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 E-2 visa 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..


Lay-offs at Twitter – Impact on Immigration Status of Foreign Employees

By Zeenat Phophalia Immigration Attorney, D&A

In a move that sent shockwaves, Twitter laid off half of its workforce on Friday, November 4, according to a Reuter’s report.  Hundreds of these employees who are in H-1B, L-1 or O-1 status would be put on a deadline to get another job or leave the country.  As reported by Forbes, an estimated 8% of Twitter’s employees are on an H-1B visa, based on a National Foundation for American Policy analysis of U.S. Citizenship and Immigration Services (USCIS) data.

The L-1, H-1B and O-1 visa each have a different set of rules.  For the H-1B, the rules provide a 60-day grace period after termination and during this grace period, it’s important that the employee has either: another employer to file the H-1B, switches status to another non-immigrant visa category (F-1, B-1, H-4) or leaves the US.  In the absence of the occurrence of any of these, the person would be deemed to have violated his immigration status upon exceeding the grace period.

Generally, H-1B employees are able to have their employment petition transferred from one employer to another.  That’s no so in the case of L-1 intra company transferee employees; they typically have a more difficult time in situations of termination and lay-offs, often resulting in them having to leave the country. An L-1 employee’s employment is premised on a qualifying relationship between the US employer and its related foreign entity abroad as well as the employee’s prior qualifying employment at the foreign entity abroad.  Hence, L-1 employment cannot be transferred to another employer, unlike the H-1B.

Employers are required to notify the USCIS upon termination of an H-1B employee and are liable for reasonable costs of the employee’s return transportation (if the employment is terminated prior to the end of the authorized period).

If you would like to disucss any of the issues raised in this article, please contact us


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..


Technology Visas

Who Actually Qualifies for the L-1 Intracompany Transfer Visa for Managers & Executives?

Immigration Attorney Zeenat Phophalia delves into which staff members are eligible for the L-1A Visa and what constitutes a personnel manager and a function manager.

The L-1 visa classification for intracompany transferees comes in two categories: L-1A (managers and executives) and L-1B (special knowledge workers).  The L-1A allows a foreign company to transfer managers and executives to its related U.S. parent, subsidiary, affiliate or branch office. 

An L-1A manager is generally someone who supervises and manages professional, managerial or supervisory employees, as evidenced by a clear chain of workers reporting up to such manager. 

In addition to this “personnel” manager role, the L-1A classification allows for what is known as a Function Manager – someone who manages an essential function within the organization. 

While the standard applicable to a personnel manager who manages employees is well established, there had been lack of guidance and clarity on what needed to be proven to qualify as a function manager. 

In 2017, the USCIS, provided guidance by adopting the Administrative Appeals Office (AAO) decision in Matter of G- Inc., that sets forth a five-prong analysis to determine L-1A function manager qualification.

Matter of G- Inc. clarifies that, to establish that a beneficiary/employee will be employed in a managerial capacity as a “function manager,” the petitioner must demonstrate that:

  • (1) the function is a clearly defined activity;
  • (2) the function is “essential,” i.e., core to the organization;
  • (3) the beneficiary will primarily manage, as opposed to perform, the function;
  • (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed;
  • (5) the beneficiary will exercise discretion over the function’s day-to-day operations.

An essential function, as noted by the AAO, in the above decision, is a function that is “fundamental,”core” or “necessary” to the company’s business and one that the manager will manage versus performing. 

An organization could have more than one core activity “such as the manufacture or provision of an end product or service, and research and development into other products or services,” as was noted by the AAO.  

While assessing the essential function prong and the other criteria, USCIS will typically evaluate the entire record: overall organizational structure and hierarchy; description of the manager’s duties – products, services or component that he will manage; seniority within the organization; nature of administrative support if any; and so on. 

Often times, it can be harder for smaller organizations to establish that a function is a clearly defined activity and fundamental to the business.  That said, the best approach would be to explain the function with as much specificity as possible while emphasizing the core and essential nature of the activity/function vis-à-vis the organization and its impact on business, and justify how the employee will manage the function at a senior level within the organization.

