State Department Plans to Offer Domestic Visa Renewals

The US State Department will launch a pilot program this year that will offer L-1 visa and H-1B visa renewal options to those requiring to travel outside the United States, as reported by Bloomberg Law.  The stateside renewal option could eventually be expanded to other visa categories.

The Deputy Assistant Secretary for visa services in the Bureau of Consular Affairs has reportedly indicated that reinstating the visa renewal option which was discontinued in 2004 will cut down the workload of the consular posts abroad and will make it easier for visa holders to be able to travel abroad and return to the United States.

This is great news for employers and employees alike, particularly for foreign nationals of countries that are seeing very long visa wait times at the consulates such as India.

The L-1 is a dual intent non-immigrant visa category that allows for the transfer of managerial and executive personnel (L-1A visa) as also specialized knowledge employees (L-1B) from abroad to a related business in the United States.  The maximum stay permissible in the US on an L-1A is seven years, and five on the L-1B.

We at Davies & Associates will be monitoring the situation and provide updates as and when they become available.

By Zeenat Phophalia, Of Counsel, Davies & Associates


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Relief for Indians as US Mission launches Initiatives to Reduce Visa Wait Times

By Zeenat Phophalia

Most US consulates and embassies across the globe have had major reductions and delays in visa processing owing to tremendous backlogs induced by the pandemic.  The situation in India is no different and perhaps even worse – visa applicants, particularly first-time applicants have been encountering extremely long wait times.  The good news is that the US government has provided some much-needed relief. 

In an effort to cut back the very lengthy appointment wait times, the US Mission to India, on January 21, launched ‘Special Saturday Interviews’ which accommodate applicants who require in-person visa interviews.  Additional slots for appointments are to take place on select Saturdays in the upcoming months.

Also, to counteract the excessively long wait times and increase visa processing capacity, the Mission is implementing remote processing of interview waiver cases for applicants with previous US visas, and bringing in temporary consular officers from Washington and other embassies from January through March this year.  Additionally, its increasing its operating hours through the week to provide more appointment slots.

More than 2,50,000 additional B1/B2 appointments have been released which will significantly reduce the almost two-year wait time that first time applicants have been facing in this visa category.

Reportedly, the US mission in India is expected to be at full staffing and processing visas at pre-pandemic capacity by this summer.  In 2022, Indian posts adjudicated over 8,00,000 nonimmigrant visas including record numbers of both student and employment visas.

D&A will continue to monitor the situation on the ground and the steps the various posts are taking to mitigate processing delays and will update as more information become available.

See also

EB-5 Visas

L-1 Visas

How to apply for an EB-5 visa at the US consulate in Mumbai


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


US Customs & Border Protection

Green Card Validity Extended for Conditional Permanent Residents with a Pending Form I-829 or I-1751

By Zeenat Phophalia

The United States Citizenship & Immigration Services announced on January 23 that it is extending the validity of Permanent Resident Cards (Green Cards) for 48 months beyond the card’s expiration date.  This applies to those individuals who have a properly filed and pending Form I-751 (Petition to Remove Conditions on Residence) or Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status).

This extension change applied on January 11 for Form I-829 and took effect on January 25, for Form I-751 and has been made by USCIS to accommodate the increasing processing times of these cases.

USCIS has updated the language on Form I-751 and Form I-829 receipt notices to extend the validity of a Green Card to 48 months beyond expiry and will issue new receipt notices to eligible green card holders who previously received notices with an extension shorter than 48 months and whose cases are still pending. These receipt notices along with the expired Green card will serve as evidence of continued status while the I-751 or I-829 remains under processing.

Conditional permanent residents who plan to be outside of the United States for a year or more should apply for a reentry permit by filing Form I-131, Application for Travel Document, before leaving the United States.

Form I-829 relates to the EB5 Immigrant Investor Visa Program. The EB5 visa offers a route to a Green Card (US permanent residency) by investment. The minimum investment is $800,000, which must come from acceptable sources of funds and must create ten jobs. A qualifying family unit is permitted to apply together under a single investment.

