Tag: Citizenship by Investment

Investor Visa Application Price Increase

US to begin Domestic Visa Renewal for H-1B Workers

US Immigration Advisor

In a welcome development, certain H-1B employees will now be able to renew their visa stamp in the United States, without having to apply at a US consulate in their home country or elsewhere.   

The stateside visa renewal pilot program of the US State Department is set to take effect in January, as reported.  This is in a bid to cut down long appointment wait times at US consulates abroad.  Under the pilot program, the grant of H-1B visas will be limited to 20,000 initially.  Details on this are expected to be published in the Federal Register in December that will outline instructions and eligibility criteria, among other things.  

Additionally, the State Department is considering extending “interview waivers” for certain nonimmigrant visa categories.  The Trump administration had authorized consular officers to grant in-person interview waivers for certain visa categories during COVID (such as the L, H-1, O), which authorization was extended several times by the current administration, and is now set to expire in December of this year.   

Reportedly, the Deputy Assistant Secretary for Consular Affairs Julie Stufft, remarked, “The legal authority for renewing the waivers is clear, but it requires concurrence from the Department of Homeland Security. The agencies are having a “robust conversation” on what is and isn’t working at ports of entry…Everyone is very focused on making sure we resolve this issue by the end of the year.” 

A significant number of non immigrant visas including the H-1B and L-1 were issued without an in person interview.  In such cases, candidates submit their applications via the Dropbox process. 

About the H-1B

The H-1B is an employer-sponsored non-immigrant visa classification that allows certain foreign workers to work in the US in a specialty occupation. “Specialty occupation” means a position that requires application of a specialized field of study and one that requires at least a bachelor’s degree as a minimum entry requirement in that specialty.  The H-1B cap or H-1B quota is the numerical limit of H-1B visas allowed in a fiscal year (October 1 to September 30). Currently, the regular cap for H-1B visas (requiring a bachelor’s degree) is set at 65,000.  There is an additional H-1B annual Master’s cap quota set at 20,000 (requiring at least a US master’s or higher degree). 

Source: H-1B Worker Domestic Visa Renewal Pilot to Start in January (1) (bloomberglaw.com)

This article has been written by Zeenat Phophalia, Esq. Of Counsel, Davies & Associates, India Office.

Zeenat Phophalia is qualified to practice law in New York, United Kingdom and India. She practices in the area of U.S. immigration law with a focus on business immigration, and has represented corporate clients including large and medium sized companies and startups across sectors such as IT, consulting, consumer goods, manufacturing and telecommunications.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

US Visa Application

Dual Intent Visa Explained: The Bridge to Immigration

US Immigration Advisor

What is a Dual Intent Visa: Unlocking the Path to US Immigration

The concept of Dual Intent Visa

In general, one must always demonstrate nonimmigrant intent to qualify for a
nonimmigrant visa. Anyone applying for a nonimmigrant visa is always presumed
to be intending to immigrate. In this regard, you have to show that you have
ties to your home country and that you have no plans of permanently
immigrating to the U.S. when you apply for a nonimmigrant visa.
However, based on the doctrine of “dual intent” in immigration law,
nonimmigrant visa holder may be allowed to obtain or continue in a
particular nonimmigrant status even though steps may have been taken towards
obtaining a green card. A green card is evidence of your U.S. permanent
residence.

Benefits

A dual intent visa comes with advantages for a foreign employee, investor,
fiancé of a U.S. citizen or dependents of specific nonimmigrant visas:

  • If you’re a foreign employee, you don’t have to
    leave the country during the green card application.
  • If you’re a foreign visitor with more ties to the U.S. than your
    home country, you can avoid any questions regarding immigrant intent upon
    your arrival.
  • You can continue the process of your adjustment of status even
    if you temporarily leave the U.S.

A dual intent visa allows you to lawfully stay in the U.S. while
retaining the right to apply for a green card
in the future. Most nonimmigrant visa classifications require that
you prove ties with your home country and that you don’t
have the intent to permanently stay in the U.S. This is
why taking steps towards a permanent residence can jeopardize your stay.
Unless you hold a dual intent visa, you may be subject to a review for
immigrant intent for each visit to the U.S.

Types of Dual Intent Visa

As we have said, a dual intent visa allows foreign nationals to
enter the U.S. as a nonimmigrant, and at the same time gives
the option to apply for permanent residence
in the future. Below are examples of U.S. nonimmigrant visas
that allow dual intent for the visa holder.