The adopted decision in Matter of G- Inc establishes policy guidance that USCIS adjudicators are bound by and obligated to follow; it does not apply to the Department of State and so consular posts abroad are not bound by the decision, often times leading to conflicting and different interpretations of the scope of a function manager by consular officers.

To learn more about the L-1 Visa, please click here to contact us and request and appointment.


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.


Employment-Based Green Card Quotas

US Releases 100,000 New Visa Appointments in India

The US embassy in India has announced that it is releasing 100,000 new appointments for H visa and L visa applicants. The move will go some way towards clearing the backlog caused by the Covid-19 pandemic.

The US embassy in New Delhi and the five satellite consulates suffered long closures that have caused delays to visa processing. This is a particular problem in a country that tops the list for a number of different US visas categories.

Over the past year we have had to get creative for our clients facing long waits. For example, we have helped clients obtain quicker appointments by booking slots at the US consulate in Ho Chi Minh City, Vietnam instead. This requires careful planning between our India teams and our Vietnam team. Our Vietnam team has been on the ground to provide in-country support once our Indian clients arrive. Indians require a visa for Vietnam, which can be applied for online.

However, many do not have the time or means to get the Vietnam, so the news of new slots for H and L visa appointments is welcome.

The H-1B visa for highly skilled professionals is the most popular visas in India. In fact, Indians account for around three quarters of all H-1B applicants globally. D&A assists H-1B clients with exploring options for staying in the United States before their six years time limit is reached. For example, it is possible to file and Adjustment of Status from H-1B to EB-5 through the Investor Visa program.

The L Visa is for intracompany transfer to the related US office of the Indian firm. The L-1A is for managers & executives and the L-1B is for specialized knowledge employees. Under the L visa rules, it is possible to establish a new US office of your company and transfer yourself as the owner, or other qualifying employees. You must establish a qualifying relationship between the Indian business and the new US business that is being created.

The US has five consulates in India in addition to the embassy in Delhi. They are located in Mumbai, Hyderabad, Bengaluru, Chennai and Kolkata. If you are booking an appointment for EB-5, you can only do so in Mumbai. Watch our how-to video:

Applying for an EB5 Visa appointment in India

See also

L Visa Appointment Guide: Chennai

L Visa Appointment Guide: Mumbai

L Visa Appointment Guide: New Delhi

L Visa Appointment Guide: Hyderabad

L Visa Appointment Guide: Kolkata


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 Immigration Lawyer

Numerous Recent Visa Approvals for D&A Clients

The clients of our firm have been granted a number of different visa approvals over the past week, with the feeling that the Covid pandemic is increasingly behind us. Here are some examples:

E2 Visa for Singapore National Setting Up Advisory Firm in California

We are happy to share that we have secured an approval for another E2 Treaty Investor Visa applicant from Singapore. The applicant will operate as an advisory firm in California. The Company will raise money from qualified investors who will acquire limited partnership interests in a limited partnership fund, and then advise the fund to make minority equity investments in selected startups. The Company will receive advisory fees from the fund and a profit in the form of carried interest when the equity held by the fund in a startup is acquired by an acquirer, or when the startup goes for an initial public offering. 

The E2 company will be committed to partnering with frontier tech entrepreneurs as they start out, becoming their trusted advisor and providing them with the necessary advice to succeed. The Company’s investment philosophy will be to patiently identify and invest in highly-qualified entrepreneurs and accelerate growth through its network of executives in the IT Industry. It will coach frontier tech startups on initial customer selection and how to create compelling marketing pitches. The Company will facilitate meetings with lighthouse customers to help startups achieve success fast. Lighthouse customers are consumers who embrace a product soon after its launch. They will provide considerable and critical feedback to help startups develop and refine their products. Identifying and developing strong relationships with these customers is crucial for startups’ future success.

E2 Treaty Investor Visa for a Swiss National

The E2 Treaty Investor invested in a farm management company based in California. The company will provide custom harvesting and farm management services. The Company purchased selected farming equipment to provide local farmers with harvesting services that will maximize their output and profitability. Additionally, the company will hire agricultural advisory who will help farmers select crops for planting and organize their entire annual cycles to increase their operations’ cost-effectiveness. 