Contact us for more information.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Grenada CBI to the E2 visa

New Law Impacts those Seeking E2 Visa via Citizenship by Investment (CBI) Route

Just before breaking for the holidays, Congress passed the National Defense Authorization Act. Buried within this gigantic bill was a provision to add Portugal as an E2 country and a clause stipulating that anyone who acquires citizenship through a financial investment must be domiciled in that country for three years before they can apply for an E2 visa

We recently held a series of webinars on this topic, scroll down to view the recording.

Does the change to the law impact me?

If you are interested in applying for an E2 visa, but you do not come from an E-2 Treaty country, this legislation could impact you. India, China and Vietnam are among the countries that do not have an E-2 treaty with the United States. Click here for the full list.

Why would I want to apply for the E2 Visa?

The E2 Treaty Investor Visa category permits an applicant to make a substantial investment in a US business or franchise and move to the US for the purposes of running that business. 

  • Relatively low investment expectations (usually > $100,000, sometimes less)
  • Ability to travel freely to and from the United States
  • Unlimited renewals subject to conditions
  • Spouse & children under 21 can accompany applicant to US
  • Spouse permitted to work in the US
  • No annual caps/quotas
  • Relatively quick processing times

What if I am not a citizen of an E2 Treaty Country?

If your country is not on the list of E2 countries, then are able to apply if you first obtain citizenship of an E2 country. One of the fastest ways to obtain citizenship of an E2 treaty country is via the Grenada Citizenship by Investment Program or the Turkey Citizenship by Investment Program. The new law will have implications for this pathway to an E2 visa.

What should I do next?

If you already hold Grenadian or Turkish citizenship that was acquired by investment, you should contact us immediately. There may be a small window to submit an E2 visa application before the changes take effect.

What if I have not started the process yet?

We recently held a webinar to discuss potential solutions, click below to watch the webinar and contact us to discuss your options.

Watch our webinar

Useful links:

Grenada Citizenship by Investment Program  

Turkey Citizenship by Investment Program.

Just before breaking for the holidays, Congress passed the National Defense Authorization Act. Buried within this gigantic bill was a provision to add Portugal as an E2 country and a clause stipulating that anyone who acquires citizenship through a financial investment must be domiciled in that country for three years before they can apply for an E2 visa. 

We will be holding webinars on this topic in January 2023.
Scroll down for details.
This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.

US Government Proposes Major Fee Increases for Visa Applications

The United States Citizenship and Immigration Services (USCIS) has published a proposed rule in the federal register that seeks to increase fees for certain immigration benefit requests which includes H-1B visas, L-1 visas and EB-5 visas.  At this stage the fee revision is only a proposal and will go through a period of public consultation through March 6, 2023.  Given the length of the review process, the proposed fee rule will not be applicable for at least several months.

USCIS’s proposed fee schedule represents a 40% weighted average increase. The fee increase, as justified by the agency, is essential for cutting down processing times and backlog and increasing overall efficiency. 

Some key fee revisions are:

Employment Visa Categories

The proposed fee for filing an: L-1 petition is $1,385, an increase from the current $460; H-1B petition is $780, an increase from the current $460 (H-1B cap registration fee would increase to $215 per registration from $10).

EB-5 Investor Visa

Form I-526 & Form I-526E fees (Immigrant Petition by Alien Entrepreneur/Regional Center Investor) would be increased from $3,675 to $11,160. Fee for Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) would be increased from $3,835 to $9,525.

New fee of $600

USCIS has also proposed a new Asylum Program fee of $600 to be paid by employers who file either a Form I-129, Petition for a Non-immigrant Worker, or Form I-140, Immigrant Petition for Alien Worker.

