show that you are not abandoning your permanent residency.
If your green card has already expired and you are overseas, it will be very difficult to re-enter the United States, especially if you have stayed overseas for a prolonged period of time. In this situation you should consult with an attorney to discuss your options based on your situation.
Recap:
If you leave the US for more than a year without getting, for example, a reentry permit you may lose your green card.
Two issues: not possible to renew it overseas and it could mean you abandoned your residency.
Three years is considered a long time; card now is deemed abandoned. Best thing to do is to consult an attorney.
If your green card has not yet expired and you have stayed overseas for more than one year, you may be able to apply for the SB-1 Returning Resident Visa.
For more information about the SB-1, please contact our office.
In this video, attorney Jacob J. Sapochnick Esq., explains the F-1 student visa application process by examining a successful student visa case. For more information about the F-1 student visa please click here. For a first consultation please contact our office.
Overview:
A student visa is a good option for foreign nationals who wish to enroll in a short course of study that is more than 18 hours per week. The F-1 visa is a temporary visa that allows a foreign national to pursue their academic studies and/or enroll in a language training program. First time student visa applicants must attend an in-person interview at a U.S. consulate abroad if they are living outside of the United States. Please note that each U.S. embassy and consulate has its own interview procedures for student visas. Please visit the website of the U.S. embassy or consulate near you for more information.
Requirements for a student visa
To qualify, an alien must meet the following requirements:
The student must be enrolled in an academic education program, not a vocational-type program;
Educational institution must be approved by U.S. Citizenship and Immigration Services (USCIS);
The student must be enrolled as a full-time student at the institution;
The student must be proficient in English or be enrolled in courses leading to English proficiency;
The student must have sufficient funds available for self-support during the entire proposed course of study; and
The student must maintain a residence abroad which he/she has no intention of giving up
The student must demonstrate that they have legitimate obligations to return to their home country by providing sufficient proof of ties home such as a letter of future employment, proof of assets, proof of insurance payments, etc.
For more information about this program, please contact our office.
In this video, attorney Jacob J. Sapochnick Esq., discusses the K-1 visa and the requirements to apply. For more information about the K-1 visa please click here. For a first consultation please contact our office.
Overview:
In order to apply for the K-1 non-immigrant visa, the petitioner must be a United States Citizen. Legal Permanent Resident “Green Card” holders of the United States are not allowed to obtain a K-1 Visa for their foreign fiancee.
Both the petitioner (U.S. citizen) and the beneficiary (foreign fiancee) must be free to marry. This means that if either has been previously married he or she must be either divorced or widowed, or else the marriage must be legally annulled. A valid divorce that took place in a foreign country qualifies as legitimate for U.S. immigration purposes. You must be prepared to provide documented evidence of any divorces that have taken place (final divorce decrees from the authorized legal entity).
The petitioner and foreign fiancee must have the intent to marry within 90 days of the foreign fiancee’s arrival in the U.S.
The petitioner and foreign fiancee must have met in person within two years prior to filing the fiancee visa petition with the U.S. Citizenship and Immigration Services. There is a hardship waiver available for this requirement, but it is extremely difficult to obtain. The fact that the petitioner is too busy with his work, children, sick parent, etc. will not be adequate to obtain the waiver. To qualify for a waiver, most often there is a medical condition that prevents the US citizen from international travel.
The U.S. citizen petitioner must meet a minimum income requirement as outlined on Form I-864P, describing the poverty level set by Congress every year. If the U.S. Citizen petitioner DOES NOT meet the income requirement, they must obtain a joint sponsor. For more information about the poverty guidelines and affidavit of support please visit our website.
For more information about this program, please contact our office.
In this segment, attorney Jacob Sapochnick Esq., discusses the EB-5 visa program and Regional Center investments. For more information about the EB-5 program please click here.
Overview:
What is EB-5?
The EB-5 is a visa that allows an immigrant to obtain permanent residence in the United States based on an investment in a new commercial enterprise. The amount of funds that must be invested will depend on whether the investor will be investing in a project through a Regional Center. Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. To qualify for the EB-5 program, you must either invest half a million dollars in a Regional Center project or invest a million dollars in a new commercial enterprise (regular EB-5).
What is a Regional Center?
A regional center is a government designated program where investors invest up to half a million dollars together and throughout this process gain permanent residency. Currently, there are 864 regional centers throughout the United States, with projects in various different sectors including real estate, energy, export, wineries, etc. EB-5 is a popular program because investors are not required to physically or actively participate in the business they are investing in. They must however, invest funds into a new commercial enterprise or regional center and go through the necessary process.