The company will provide its services to farmers from Fresno, Woodland, and Lodi, Californian cities known for their disproportionately high agricultural output and excellent products. The Company will focus on nut tree farmers, primarily those that cultivate almonds and pistachios. 

L1 Visa Extension for a Polish Shipping and Logistics Executive

We have helped a US company secure an extension of status for its current President on L-1A visa. Established on January 8, 1992, the US company was founded with the purpose of securing proper representation of a state-owned shiping company in Poland in North America and to conduct business in the lucrative North American market.  The US Company represents the Polish company’s  interests in all aspects and matters concerning North and Central America and the Caribbean markets; providing the closest and most effective link between Poland’s largest ship owner and all current and future business partners and customers.

As General Agent for the PZM Group in North American and Caribbean ports, the US company provides the following services:

  • Serving as financial center (treasury department/cash manager) for various financial transactions involving United States currency
  • Serving in a similar capacity for North American and Caribbean operational activities 
  • Serving as Chartering Broker for the Polish company’s vessels
  • Supervising execution of shipments performed by vessels within North and Central America
  • Arranging port operations through local Agents’ network, dealing with contractors and sub-contractors, including tugs, pilots, stevedores, terminal operations, holds/tanks cleaners, slop disposal services, ship chandlers, etc.
  • Arranging bunkers and spare parts supplies for vessels, including dealing with suppliers and bunker brokers
  • Controlling all costs and expenses regarding ship’s call to North American market
  • Arranging and coordinating crew changes
  • Arranging cargo, ship, draft, bunker, class, technical surveys and all necessary reports

H-1B for an Indian Developer

The US Company was set up in 2016 and it aims to empower enterprises to unleash the power of cloud on their terms by helping them rapidly achieve continuous and autonomous cloud governance at scale. The company enables enterprises to realize outcomes across FinOps, SecOps and CloudOps such as 40% decrease in cloud costs and 50% increase in operational efficiencies by governing operations, security, cost, access, and resources. CoreStack also assures 100%compliance with standards such as ISO, FedRAMP, NIST, HIPAA, PCI-DSS, AWS CIS & Well Architected Framework (WAF).

Enterprises face significant cloud challenges including unpredictable and unabated cloud costs, ever growing security risks, stringent regulatory compliance needs and operational complexities as they navigate the digital transformation journey. The company helps enterprises overcome these challenges by offering deeper cloud visibility, preventative governance

guardrails, and automatic remediation. With a unique Cloud-as-Code approach that uses deep AI/ML, declarative definitions, connector-less model, and a patented cloud service-chaining technology, CoreStack continually innovates to harness the real power of cloud. The company works with many large global customers across multiple industries including Financial Services, Healthcare, Retail, Education, Telecommunications, Technology and Government.

The H-1B beneficiary will assume the position of a Developer who will perform highly specialized duties in the occupation of application development and analysis with a focus on software application design and development and engineering support.

By Verdie Atienza, Head of E2 & L1 Visa Practice Group


US Immigration Lawyer

Celebrating Three New L1 Visa Approvals Last Week

Our firm is celebrating the approval of three L1 visas this past week. The clients are from as far and wide as India and Canada, and the business sectors range from IT to construction. Read more below.

The L1 Visa permits the intracompany transfer of qualifying employees from the overseas branch to the US branch of a related company. You can either move staff to an existing office in the US or establish a new one (a New Office L1). Managers and executives may be eligible for an L1 visa that is renewable up to a maximum of seven years, while specialized knowledge employees may apply for an L1B visa, which is renewable up to five years. L1 visa holders are permitted to seek permanent residency (Green Cards), for example under the EB1C Visa route for international managers and executives.

Read more about L1 Visa

  1. L1A for a manager of construction and landscaping materials company in Canada

The Canadian Company, engaged in supplying construction and landscape materials in the Province of Ontario established presence in the US by acquiring an existing stone and construction equipment supply company in Florida. The petition was filed on behalf of the beneficiary to grow and expand the business.

