Category: US Immigration

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New Policy Guidance on Employer’s Ability to Pay in I-140 Filings

US Immigration Advisor

On March 15, the US Citizenship and Immigration Services issued a policy guidance addressing the analysis of an employer’s ability to pay the proffered wage for certain employment-based immigrant petitions. This guidance, contained in Volume 6 of the Policy Manual, is effective immediately and applies to I-140 petitions filed on or after March 15, 2023. The updated guidance discusses in more detail various types of evidence and explains how USCIS reviews all evidence relevant to the employer’s financial strength and the significance of its business activities.

US employers seeking to sponsor employees under EB-1, EB-2 and EB-3 employment-based immigrant classifications that require a job offer must demonstrate their continuing ability to pay the proffered wage to the employee as of the priority date of the immigrant petition. The employer’s/petitioner’s ability to pay the proffered wage stated on Form I-140 is one of the essential elements that USCIS considers in evaluating whether the job offer is realistic.

Regulations require an employer to submit annual reports, federal tax returns, or audited financial statements for each available year from the priority date. An employer can alternatively submit a financial officer statement attesting to its ability to pay the proffered wage if it has 100 or more workers. Additional evidence such as profit and loss statements, bank account records, or personnel records may also be submitted. Many employers satisfy the ability to pay requirement by also submitting payroll records demonstrating that, during the relevant time period, they have been paying the employee at least the proffered wage indicated on the Immigrant Petition for Alien Workers (Form I-140).

Here’s what the updated USCIS guidance provides:

· USCIS reviews all evidence relevant to the employer’s financial strength and the significance of its business activities.

· Employer must submit one of the three forms of initial required evidence listed in the regulation but may also include other types of relevant evidence.

· Discussion of each form of initial required evidence listed in the regulation and several other forms of additional evidence employers might submit to establish their ability to pay the proffered wage.

· Explains how USCIS analyzes evidence and issues relevant to an employer’s ability to pay the proffered wage, such as the petitioner’s current employment of the beneficiary, prorating the proffered wage for the priority date year, multiple beneficiaries, successors-in-interest, and non-profit organizations.

· Addition of information about types of business structures to help officers better understand the types of petitioning employers and the evidence they may submit to establish their ability to pay the proffered wage

Chapter 4 – Ability to Pay | USCIS

20230315-AbilityToPay.pdf (uscis.gov)

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Immigration Implications Arising Out of Corporate Transactions

US Immigration Advisor

Whenever a corporate transaction involves a business whose employees include foreign nationals, an immigration due diligence is strongly recommended. Corporate transactions in the form of stock or asset acquisitions, mergers, consolidations, restructuring, etc. could trigger immigration implications. Most work visas for foreign nationals are employer specific, changes in an entity’s structure could jeopardize an employee’s work authorization and inadvertently violate immigration regulations. It’s important to ensure that employees are not rendered out of status and understand requirements and nuances of various work visas in order to analyze how a corporate transaction could affect foreign workers, and potentially the interests of a company.

In the United States, there are two separate visa categories for a foreign worker: (i) non-immigrant; and (ii) immigrant. Non-immigrant workers usually fall under the H-1B, 1, TN and E-2, E-3 visa categories, while immigrant workers are those who have obtained lawful permanent status or are in the process of doing so.

This article covers some of the implications of mergers and acquisitions on H-1B, L-1 and green card applications and I-9 compliance.

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v Impact on H-1B Filings:

Arguably, the most popular and commonly used temporary work visa is the H-1B. For a company with H-1B employees, questions to consider are whether the merger and acquisition will result in a new employer and to what extent will the new entity assume the interests and liabilities of the target company. Where the new employer is a “successor-in-interest” that assumes the interests and obligations of the prior employer which includes the assertions the prior employer made on their labor condition application, filing a new H-1B petition is not necessary. This may therefore allow H-1B workers to continue employment without any interruption. That said, any material changes accompanying corporate changes will require action steps, for example, relocation of the employee and/or a substantial change in the employee’s duties will require filing a revised labor condition application (LCA) and an amended H-1B petition.

An issue likely to come up and affecting a small percentage of companies is the loss of eligibility of H-1B cap exempt status. Certain employers such as governmental research organizations, non- profits, certain colleges and universities are exempt from the H-1B cap quota. Depending on the corporate change, the cap-exempt status could be lost by the new employer, for example when a non-profit entity is replaced by a for-profit entity as a sponsoring employer. This loss of status could render an employee unauthorized to work going forward whose H-1B was granted on the basis of the cap-exempt status. Issues like these should be taken into account and addressed prior to closing.

