In this post, Attorney Jacob Sapochnick Esq, will explain the process of obtaining a green card based adjustment of status utilizing ShowMe drawing technology.
An immigrant who is married to a U.S. citizen becomes what is called an “immediate relative” in USCIS terminology. There are no limits on the number of immediate relatives who are allowed to apply for permanent residence (a green card) each year. The only waiting period is the time it takes for the paperwork to be processed by the U.S. government. But this is where things can get complicated.
Even if the immigrant is currently in the United States, he or she cannot count on being able to apply from within the U.S., through the process known as “adjustment of status.” Instead, the immigrant may have to leave the U.S. and apply for the green card overseas, through what’s called “consular processing.”
There are many benefits to staying in the U.S. during the entire green card application process. With adjustment of status, the couple won’t be separated, and the immigrant will receive a work permit once the application is pending at USCIS. The U.S. spouse, who must attend the interview, can provide moral support, and be on hand to answer any questions about his or her capacity as a financial sponsor. And, the couple can bring an attorney along; especially useful if there are any complications in the case, such as a criminal conviction.
The key to whether someone can adjust status is, in most cases, whether he or she entered the United States legally or illegally.
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.comhere and here.
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Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Myth: H-1B process is so complex and lengthy that it is not even worth trying
Reality: Despite certain complexities of the process, an immigration lawyer will take the employers through each step of the application making it as easy and painless as possible. The immigration lawyer will also be able to advise the employers on the proper H-1B recordkeeping and compliance procedures to protect the employers’ interests.
Even though adjudication of H-1B visa may take some time, the employers are always given an option to apply for Premium Service with USCIS, which guarantees 15-day processing of H-1B visa petition. Of course, even though the petition is approved, the H-1B worker cannot use it until October 1, but there are exceptions for OPT holders, which will be described below.
Follow us on Facebook: http://www.facebook.com/myimmigrationlawyer
Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Myth: H-1B process is so complex and lengthy that it is not even worth trying
Reality: Despite certain complexities of the process, an immigration lawyer will take the employers through each step of the application making it as easy and painless as possible. The immigration lawyer will also be able to advise the employers on the proper H-1B recordkeeping and compliance procedures to protect the employers’ interests.
Even though adjudication of H-1B visa may take some time, the employers are always given an option to apply for Premium Service with USCIS, which guarantees 15-day processing of H-1B visa petition. Of course, even though the petition is approved, the H-1B worker cannot use it until October 1, but there are exceptions for OPT holders, which will be described below.
Whether you plan to come to the United States for a short visit or a permanent stay, your first step is to apply for a visa.
Many people think they can show up at a U.S. embassy or border post, describe why they’d make a good addition to U.S. society, and be welcomed in. Unfortunately, this is the exact opposite of how the U.S. immigration system works.
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Call us with any questions: 619-819-92 04. Our website is at https://www.h1b.biz
After last-minute changes to Assembly Bill 60 (AB-60), the California Senate and Assembly voted to pass the bill.
This bill will enable millions of people to get to work safely and legally,” Governor Brown said in a statement issued after midnight following the passage of AB-60. “Hopefully it will send a message to Washington that immigration reform is long past due.”
Under AB-60, the licenses would have the initials DP (driver’s privilege), rather than DL (driver’s license), and would state that the document “does not establish eligibility for employment or public benefit.” California’s Department of Motor Vehicles will determine what type of documentation will be required to obtain a driver’s license.
It will become effective most likely in late 2014.
Watch this Video for Great Tip about Source of Funds for E2.
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The standards the US government considers for the E-2 visa include the requirements that:
Your investment must be “substantial”;
The stipulation that the enterprise may not be marginal means that your invested enterprise must have the capacity, present or in the future, to generate more than enough income to provide a minimal living for the E-2 visa investor and his or her family. The projected future capacity should generally be able to be reached within five years. In other words, if your investment can only make enough of money to support you and your families’ living, it would be deemed as marginal. Marginality can be documented through a strong and thorough Business Plan that documents the growth of the business, as well as the need and ability to hire additional U.S. workers.
Therefore, if the investor owns property abroad, it is suggested not to sell all assets to use for the E2. Keep some sort of additional funds or property to satisfy the Immigration service, you will support a substantial business.
Follow our E2 Visa section on the web: https://www.h1b.biz/lawyer-attorney-1137174.html
Your investment must be in a real and operating business and not a “paper company” or idle speculation;
Your investment may not be “marginal”;
You must have control of the funds used to purchase/operate the business and you must bear the risk of the investment.
We have been using Facebook as a great tool to distribute information and reach out to clients. Our Fan page has over 87,000 fans and we are growing.
Over 13,000 people signed up for this mega webinar, and many thousands of folks from all over the world tuned in live on June 4th, 2013. During the Webinar Mari Smith, World Expert on Facebook gave a few examples of successful Facebook Pages, and http://www.facebook.com/myimmigration… is featured a good example of an active Law Firm page.