H-1B Visa

The H-1B Visa is a temporary non-immigrant visa that allows a foreign
national to work in a speciality occupation. A specialty occupation can
include jobs in the sciences, engineering, technology, math, and
medicine. Take note that an employer must go through a labor certification
process before hiring a foreigner for a specific job occupation. Due
to the huge demand for this visa, U.S. employers must register for a
lottery unless they are considered exempt. This visa has an initial
3-year term that can be extended for a maximum of 6 years.

H-1B visa holders are eligible to bring their spouse and children below
21 to the U.S. They are also eligible to adjust their
status or apply for an immigrant visa based on an approved petition for
permanent residency for the H-1B visa holder.

Cost

The overall costs for the H-1B Visa depend
on the type of H-1B case and the choice of processing
with the USCIS. All cases of H-1B, including extensions
of the visa, require the USD 460 USCIS fee as well
as the OIA fee.

Application

Due to demand, there is a limited number of visas that can be issued each
year. For 2023, the visa cap is 65, 000. If you have a master’s
degree from a U.S. institution, you are eligible for the 20, 000
extra visas available for master’s degree holders or higher.
Meanwhile, the visa cap doesn’t apply to employers who are
institutions of higher education, nonprofit organizations connected to higher
education, or government research organizations.

Processing time

The processing time for an H-1B Visa can be as short as 4 months and as
long as 8 months unless you are not selected for the visa lottery.
For an additional USD 2, 500, your application can be processed within 15
working days by the USCIS through premium processing.

Requirements

The following are the requirements to qualify for an H-1B Visa:

  • You possess an advanced educational degree, such as a bachelor’s degree or
    equivalent, master’s degree, or doctoral degree.
  • You have a degree common to the industry;
  • Your employer generally requires a degree or equivalent
    for the position; and
  • The nature of your specific duties is so specialized and complex
    that the knowledge required to perform these duties is
    associated with the attainment of an advanced educational
    degree.

The requirements are different for a specialty occupation.

L-1 Visa

L1 Visas are non-immigrant visas that allow a manager, executive or a
specialized knowledge employee of a foreign company to be transferred to a
parent, subsidiary, affiliate or branch in the U.S. to perform
managerial, executive or specialized knowledge functions.

L-1 visa holders may be accompanied by their spouse and children below 21
on L-2 visas. They are also eligible to adjust status or apply for an
immigrant visa at an Embassy or Consulate based on an approved
employment-based petition for the L-1 visa holder.

Cost

The L-1 Visa comes with different costs including the USD 460
visa filing fee, the USD 500 fraud prevention and detection fee,
and the USD 205 Form DS-160 filing fee. Additional costs may occur
for dependent visas, extensions, and if you opt for premium processing.

Application

The L1 Visa application starts with the employer filing a Form
I-129 on behalf of the employee with the USCIS. Upon
approval, the visa applicant then has to complete a Form DS-160
application and attend an interview in their home country’s U.S. Embassy
or Consulate.

Processing time

The processing time for an L1 Visa depends on the USCIS service
center where the petition is filed, the U.S. Consulate or
Embassy handling the employee’s application,
and the complexity of the case. However, in general, L1
Visas tend to be processed much faster than other visa
categories. Processing can be expedited by paying an additional fee of
$2,500.

Requirements

If you’re the transferring employee, you and your employer must
prove the following requirements to qualify:

  • The qualifying relationship between the U.S. company
    and the parent company either as a subsidiary, branch, or
    affiliate;
  • The proof that you have worked full-time for the foreign
    company continuously for at least 1 year within the last 3 years
    before filing the petition; and
  • The proof that you have worked as an executive, MANAGER OR
    SPECIALIZED KNOWLEDGE employee for a foreign company and will be
    assuming the same in the U.S.

There are visa categories that are considered nonimmigrant, but inherently
recognize the intention of the visa holder to
permanently immigrate to the U.S.</strong >

K-1 Visa

A K-1 Visa is also a dual intent visa used by a foreign
fiancé to enters the U.S. and marry a U.S.
citizen. K-1 Visa applicants enter the country as nonimmigrants but
it is clear that they have the intent to marry a U.S. citizen
and generally, immigrate to the U.S. The holder of this
visa must be married within 90 days from their arrival
in the U.S. They are also not allowed to work legally
in the U.S., so they need to apply for a work permit or
adjustment of status after their marriage to work legally.