Proposed Fee Increases in Key Visa Classifications  
FormCurrent FeeProposed FeeDifference
Asylum Program FeeN/A$600N/A
I-129 Petition for H-1 Non-immigrant Worker$460$78070%
I-129 Petition for L Non-immigrant Worker$460$1,385201%
I-129 Petition for O Nonimmigrant Worker$460$1,055129%
I-129   Petition for E & TN Non-immigrant Worker$460$1015121%
I-129 Petition for Nonimmigrant Worker: H-3, P, Q or R Classification$460$1015121%
I-140 Immigrant Petition for Alien Worker$700$7152%
I-765 Application for Employment Authorization —
Online | Paper
$410 |
$410      
$555 | $650  35% |
59%
Form I-526, Immigrant Petition by Standalone Investor$3,675$11,160204%
Form I-526, Immigrant Petition by Regional Center Investor$3,675$11,160204%
Form I-131, Application for Travel Document575$63010%
Form I-130 Petition for Alien Relative (Online) (Paper)      $535 $535      $710 $820      33% 53%

*The entire list of all proposed fee changes is available at 2022-27066.pdf (federalregister.gov) (page 18)

The proposal also includes provisions to lengthen the premium processing timeline from 15 calendar to 15 business days.

By Zeenat Phophalia, Of Counsel, Davies & Associates


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


L-1 Visa petition for Indian

DOS Extends Interview Waiver for Certain Employment Visa Categories

On December 23, 2022, the US Department of State extended the in-person interview waiver for certain non-immigrant visa categories by another year, i.e., through December 31, 2023.  Consular officers will be authorized to continue to waive in-person interviews on a case-by-case basis for certain first-time and/or renewing applicants. 

Under this new policy, the following applicants will continue to remain eligible for an interview waiver through December 31, 2023:

  • Individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who were previously issued any type of visa, and who have never been refused a visa unless such refusal was overcome or waived, and who have no apparent ineligibility or potential ineligibility; or
  • Individual petition-based H-1, H-3, H-4, L, O, P, and Q applicants who are citizens or nationals of a country that participates in the Visa Waiver Program, provided they have no apparent ineligibility or potential ineligibility and have previously traveled to the United States using an authorization obtained via the Electronic System for Travel Authorization (ESTA).

Applicants renewing a visa in the same classification within 48 months of the prior visa’s expiration also remain eligible for interview waiver until further notice.

Note that consular officers may still require an in-person interview on a case-by-case basis, Applicants are advised to check embassy and consulate websites for more detailed information and specific procedures.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


EB-1, E-2 Visa for NIEs during Covid

Automatic Extension of Green Cards for Certain Naturalization Applicants

By Zeenat Phophalia, Immigration Attorney, D&A

Effective December 12, 2022, US Citizenship and Immigration Services (USCIS) will grant an automatic extension of the validity of Permanent Resident Cards (green cards) for lawful permanent residents (LPRs) who have applied for naturalization by properly filing Form N-400, Application for Naturalization, on or after this date.

Green card holders who file the N-400 may receive a 24-month extension regardless of filing the Form I-90 – application for green card renewal.  The Form N-400 receipt notice can be presented with the expired green card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9) (within the 24-month extension period).

Under USCIS’ prior policy, applicants who did not apply for naturalization at least six months before their green card expiry had to file Form I-90 to maintain their status; applicants who had applied for naturalization at least six months prior were eligible to receive an Alien Documentation, Identification, and Telecommunications (ADIT) stamp in their passport, which served as temporary evidence of their LPR status. 

LPRs who filed for naturalization prior to December 12, 2022 will not receive a Form N-400 receipt notice with the extension.

USCIS is providing this extension in an effort to cut down on the lengthy I-90 processing times that can sometimes impact a green card holder’s I-9 employment verification process.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


EB-5 Regional Center Program faces reauthorization in the US

New Legislation may add Three Years to Obtaining E2 Visa Via Grenada or Turkey CBI

UPDATE: CONGRESS HAS NOW PASSED THIS BILL. IT WAS FOLDED INTO THE NATIONAL DEFENSE AUTHORIZATION ACT (NDAA) AND PASSED THE HOUSE AND SENATE ON DECEMBER 16. IF YOU ARE SEEKING AN E2 VISA VIA CITIZENSHIP BY INVESTMENT, PLEASE CONTACT US TO DISCUSS YOUR OPTIONS.

The US House of Representatives has passed the Advancing Mutual Interests and Growing Our Success (AMIGOS) Act, which could have repercussions for those seeking an E2 Visa via Grenada or Turkey.