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v Impact on L-1 Visas:

For an L-1 visa, the law requires the existence of a qualifying relationship between the US entity and the foreign entity from which the employee will be transferring or has been transferred, and the relationship must be that of either a “parent, branch, affiliate or subsidiary.” A merger or acquisition resulting in change in the ownership structure of either entity could terminate the qualifying relationship as required under the regulations, thereby invalidating the L-1 status of an employee. It’s important to perform a thorough analysis of the transaction to determine whether the qualifying relationship has been terminated or retained. For example, if a US subsidiary of a Japanese parent is acquired by a US company, in this situation, the qualifying relationship will have terminated and the L-1 Japanese executive working in the US will have lost work authorization. In cases where it can be proved that the qualifying relationship remains intact, only an amended petition is required.

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v Impact on Green Card Applications:

A lawful permanent residency (green card) application can be broken down into 3 steps in modt cases – labor certification, I-140 petition and adjustment of status application. Companies that fall within the successor-in-interest requirements generally are allowed to continue the green card application filed by the predecessor company.

For a labor certification that is filed by the former employer, as long as the new employer assumes all rights, duties, liabilities and obligations of the former employer, the labor certification will remain valid, provided the job position and/or location of the employee remain unchanged. However, if there are any changes in job position or location, or if the new employer does not qualify as a successor-in-interest, the pending labor certification will be invalidated and the new employer will have to file a new labor certification. This could affect the lawful status of a foreign worker who has relied on a pending labor certification in order to extend his or her H-1B visa. An employee could lose his priority date thereby significantly delaying the already lengthy green card process.

During the I-140 stage, if the I-140 is pending, but the adjustment of status application is not filed at the time of the corporate change, the new employer will have to file an amended I-140 demonstrating the successor-in-interest relationship. This would also be the case if the I-140 has been approved but no adjustment of status application has been filed yet.

On the other hand, when a corporate change comes into effect after the I-485 application is filed, an amended I-140 may not be required. This is because the American Competitiveness in the 21st Century Act (AC21) allows a foreign national to change employers if the I-140 has been approved and the adjustment of status application has been pending for 180 days or more, as long as the new position is in the “same or similar occupational classification.” The new employment must be in

the same or similar job category as the one initially sponsored and filing of an amended I-140 is not needed and neither is the demonstration of successor-in-interest relationship

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Key Concerns: I-9 Compliance

One of the most important (but often overlooked) factors that an employer should take into account at the time of a restructuring is the I-9 compliance. All employers in the U.S. are prohibited from hiring unauthorized employees. One of the fundamental reasons in creating the Form I-9 form was to get employees to establish that they are authorized to work in the U.S. (based on certain prescribed documentation) and to obligate employers to verify and confirm their work authorization. Under the I-9 compliance, each employer is required to verify the identity and employment authorization of all employees.

To ensure that employers comply with the above, the law imposes some harsh penalties. These penalties are not only restricted to employing unauthorized workers but also extend to the failure to properly execute and retain records of employees, whether U.S. citizens or not. These penalties can range from $110 – $1,100 per record for not maintaining proper documentation with additional sanctions that may include bars to filing for any immigration benefit.

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Immigration Due Diligence and Best Practices

Any immigration related issues should be addressed and incorporated into the representations and warranties of the key transaction documents. It is a good practice to identify all employees on non-immigrant visas or in the process of applying for green cards and understand future action steps if any to ensure continuation of their lawful status.

Corporates should adopt a best practice checklist for a corporate immigration program – immigration policies should be in writing and ensure that extension of visas and transfer of employees across borders is done in a timely manner. Tone from the top matters; corporate policy should state clearly that the company will remain compliant with all immigration laws, such as timely completion of employment verification and provision of appropriate employment benefits

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L-1 Visa for Spouses

Can a spouse work on L1 Visa

US Immigration Advisor

Yes, the spouse of an L1 visa holder can work in the United States. An Employment Authorization Document used to be required, but USCIS has updated the guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.

On November 12, 2021, USCIS clarified that L spouses are now considered employment authorized based on their valid L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between L spouses and children. As of January 30, 2022, USCIS and CBP began issuing Forms I-94 with L-2S code for L spouse. An unexpired Form I-94 reflecting one of these new codes is acceptable as evidence of employment authorization for spouses.

It’s important to note that the L1 visa holder’s spouse can only work in the United States for the duration of the L1 visa holder’s authorized stay in the United States.

To obtain an L1 visa to work in the United States, your employer outside the US must first have a qualifying relationship with a U.S.-based employer. This means that you must either be an executive, manager, or specialized knowledge employee of a multinational company that has a subsidiary, branch, affiliate, or parent company in the United States. Your employer must also file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS).