Cost

The costs for a K-1 Visa include USD 535 for Form I-129F, USD 205 for
Form DS-160, biometrics, and the medical examination.
Generally, the medical examination can go up to USD 200 but may vary
depending on the provider.

Application

The application for a K-1 Visa starts with the U.S. citizen
fiancé filing the petition Form I-129F with the USCIS.
Upon approval, the USCIS will then forward this
to the National Visa Center and you will receive a notice
from the U.S. Embassy or Consulate in their country
regarding the required documents you need to submit
and the location of the visa interview.

Processing time

The processing time for a K-1 Visa averages 6 months.
After the petition is approved, it can take 4 to 6 weeks
for the USCIS to forward the case
to the National Visa Center.

Requirements

Meanwhile, the requirements for a K-1 Visa are as follows:

  • Your sponsoring fiancé must be a U.S. citizen and not a lawful permanent
    resident;
  • Both you and your partner must be unmarried and must prove your
    relationship is valid;
  • You must prove you met in person at least once within 2 years
    before the visa application, subject to exceptions;
  • Both of you must each submit a signed document declaring you intend to get
    married within 90 days after you arrive in the U.S; and
  • The U.S. citizen fiancé must meet the income requirements for a
    K-1 Visa.

K-2 Visa

Dual intent visas like K-2 Visa, on the other hand, allow unmarried
children under the age of 21 years of K-1 Visa holders to
enter the U.S. It is approved at the same time as that
of their parent’s K-1 Visa, and should be submitted not later than a year
after their parent’s K-1 Visa was issued.

Cost and Processing Time

The processing time for a K-2 Visa is the same as a K-1 Visa
as they may be filed simultaneously. However, the cost may
differ for the K-2 Visa as some expenses are computed for each K-2
Visa applicant.

Application

The U.S. citizen sponsor will only need to submit one Form I-129F for
both the K-1 and K-2 Visa holders.

Requirements

To qualify for the visa, the child of the K-1
Visa holder must be under the age of 21 and unmarried. Further, both
fiancés must meet the criteria for eligibility for a K-1 Visa.

K-3 Visa

Dual intent visas like K-3 Visas are used by foreign spouses of U.S. citizens
to enter the country while waiting for their pending Form I-130
(Petition for Alien Relative) filed by their U.S. citizen spouse
listing them as a beneficiary. They’re allowed to work
in the U.S. without securing an Employment Authorization Document
(EAD).

Cost

The costs for a K-3 Visa include the Form I-130 filing
fee, the Form DS-160 processing fee, the medical
examination and vaccination fees, and other administrative costs that may
arise during the application.

Application

The U.S. citizen spouse must file a Form I-130 and then Form I-129F
for you with the USCIS. Upon approval, you will then receive a
notice from the U.S. Embassy or Consulate in your home country along
with instructions for the interview and documents needed.

Processing time

The processing time for a K-3 Visa can take up to 19 months on average.
Due to this, there are a lot of people who think that applying
for the visa classification is not worth it.

Requirements

To be eligible for a K-3 Visa, the applicant must
meet the following requirements:

  • You must be legally married to a U.S. citizen spouse;
  • Your U.S. citizen spouse must have filed a Form I-130 for you to
    enter the country; and
  • You are residing outside the U.S.

K-4 Visa

Meanwhile, the K-4 visa enables unmarried children
under the age of 21 years of a K-3 Visa holder to
enter the U.S. K-4 Visa holders are eligible to apply for work
in the U.S., and their visa automatically expires as soon
as they turn 21 years old.

Cost and Processing Time

The processing time for a K-4 visa is the same
as the K-3 Visa as they may be filed simultaneously.
However, the costs for a K-4 Visa may differ as some
of the expenses need to be paid for each K-4 visa applicant.

Application

The U.S. citizen fiancé only needs to submit a Form I-130 and Form I-129F
petition for their spouse and the child.

Requirements

The child of the K-3 Visa holder must be less than 21 years old
and must be unmarried. Moreover, this visa only applies
to the children of the married couple. If you’re yet to be
married, the proper visa is the K-2 Visa.

Davies & Associates can give you advice on which visa category or classification is the best for your specific needs and circumstances. If you’re curious, you can also check all the nonimmigrant visa classifications here.

Dual Intent Visa vs. Single Intent Visa

When you enter the U.S. on a temporary visa or during your visa
interview, you would need to state or prove your nonimmigrant intent. It means
that you must prove that you intend to leave the country once your
visa expires. Dual intent visas allow you to enter the U.S. to stay
or work temporarily while seeking to become lawful permanent residents.