  1. L1A for an Executive of an Importer and Wholesaler of Home Décor and Fragrances from India

The US company was set up to expand the operations of the Indian entity which has been engaged in importing and wholesaling of home décor and fragrances. The US Company will be selling products from India to brick-and-mortar stores as well as online. They are planning to have at least three warehouses that will allow the company store and easily service its clients. In addition, the Company will engage in the export of products to other countries, including Canada and the United Kingdom, as well as countries within the European Union and across Latin America.

3. L1B for a Cloud Solution Architect from India. 

The Petitioner provides a multi-cloud governance platform used to manage cloud resources in public cloud like AWS, Azure, Google Cloud etc. The goal of cloud governance is to enhance data security, manage risk, reduce cost and enable the smooth operation of cloud systems.  As a cloud governance provider, the Petitioner helps companies rapidly achieve continuous and autonomous cloud governance at scale across Financial operations (FinOps), Security Operations (SecOps) and Cloud operations (CloudOps).  

The Petitioner enables organizations with multi-cloud strategies and business models to monitor, act, and report from a single, unified dashboard. By building a secure, high-performing, resilient and efficient infrastructure with nextGen multi-cloud governance, the company helps achieve continuous and autonomous Cloud Governance at scale.

If you are interested in learning more about the L1 Visa or starting an application, 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.


Immigration for Telecoms Professionals

L1A Visa Petition Approval for a Nigerian Telecoms Executive

We are happy to share that have obtained another L1A visa petition approval. This time it is for a Nigerian telecommunications executive.

The US company, which is an affiliate of a Nigerian company, offers a range of telecommunication services, including installation and maintenance of telecom equipment related to the Global System for Mobile Communications (GSM), code-division multiple access (CDMA), and WiMAX (wireless broadband communication standards). It will provide custom, comprehensive in-building solutions for wireless networks.  It will engineer and install equipment to ensure the interconnection of all systems in a building while including access control and security measures. The US Company will conduct digital (core) center management services, ensuring that the clients’ networks and core systems are always operative and optimized.

The US Company will follow trends and new technologies in the telecommunication and IT industries. As such, it will provide installation and testing services, as well as commission products from Original Equipment Manufacturers (OEMs). The Company will also install and provide remote management of Flatpak systems integration. Flatpak is a system for building, distributing, and running sandboxed desktop applications on Linux. Through its partnerships with innovators on the IT market, the company will have access to the newest solutions that it will be able to offer to its end-user clients, while also providing testing services to manufacturers.

The Company will  also provide project management services, helping its clients to integrate new technologies into their IT systems.  Intelligence Era U.S.’s project management activities will be conducted in compliance with all required specifications and will not interfere with the clients’ daily operations. By hiring the Company, its clients will ensure that their internal networks are efficient and secure and can answer the demands of all daily tasks. It will provide maintenance and optimization services, updating the clients’ systems to cater to the changing needs of their businesses.

Besides providing services to its clients, the US company will also procure products needed by its clients for the design and installation of informational and telecommunication systems.  It will sell products such as switches, routers, network cables, SFTP cables, and DC converters. In order to support its sales and make the operations more profitable, the Company will create partnerships with the U.S. manufacturers of IT and telecommunication products, such as Cisco Systems, Inc. The Company will establish a supply chain management, sourcing products for its clients that best fit the designed solutions, as well as acquire products for its Nigerian affiliate based on the needs of its clients.

The L1 Visa permits the transfer of qualifying staff members to an existing or newly established US entity. That entity must have a qualifying relationship to the overseas business where the employee works (in this case an affiliate). The L1A Visa is for management and executive level staff and is renewable up to seven years. The L1B Visa is for specialized knowledge employees and is renewable upto five years.

By Verdie Atienza, Head of the L1 & E2 Visa Practice at Davies & Associates. With thanks to his team, especially Adele De Lellis for her work on this case.


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.