State Department Plans to Offer Domestic Visa Renewals

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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

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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 Government Proposes Major Fee Increases for Visa Applications

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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

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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

Biden Administration Announces Plan to Improve Visa Processing Times

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The Biden Administration has announced that it is prioritizing the need to grapple with visa waiting lists. To that end, it plans stricter internal processing targets, as well as the expansion of premium processing whereby applicants pay extra for a swift adjudication. Waiting times have extended because of Trump-era policies combined with the Covid-pandemic shutdowns.

Premium Processing

Premium Processing is an expedited option open to certain visa applicants who pay extra (currently $2,500) to secure a quicker adjudication (within fourteen business days). The planned expansion of premium processing would include anyone applying as a non-immigrant worker under Form I-129 – this includes the O-1 Visa, the H-1B Visa, the L-1 Visa, etc. Although, some of these visa categories covered were already eligible for premium processing.

Premium processing will also now apply to anyone seeking a Green Card through the EB-1 Visa (Extraordinary Ability Visa), EB-2 Visa (Advanced Degree Visa, Extraordinary Ability Visa) and EB-3 (Skilled Worker Visa). The US Citizenship and Immigration Services (USCIS) will make a phased introduction of the new rules and will work to ensure that the expansion of premium processing does not adversely affect the processing times of non-premium-processing applicants.

Internal Visa Processing Improvements

New internal targets are being introduced with the aim of speeding up processing times for all visas. The Administration hopes to utilize improved technology and increased staffing as a way to reduce waiting lists. According to USCIS, the new internal targets should be met by the end of 2023.

The commitment to reduce waiting lists represents a significant shift in tone from the US government and is great news for aspiring immigrants across the board. A more nimble, better staffed USCIS, assisted by better technology, will mean a smoother immigration process for all. Of course, Administrations change and clients are advised to keep up to date on US politics so that they understand how things can change over time.

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.

Vaccine Requirement for US Travel

Do I Need to be Vaccinated to Travel to the United States?

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An increasing number of clients are contacting us to ask whether they need to be vaccinated to travel to the United States. President Biden has mandated that most foreign nationals visiting the United States will need to show proof of vaccination from Covid-19 when global travel to the USA opens up on November 8. However, some exemptions will apply.

Which vaccines are accepted for travel to the United States?

Most foreign nationals entering the United States on a non-immigrant visa or as a tourist must show proof of vaccination. The US will accept a wider range of vaccines than just those approved by the US Food & Drug Administration (FDA) (Pfizer BioNTech, Moderna, Janssen). The list of vaccines accepted for inbound travel is expanded to include all World Health Organization vaccines, which includes AstraZenaca, Covishield, Sinopharm and Sinovac. The Sputnik vaccine is not currently approved by the WHO and therefore not currently accepted for travel.

Are Green Card Holders subject to US Vaccination Requirements for Travel?

US Permanent Residents (Green Card holders) are not subject to the vaccination requirements to enter the United States. However, there are testing requirements to travel. Most of our clients have obtained US permanent residency through the EB-1c Visa (International Managers & Executives), EB-1A Visa (Extraordinary Talent), and EB-5 Visa (Green Card by Investment of $500,000).

Are There Exemptions from the Vaccine Requirements for Travel to the United States?

The US authorities has published a list of exemptions from the vaccination requirements. This includes:

  • Anyone from a country that has limited (<10%) vaccine coverage.
  • Anyone under the age of 18
  • Anyone who can document a medical reason they cannot be vaccinated against Covid-19
  • Anyone granted a humanitarian exception to enter the US
  • Anyone deemed in the national interest of the United States
  • There are also exemptions for diplomats, military families and sea crew.

How does the exemption for countries with limited vaccine coverage work?

Anyone from a country with a vaccine coverage of less than 10% is exempt from showing proof of vaccination at the border. There are currently 50 countries on this list. See list of eligible countries. The list is subject to change as vaccination rates improve. There is still ultimately a requirement for these people to get vaccinated once inside the United States. Please note, this exemption does NOT apply to anyone on an B-1 or B-2 Visa.

Does the exemption apply to L-1 Visa holders and E-2 Visa holders?

Our firm has filed many L-1 and E-2 Visa applications on behalf of clients during Covid. These business migration visas are categorized as “non-immigrant visas” and are therefore NOT exempt from the vaccine requirement. If you are currently inside the US on one of those visas and subsequently leave and attempt to return, you will need to show proof of vaccination status. If you are currently outside the United States with an approved or pending L1 Visa or E2 Visa application you will need to show evidence of vaccination.