Meanwhile, single intent visa holders are required to show that they have
no intention to abandon their residence abroad, and their intent to
only stay or work in the U.S. for the duration
of their visa. If you’re a single intent visa holder and you have
intentions to apply for a green card during your time
in the U.S., then this can indicate that you misrepresented
your intention.

Green Card Application

If you want to change from a non-immigrant status to that of a permanent
resident, you may able to do so through an “adjustment of status”
application with the United States Citizenship and Immigration
Services (USCIS).

A dual intent visa holder, generally, may file a Form I-485 without worrying
about their intent upon entry to the U.S. However, visitors who
are required to show their nonimmigrant intent upon entry must be careful
of their situation, even if holding a dual intent visa.

If you’re holding a single intent visa, filing a Form I-485 without a dual
intent visa brings into question if you have a preconceived intent
at the time your nonimmigrant visa is granted. You can’t have a
preconceived intent to enter the U.S. for purposes different from
what’s different under your nonimmigrant visa. As long as you
entered the U.S. without a preconceived intent to stay permanently,
it is possible you changed your mind at a later date or during your trip. For
example, a student may fall in love and marry a U.S. citizen
for the duration of their visa.

US Visa Application

L1 Visa Document Checklist: What You Need 

US Immigration Advisor

About the L1 Visa 

The visa type L1 is a non-immigrant visa that allows an employer to transfer an employee holding a managerial or executive position or those employed in a specialized knowledge position to a qualifying organization in the U.S. Like other visa classifications, the process of L-1 Visa involves presenting  supporting documents and a visa interview. 

There are two different types of an L1 Visa: 1) L-1A and 2) L-1B. The L1A is for employees who will work in a managerial or executive capacity at the qualifying organization in the US, while the L1B is granted to those who will be employed in a specialized knowledge position in the US. 

For both cases, you would need to have worked continuously (in a specialized knowledge or managerial or executive capacity) for at least one year within the 3 years before your application and should be seeking to assume a managerial, executive or specialized knowledge position in the US. 

Your employer would need to file a petition on your behalf with the United States Citizenship and Immigration Services (USCIS) through Form I-129 together with an L supplement. 

To help increase the chances of getting an approval, we have compiled a checklist of the supporting documents required from the foreign employer, the employee, and the U.S. company. 

In addition, the petitioner must establish that the beneficiary’s duties in the U.S meet the criteria for either specialized knowledge or managerial or executive capacity and the beneficiary engaged in either specialized knowledge or managerial or executive duties for at least 1 year 

Foreign Company Required Documents 

The following documents are required from the foreign company: 

  • Articles of Incorporation; 
  • Business License; 
  • Stock certificates and audited accounts; 
  • Business financial statements, and tax filings for the past 3 years; 
  • Evidence proving business transactions such as contracts, bills of lading, and letters of credit among others; 
  • Business promotional materials such as company brochures or product overviews; 
  • An organisational chart that includes the total number of employees and proof that the employee is holding a specialized knowledge, executive, or managerial position; 
  • Any contract or document detailing the affiliate relationship or corporate filings describing the corporate relationship; 
  • A statement from an authorised representative detailing the ownership and control of the company; and 

U.S. Company Documents 

As for the U.S. Company, here are the following documents required: 

  • Articles of Incorporation and corporate by-laws; 
  • Business license; 
  • Stock certificates and audited accounts; 
  • Business financial statements and promotional materials; 
  • A description of the business and a detailed business plan; 
  • An organisational chart that includes the total number of employees and the transferee’s position either as a specialized knowledge professional or an executive or managerial capacity; 
  • Business location lease; 
  • Bank statements or proof of initial investment 
  • Corporate tax returns, if any; 
  • Employer’s Quarterly Report Form 941, if any; and 

If you’re an employee coming to the country to set up a new U.S. office, you would need to submit evidence of the establishment of the new office such as an office space lease, contracts, and copies of applicable business permits. 