Client Q & A on Eb-2 Visa

L-1A Visa to EB-1A Visa: Permanent Residency for Research Scientist in “Extraordinary Ability” Category

We are delighted to share that we have secured an approval of an EB-1A petition for a Research Scientist and R&D Leader of Extraordinary Ability from India.

The EB-1A Visa is an employment-based Green Card (US Permanent Residency) for people who can demonstrate extraordinary ability in the sciences, arts, education, business or athletics. Applicants are scored against a list of ten criteria and must meet at least three of them. Read the criteria here.

The Petitioner is a R&D Director (Lead Research Scientist) of a multinational company whose work has been focused on providing relief and healing through their various hair care and skincare brands. Over the years, he has led the formulation of specialized actives, which helps to eliminate flakes, dryness and itchiness which simultaneously nourishing the hair and skin. 

As the R&D Director (Lead Research Scientist), he leads the development of all skincare products worldwide, and all skincare products within the North American markets of the multinational company.  The successes of multinational company are made possible by the expertise of the Scientists such as the petitioner, who work tirelessly to invent and improve the products and company’s brand. 

The client is currently in the US on the L-1A visa working for a multinational company. The L-1A visa permits the intracompany transfer of managers to the existing or newly established US business of the same firm. Crucially, the L-1A is a “dual intent visa”. This means that prospective applicants do not need to demonstrate an intent to depart the United States and are permitted to actively seek a Green Card during their stay. Read more about the L-1 visa.

Congratulations to Verdie Atienza and his team, especially Etta Johnson, for their hard work.


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.


Visa for actors and musicians

As Elton John Criticizes Access to Europe for Artists, What are the Rules for USA?

Sir Elton John has criticized the UK government for not doing enough to help musicians wanting to tour Europe in the aftermath of Brexit. John claimed artists were being figuratively (and sometimes literally) “stranded at Dover”, the name of the English town that acts as a gateway to Europe. As the issue remains unresolved, we explore the options for artists seeking to work and/or live in the United States.

Temporary Access to the US for Artists?

The US immigration options for artists depends upon whether they are seeking temporary or permanent admission to the United States. For temporary admission, the most appropriate visa is likely to be the O1B Visa for musicians, actors, and other professionals in the arts, TV or motion pictures industries (the O1A visa, by contrast, is for those with extraordinary ability in science, education, business or athletics). Applicants must have a job offer in the United States, and should – usually – meet several of the following requirements:

  • The applicant has taken a leading role in a production
  • The applicant has garnered coverage in the media or other publications
  • The applicant has been involved in a commercially successful project
  • The applicant has garnered review for their work from critics
  • The applicant has earned a high salary for their work

Your attorney will build your case based upon your career experience. Artists who are in receipt of a prestigious award are automatically eligible for the O1B visa. Support staff, such as choreographers, editors, set designers, animators, makeup artists, etc, may be eligible for an O2 Visa, provided they are there to assist the O1 visa candidate for the specific job. Spouses and children can also accompany a successful O1B visa applicant to the United States on an O3 Visa.

Permanent Residency for Artists

The O1 Visa is tied to specific jobs and limited to an initial three years – which can then be renewed in increments of one year. But what if an artist wished to stay in the United States longer? In such instances, they may wish to consider applying for US permanent residency, also known as a Green Card.

The optimal permanent residency pathway for those in the arts is likely to be the EB1A Visa. This is the first-preference employment-based immigrant visa category and is for anyone who is able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics “through sustained national or international acclaim”.

The US Citizenship and Immigration Services have ten criteria for EB1A eligibility and a prospective applicant must meet at least three. This includes, media coverage, exhibitions of their work, evidence of commercial success, high earnings, participation in judging panels, and being the recipient of an award. Find the full list of EB1A criteria here.

The good news is O1 is a “Dual Intent” visa. Usually visa applicants seeking temporary admission to the United States are expected to prove they intend to depart the country after their visa expires. However, O-1 Visa holders are permitted to actively seek a Green Card during their stay in the United States. This means an applicant might start working in the United States temporarily under the O1 visa and apply for an “Adjustment of Status” to a Green Card under EB1A without being required to return to their country of origin.