Investors who are interested in a regional center project must be active in selecting a regional center. Attorneys cannot advise regional center clients on which regional center they should select. Attorneys can however provide general information and the pros and cons of working with a regional center. Attorneys can also warn individuals against making risky investments. Investors must do their homework and learn about the different regional centers and what type of project they would like to invest in. Attorneys cannot be actively involved in this process.
Typically once the regional center provides the agreement to the investor, the investor must sign the agreement and put down a deposit. Afterward, the application process for the EB-5 program begins
First investors must complete the I-526 application. This application allows the investor to obtain a conditional 2-year green card. It is conditional because the government wants to ensure that the funds have been invested and all other requirements of the EB-5 visa program have been met during the first 2 years of the project. If the application is properly filed and the investment funds are legitimate and verified, the I-526 application should be approved within approximately 8 months of filing.
Once the I-526 application is approved, the investor can proceed and file Form I-485 Application to Register Permanent Residence to apply for the permanent residence card. Once the green card application is properly filed it can take up to 6-10 months to receive the conditional green card.
To remove the conditions on the green card, investors must submit the I-828 Petition by Entrepreneur to Remove Conditions before their green card expires.
What happens to the funds at the end of the process will depend from regional center to regional center. Generally, there are ways for investors to get their funds back by selling their share in the project, etc.
To learn more about other types of investment visas please click here. Please call our office for a consultation.
In this segment, attorney Jacob Sapochnick Esq., addresses common E visa myths and the facts surrounding the E visa program.
Overview:
Here are the common myths and misconceptions that clients have about the E visa program:
The first myth is that you need to invest more than $100,000 to be able to obtain the E visa. This is not true. According to the law, in order to qualify for an E visa, the investment amount must be reasonable. The amount you will invest will depend on the type of business you trying to set up. For example, if you are interested in starting a consulting company, a reasonable amount would be $50,000 or higher depending on your expenses. If you are looking to start a restaurant, $50,000 would likely not be enough to cover your expenses. When considering how much money to invest, you must first determine the kind of business you want to invest in, and how much money you will need to properly set up the business and cover your expenses. We recommend that investors develop a 5-year business plan to explain how the investment funds will be allocated to cover the company’s expenses over an extended period of time. The business plan will also project the company’s growth and other important factors.
Keep in mind that the lower the amount is that you have invested in the business, the more you are going to have to spend from that money, before the case is filed with USCIS. Before a case is submitted to USCIS, most of the money must be invested in the new company, to show USCIS that your investment is committed and at risk.
The second myth is that investment in real estate qualifies for the E visa program. Unfortunately, investing in real estate is not sufficient for E visa purposes. To qualify for the E visa program, the new business must be active. Additionally, you must demonstrate to USCIS that new jobs will be created for Americans and that the company will generate revenues in the future.
Another question that typically comes up is whether E visa holders can work from home. In some cases, yes E visa holders may be able to work from home. We strongly advise against this. The more documented evidence the E visa holder can provide USCIS to prove that their investment is at risk, the higher the likelihood that the E visa will be approved. If you are running your business from home, there may be a presumption that you are minimizing your investment, and that your investment is not at risk. It is typically discouraged to set up the business from home for this reason.
Another common question is whether an investor can move money to the US, and upon approval of the E visa, transfer the money back to a foreign account. The answer is no. The money that you invest in the new company must be committed and at risk. If you transfer the money abroad once your E visa has been approved, you will not be able to extend your E visa, and you may potentially run the risk of being investigated by USCIS for fraud.
Overall there is no set amount that you need to invest, you cannot invest in real estate for E visa purposes, and it is not recommended that you work from home.
To learn more about the E visa, and other work visas please click here. Please call our office for a consultation.
In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.
Overview:
Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.
You can express your interest, or schedule an appointment by emailing us at info@h1b.biz. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.
Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.
Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.
To learn more about our dedicated staff members please click here.
In this segment, attorney Ekaterina Powell Esq. from the Law Offices of Jacob J. Sapochnick, answers one of your most frequently asked questions: How can I avoid an H-1B visa denial? For the answer to this question please keep watching. For more information about the H-1B visa please click here.
Overview:
There are 3 reasons an H-1B visa application is typically denied:
If USCIS believes that the position to be filled is not a ‘specialty occupation’ which typically requires a Bachelor’s Degree or its equivalent;
If USCIS believes the U.S. employer does not need the position within the company;
If USCIS believes the foreign worker does not meet the requisite qualifications for an H-1B visa such as the possession of at least a Bachelor’s Degree or its equivalent;
These denials can be prevented with careful planning when submitting the initial H-1B visa petition, by evaluating the foreign worker’s degree and credentials initially, and explaining the employer’s need for the position with the initial submission.
Immigration Lawyer Blog