While the AMIGOS Act is aimed at opening the E2 Treaty Visa and the E1 Treaty Trader Visa to Portuguese citizens, it also includes a clause stipulating anyone acquiring citizenship of an E2 country or E1 country via investment must hold that citizenship for three years before they are eligible for to apply for an E2 visa or E1 visa.

How might this ruling affect me and my potential E2 Visa application?

The E2 visa permits a citizen of a treaty country to move to the United States for the purposes of investing in and operating a business or franchise. If you are not a citizen of an E2 treaty country, you are currently permitted to become a citizen of an E2 country and then apply for an E2 visa. There are currently no rules regarding the length of time you must hold citizenship of an E2 country before applying.

Davies & Associates was one of the first US law firms to assist clients through this two step process of acquiring citizenship by investment and then an E2 visa. Most of our clients typically obtain citizenship by investment (CBI) of either Turkey or Grenada because both are E2 Treaty countries with relatively fast and cost-effective routes to citizenship. Once we have assisted our clients with obtaining their Turkish or Grenadian passport, we then assist them with applying for an E2 visa. The process can take as little as six to nine months, but under the changes proposed in the AMIGOS Act this would increase to just over three years.

In fact, just last week, we obtained an E2 visa for an Indian client who first had to obtain a Grenada passport because India does not hold an E2 Treaty with the United States. The whole process was wrapped up in less than a year (including a six-month delay because E2 processing was suspended at the US Embassy in Barbados which covers Grenada). India is not the only country not to be eligible for the E2 visa – Russia, China, Vietnam, South Africa also do not hold E2 treaties with the US. Click here for a full list of countries with an E2 treaty with the United States. If your country is not on the list you would first need to obtain citizenship of an E2 country.

Will the AMIGOS Act become law?

The AMIGOS Act has just passed the House of Representatives. For it to become law, it would also need to pass the Senate. Frequently the bill introduced in one chamber is not the same as the bill introduced in the other chamber. If different bills are passed in both houses then the two bills go to “conference” where the differences are ironed out into one mutually agreeable bill.

We currently do not have visibility of the Senate bill or whether this would be given time in the Senate. With one chamber, the House, controlled by the Republicans, and the other chamber, the Senate, controlled by Democrats, it can often be tricky to get any legislation passed. However, since the target of this bill is improving bilateral relations with Portugal, it may receive bipartisan support. The changes to the length of time a person must hold citizenship are not the headline part of the bill and may pass under the radar.

Next Steps…

As we do not know whether or not the AMIGOS Act will pass, we cannot advise clients definitively on this matter. If you are considering an E2 application via Grenada or Turkey you may wish to try to complete the process soon in case the AMIGOS Act becomes law.

There is no information on whether this would retroactively impact people who already hold an E2 visa based upon Grenada or Turkish citizenship that has been held for less than three years. Please note, the AMIGOS Act, as passed by the House only impacts people who obtain citizenship by investment. If you obtain citizenship of an E2 country via non-investment routes, you would still be permitted to apply for the E2 visa immediately under the proposed law.

It is also worth noting that, for some of our Grenada CBI clients, the primary applicant has filed a joint application with their spouse. But for others, the primary applicant has applied for Grenada CBI as an individual and then the spouse has obtained their passport later by virtue of their marriage to a Grenadian citizen. It is difficult to know at this stage how a US consular officer would view an E2 application from the spouse under this second scenario – i.e. whether they would be subjected to the three year rule proposed in the AMIGOS Act.

This is a developing story. To learn the latest information and to learn more about CBI to E2, please contact our firm for a free consultation.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Transmission of US Citizenship to Children Born Abroad

By Zeenat Phophalia Immigration Attorney, D&A

Several thousands of Americans live and work outside the United States and have children in different countries.  This, however does not mean that such children born outside of America to either both or one American parent would be deprived of US citizenship.  While it’s common knowledge that anyone born in the US is automatically a US citizen by virtue of birth, there is much less familiarity with citizenship laws that may apply to children born abroad to US citizen parents.  Laws governing such acquisition of US citizenship can be complex and have been amended several times, thus making them difficult to navigate. 