The aforementioned list of exemptions apply to L-1 and E-2 Visa holders . So children on E-2 Derivative Visas or L-2 Visas are exempt provided they are under 18 (you can bring dependent children with you to the US on both E-2 and L-1 provided they are under the age of 21.) You may also be eligible for an exemption if you are from a country with low vaccine uptake.

The L-1 Visa allows you to move staff to an existing or newly-established office of your overseas business. The E-2 Treaty Investor Visa allows people from Treaty Countries to move to the US for the purposes of investing in and operating a business.

I do not want to get vaccinated, what are my options?

It is not clear how long the vaccine requirement will remain in place. The processing times for non-immigrant visa application are usually relatively quick. Since Covid-19 has caused closures and slowdowns at US embassies and at the US Citizenship & Immigration Services (USCIS), processing times have increased. Anyone considering an application today, may find that current waiting times will exceed the vaccine rules. But there is no guarantee of this. As with everything during Covid, uncertainty abounds. An alternative is to seek a permanent residency option. The EB-5 Visa (Green Card by investment) is one of the most popular among our clients especially as the minimum investment requirement dropped to $500,000 in June. Yet processing times for permanent residency take longer than for non-immigrant visas.

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 Reopens for Traveler from November

US Travel Ban to be Lifted on November 8th

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President Biden has announced the United States will reopen to all vaccinated travellers who can produce a negative test from November 8, ending a twenty-month ban on most visitors from a range of countries worldwide.

Under the Covid-19 travel ban, most people who had been in the Europe, the UK, China, India, South Africa and Brazil in the past 14 days were prohibited from traveling to the United States. The lifting of the ban means anyone can enter the United States provided they are fully vaccinated and can produce a negative test.

Many of our clients have put their US plans on hold until they can be physically present in the United States. For example, some of our E-2 Visa clients have expressed an interest in visiting the US to search for businesses before commencing their application. Similarly, some EB-5 Visa applicants have wanted to visit the US to view a Regional Center project, but changes to the program (investment thresholds and reauthorization) have played a greater role in decision making than Covid-19.

Despite the imminent lifting of the travel ban, Covid-19 continues to have an impact on US immigration. It has caused a slow down in processing at both the US Citizenship & Immigration Services (USCIS) and at US embassies and consulates worldwide. Some embassies are back to near-normal services, while others remain closed. Either way there is a backlog of applications to process and clients are advised to act soon to position themselves in the line.

E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa, which allows people to invest in and actively run a business in the United States has remained open to applicants throughout the pandemic. At a time when President Trump closed most other categories, the E-2 remained open to new applicants. This visa is governed by treaties with sovereign governments and is less exposed to political changes in Washington. The country in which you hold citizenship must hold a relevant treaty for you to be eligible. Click here to find out if your country holds an E-2 Treaty with the United States. If it does not, you first have to obtain citizenship of an E-2 country – see Grenada’s Citizenship by Investment Program – before you can apply for the E-2 Visa.

E-2 Visa Processing only involves your local embassy and does not involve the USCIS. In normal times, processing times are very quick, which means the whole Grenada + E2 Visa process could take nine months on average. Covid has increased that time, but it is still relatively quick (depending upon the impact of Covid on your local embassy).

L-1 Intracompany Transfer Visa

The L-1 Visa is also open to new applicants after it was temporarily suspended by President Trump because of Covid. The lingering influence of Covid-19 has continued to impact processing times. Unlike the E-2 Visa, the L-1 visa is open to people of all nationalities. You can use this visa to move staff from an overseas office to the US office of the same company, and you can also set up a new US office of your foreign business and move yourself to the US to manage its growth. See new-office L-1 Visa.

EB-5 Investor Visa

The EB-5 Investor Visa has also been open to applications throughout much of the Covid-19 pandemic – President Trump deliberately exempted this revenue-raising, job-creating visa from his immigration ban last year. A federal judge reduce the investment threshold back to $500,000 in June causing a spike in demand. While the Direct EB-5 pathway remains open, the Regional Center pathway is currently on hold pending reauthorization in the United States Congress. If the EB-5 program reopens, it is anticipated that demand could be high, so some clients are already working on their source of funds to position themselves at the front of the line when things reopen.

These visa categories represent just some of the immigration solutions our firm can support clients with. While processing times have slowed down during Covid-19 and some visa categories were temporarily suspended, commerce always finds a way. Business owners, investors and entrepreneurs will always be welcome in America. Our firm has filed plenty of successful immigration applications during the past 20 months and we are excited to accelerate that as the world gets back to normal.

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.