The EB1A visa is not the only pathway to permanent residency and the applicant should discuss their goals and circumstances with an attorney who can present a range of options and discuss their various merits. Contact our team to discuss.


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 Investor Visa Application Price Increase

USCIS đã ban hành một mẫu đơn EB-5 mới dành riêng cho các Đương đơn EB5 theo chương trình Trung tâm Vùng – được gọi là Mẫu I-526E.

Sở Di trú & Nhập tịch Hoa Kỳ (USCIS) hôm nay đã ban hành mẫu đơn xin Thị thực Nhà đầu tư EB-5 mới dành cho các đương đơn đầu tư thuộc Trung tâm Vùng- Đơn xin nhập cư I-526E của Nhà đầu tư Trung tâm Vùng EB5.

Trước đây, đương đơn xin Thị thực EB-5 của Trung tâm Vùng và hình thức Trực tiếp đều sử dụng cùng một mẫu Đơn xin nhập cư I-526 đối với Doanh nhân nước ngoài. Dự kiến ​​sẽ sớm có một mẫu đơn EB-5 Trực tiếp được sửa đổi.

Đương đơn nên làm việc với luật sư di trú được cấp phép của Hoa Kỳ khi chuẩn bị hồ sơ EB-5. Luật sư di trú sẽ đảm bảo rằng bạn đang sử dụng đúng mẫu đơn yêu cầu và có thể hỗ trợ đánh giá các nguồn tiền có thể chấp nhận được cho chương trình EB5.

Điều này sẽ tránh bất kỳ sự chậm trễ không cần thiết hoặc từ chối nào do lỗi bất cẩn hoặc các nguồn đầu tư không thể chứng minh được. Tại Davies & Associates, chúng tôi đã giúp hàng trăm gia đình chuyển đến Hoa Kỳ thành công và không có khách hàng nào của chúng tôi bị từ chối Visa EB-5.

Mẫu đơn I-526E, tập trung vào Trung tâm Vùng EB-5, chắc chắn chứa các yêu cầu, thông tin bổ sung thêm về dự án Trung tâm Vùng đã chọn của đương đơn Visa EB-5. Ngoài ra còn có các câu hỏi bổ sung về nhà đầu tư, chẳng hạn như giá trị tài sản ròng của họ, có thể cũng sẽ xuất hiện trong bất kỳ mẫu đơn đăng ký EB-5 Trực tiếp mới nào.

Các nhà đầu tư đã nộp I-526 cho một dự án Trung tâm Vùng và đang chờ kết quả thì không cần thực hiện thêm hành động nào. USCIS không yêu cầu những người nộp đơn này phải nộp lại I-526E mà sẽ giải quyết trên cơ sở mẫu đơn I-526.

Tuy nhiên, bất kỳ đương đơn mới nào đều phải sử dụng biểu mẫu mới. Nếu không, đơn đăng ký sẽ bị từ chối. Trong trường hợp như vậy, đương đơn sẽ cần phải điền và nộp lại hồ sơ EB5, có nghĩa là mất vị trí ưu tiên của họ trong danh sách xử lý EB-5 tại thời điểm nhu cầu đang tăng nhanh chóng. Điều này có thể có tác động đặc biệt nghiêm trọng đến các nhà đầu tư từ các quốc gia có số lương đương đơn EB5 lớn. Chúng tôi khuyên bạn nên làm việc với một luật sư có kinh nghiệm để tránh những sai sót và chậm trễ không đáng có.

Chương trình Thị thực Nhà đầu tư Nhập cư EB-5 là chương trình nhận thường trú nhân Hoa Kỳ (Thẻ xanh) theo diện Đầu tư. Yêu cầu đầu tư tối thiểu là 800.000 đô la và mức đầu tư phải tạo ra mười việc làm. Mỗi thành viên của một đơn vị gia đình đủ điều kiện có thể có được thường trú nhân thông qua một khoản đầu tư duy nhất, nhưng cha mẹ nên lập kế hoạch thận trọng để con cái của họ tránh “quá tuổi”.