The determination regarding acquisition of citizenship by a child born outside the US is based on a variety of factors, including the law in existence at the time of the child’s birth, the total amount of physical presence of the US citizen parent(s) prior to the child’s birth and, in some cases, the marital status of the parents. 

This is quite a complicated and nuanced topic of immigration law and this article seeks to provide a brief overview and general guidelines.

Broadly, these are the main categories in which children born outside America (abroad) can obtain US citizenship through their parent/s:

  1. By Birth.

A child born abroad in wedlock to two US citizen parents acquires US citizenship at birth if at least one of the parents had a residence in America (or one of its outlying possessions) prior to child’s birth and at least one of the US citizen parents is a biological parent.

On the other hand, a child born abroad in wedlock to a US citizen and a non-US citizen parent (on or after November 14, 1986) will acquire US citizenship at birth if the US citizen parent had been physically present in America (or one of its outlying possessions) prior to the child’s birth for at least five years (out of which at least two years were after the parent attained age 14).

Soon after the child’s birth abroad, the parents should contact the nearest local US consulate or embassy to obtain a formal document certifying the acquisition of US citizenship by their child, known as, Consular Report of Birth Abroad (CRBA). 

  • Child Residing in the US.

A child under 18 years of age can acquire US citizenship if he or she has at least one US citizen parent by birth or naturalization, has been admitted to the US in lawful permanent resident status (as an immigrant) and resides in the country in the legal and physical custody of his or her US citizen parent, after admission to the US.

Under this provision, the child can apply for a US passport based on the proof of: his or her relationship to the US citizen parent (which is typically evidenced by be a certified copy of the foreign birth certificate); and child having resided in the US in the legal and physical custody of the US citizen parent(s) pursuant to a lawful admission for permanent residence (evidenced by the I-551 stamp or the child’s permanent resident card and other relevant documents such as school and medical records, etc.).

  • Child Residing Outside the US.

A child under 18 years of age who lives abroad in the legal and physical custody of the US citizens parent/s, can acquire US citizenship if such child has at least one US citizen parent by birth or naturalization; the US citizen parent has been physically present in the United States for a total of at least 5 years (at least two of which are after age 14) at the time of or after the child’s birth (but before the child turns 18).  The child needs to be temporarily present in the US pursuant to a lawful admission to apply for a certificate citizenship through the US Citizenship and Immigration Services (USCIS) and take an oath of naturalization to complete his or he citizenship acquisition. 

To learn more about family immigration, please contact us for a free consultation.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content..

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Set up beauty company in US

Approved: E2 Visa for Owner of Norwegian Skincare Company

We are happy to share that we have successfully assisted a Norwegian national with his Visa E2 USA application. The client acquired an existing company which is a developer, manufacturer, marketer, distributer, and online retailer of organic skincare products.

The E2 business

The Company offers its skincare products to markets across the globe, including the U.S., Europe, Mexico, Taiwan, and Southeast Asia. ISUN Skincare’s product line consists of both professional products sold to business-to-business (B2B) clients and retail products for sale through business-to-customer (B2C) channels. 

Challenges

There were a lot of challenges to overcome with the application. The total acquisition cost of the company is in the millions and the applicant was only able to make a 10% down payment. Our team had to work with the client and the seller to structure the deal to make the investment E-2 compliant. We also successfully used the escrow account mechanism to minimize the risk on the part of the applicant/investor.

What is an E-2 Visa?

The E-2 Treaty Investor Visa permits citizens of treaty countries to move to the United States to invest in and run a business there. While there are no minimum investment levels, E-2 investors must make a substantial investment in a US business – which could also include a franchise. The E-2 visa is a temporary, non-immigrant visa, but it is possible to keep renewing the visa so long as the underlying business continues to operate. Spouses of E-2 visa holders are authorized to work in the United States and children under 21 can accompany their parents.

What if you are not from an E-2 Treaty Country?

Check our list to see if your country has an E-2 treaty with the United States. If it does not have an E-2 treaty and you wish to apply, you can first become a citizen of an E-2 treaty county. Our firm offers a Grenada Citizenship by Investment + E-2 Visa package and a Turkish Citizenship by Investment + E-2 Visa package. Contact us for more information.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content..