Articles Posted in Non immigrant Visas

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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

  1. 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.
  2. 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.
  3. 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.
  4. 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.

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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.

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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.

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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:

  1. If USCIS believes that the position to be filled is not a ‘specialty occupation’ which typically requires a Bachelor’s Degree or its equivalent;
  2. If USCIS believes the U.S. employer does not need the position within the company;
  3. 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.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What options do I have if my H-1B or L-1 visa is denied? For the answer to this question please keep watching. For more information about these visa types, please click here.

Overview: 

Typically, there are two options to rescue a work visa application that has been denied, including an H-1B or L-1 visa petition. Once a work visa petition has been denied, attorneys have 30 days to file either a motion to reopen or appeal the decision based on the facts of the case. Filing a motion to reopen is highly effective in situations where the immigration officer may have overlooked an important fact, misinterpreted the law, or did not consider important factors during the adjudication process. Motions to reopen give attorneys the opportunity to point out important factors that were included in the original petition, that may have been overlooked. Immigration officers are often overburdened by the high volume of applications waiting to be adjudicated, therefore it is not unusual for immigration officers to overlook important aspects of a petition. New evidence cannot be introduced in a motion to reopen. Our attorneys decide which option is the most appropriate on a case by case basis.

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: My husband is a green card holder and I am an F-1 student. Can I stop school, stay, and work in the United States? For the answer to this question please keep watching. For more information about filing an I-130 as a green card holder, please click here.

Overview: 

If I marry a permanent resident in the US, without any other visa, can I now stay, live, and work in the United States?

Unfortunately, you cannot live and stay in the United States, without any other visa, even if your husband is a legal permanent resident (LPR), who is planning to file Form I-130 Petition for Alien Relative on your behalf. The fact that your LPR spouse is going to file the I-130 petition on your behalf, is NOT going to allow you to stay in the United States on that basis alone. This is because, for permanent residents, spousal visas are subject to a numerical limitation.  Once the I-130 petition is filed, the immigrant spouse must wait until their priority date becomes current according to the visa bulletin. Once the petitioner becomes a US Citizen, a spouse visa then becomes immediately available. While their priority date becomes current, the immigrant spouse should remain in the United States in a different visa category, which in this situation would be in student visa status.

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and how the lottery process works. A congressionally mandated cap exists for the H-1B program, limiting the issuance of H-1B visas to 65,000 per year. This is why the H-1B visa is commonly referred to as a ‘lottery’ visa. Individuals holding advanced degrees are exempted from the 65,000 cap. The priority deadline for filing of the H-1B visa is April 1, 2016. For more information about the H-1B visa please click here.

What is the H-1B Program?

The H-1B program was enacted by Congress with the intention of helping American employers seek out distinguished foreign workers who possess the necessary business skills and abilities absent within the American workforce. The provisions of the H-1B program allow qualified foreign workers to attain temporary employment having met specific requirements, while protecting American workers from being negatively affected by the temporary employment of these workers.

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In this segment, attorney Jacob J. Sapochnick discusses the H-1B visa and gives you insider tips on how to file the perfect H-1B visa package. To learn more about the H-1B visa click here. To read our H-1B visa guide please click here.

Overview: 

  • The H-1B nonimmigrant visa petition may be filed starting April 1, 2016;
  • The Labor Condition Application (LCA) can be submitted to the Department of Labor no earlier than six months. Due to this you must include a starting date on the LCA that comes before October 1st, 2016;
  • Regarding US degrees, one must submit proof by way of an official of the school: dean, registrar, etc.;
  • There are regulations that extend the authorized stay of all F-1 students under the Cap Gap exemption;
  • Be very clear with the attorney working on your case as to the kind of position that you will be applying for.

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In this segment, attorney Jacob J. Sapochnick answers one of our most frequently asked questions: I am an H-1B visa holder, and just found a new job. How can I start working for my new employer? To learn more about the H-1B visa click here.

Overview: 

  • You may start working for a new employer, as soon as you have found a committed employer willing to file a petition for you. However, you do not need your petition to be filed in order to start working for the new employer. Additionally, you do not need to have an approval for the new employment in order to begin employment;
  • The American Competitiveness 21st Century Act allows an immigrant to begin working for a new H-1B employer as soon as that new employer files a petition.

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In this segment, attorney Jacob J. Sapochnick discusses the key to filing a successful self-employed H-1B petition. For more information please contact us for a consultation.

One of the most important factors in filing a successful self employed H-1B petition is to demonstrate that there is an existing board of directors that would relieve the H1B employee from taking major decisions.

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