Blanket L Petition Requirements 

Foreign employers who regularly send employees abroad as transfers may opt to do a blanket petition which allows them to apply for multiple employees for the L1 status under a single approved petition, rather than file individual petitions with the USCIS. To be qualified, the employer must meet the following requirements: 

  • The petitioner and each of the entities included are engaged in commercial trade or services; 
  • The petitioner has an office in the United States that has been doing business for 1 year or more; 
  • The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and 
  • The petitioner and the other qualifying organizations have obtained approval of petitions for at least 10 “L” managers, executives, or specialized knowledge workers during the previous 12 months; or have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million; or have a U.S. work force of at least 1,000 employees. 
  • If your employer doesn’t have the qualifications above, then they are not eligible for blanket petitions and would need to file individual petitions for each transferring employee. The employer must also prove the following requirements of L1 Visa through supporting documents: 
  • The qualifying relationship between the U.S. company and the parent company either as a subsidiary, branch, or affiliate among others; 
  • The proof that you have worked full-time for the foreign company continuously for at least 1 year within the last 3 years before filing the petition; and 
  • The proof that you have worked as a specialized knowledge, manager or executive employee for a foreign company and will be assuming the same in the U.S. 

Canadians with an approved blanket petition seeking an L-1 classification may present the completed Form I-129S and other supporting documents to a U.S. Customs and Border Protection (CBP) Officer at certain ports of entry at the U.S.-Canada land border or a U.S. pre-clearance or pre-flight inspection station in Canada. 

Transferring Employee Documents 

Once the USCIS approves the petition, your employer will be given an approval notice by way of  Form I-797. You would then need to submit your Form DS-160 (Online Nonimmigrant Visa Application). After that, you would need to schedule an interview with your home country’s U.S. Embassy or Consulate where you would need to submit the following documents: 

  • The visa interview appointment letter; 
  • The confirmation page of your Form DS-160; 
  • A copy of Form DS-160 and L supplement; 
  • The Form DS-160 application fee receipt; 
  • The receipt number of the Form I-129 petition along with a physical copy; 
  • A passport with a validity 6 months beyond the expiration of the L1 nonimmigrant status; 
  • Your resume or curriculum vitae; 
  • Two recent passport-size coloured photographs; 
  • A copy of the Form I-129 petition submitted to the USCIS; 
  • The Form I-797 petition approval from the USCIS; 
  • Records or certificates of educational training or degrees; 
  • Payment statements and income tax records; 
  • Job duties and description; 
  • An organisational chart that shows your position; 
  • Reference letters from your supervisors, colleagues, or from your previous employers indicating your employment history, experience and work skills; 
  • An employment authorization or verification letter from your employer; 
  • The board resolution or appointment documents that verify your transfer; 
  • Any other documents that prove your capability to conduct business in a managerial or executive capacity or any proof that you possess a specialized knowledge position. 

Please take note that sometimes, they will require a reciprocity fee depending on your nationality. The visa application necessarily includes different costs of L1 Visa and filing the correct fees is crucial, so it’s important to take note of it during your application. 

Risks of an L1 Visa Document Checklist 

Having an approved L-1 petition nor submitting all the supporting documents above, doesn’t guarantee visa issuance. The consular officer will determine if you’re qualified based on the documents on all documents and information submitted as well as your answers during the interview 

Please take note that the checklists above are not exhaustive Davies & Associates has a team of experienced L1 visa attorneys who can give you advice and help on which relevant documents you will need to submit depending on your circumstances. 

If the information you have provided is incomplete, your visa application may be needlessly delayed if not denied. Consular officers may ask for further information and documents before making the final decision on your application. 

Moreover, even though you have submitted complete supporting documents, you will still need to be interviewed by the consular officer. The interview will focus on more detailed questions relating to your employer, the U.S. company and your capacity or job duties. 

For those applying for an L-1B Visa, the questions will focus on how their specialized knowledge is crucial to the overall functions of the business. 

You can increase your chances of getting your visa approved by ensuring that all the relevant documents are correct and by answering interview questions honestly, openly and as articulately as possible. 

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

Biometric USCIS

Biden’s New Executive Order Could Make Immigration Faster 

US Immigration Advisor

President Biden issued an Executive Order on October 30 in a bid to promote innovation and attract artificial intelligence (AI) talent to the shores of America. The “Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence” provides new guidelines to protect the privacy of citizens and safeguard US national security.   

The EO also seeks to attract foreign talent from around the globe in the AI space to balance the needs of technology companies in this dynamic AI age. More specifically, the EO seeks to streamline processing times of visa petitions and applications, including by ensuring timely availability of visa appointments for the purposes of work, study, or research in AI or other critical and emerging technologies. The EO directs the relevant government agencies to consider implementing a domestic visa renewal program so that AI skilled employees can continue working without interruption. Furthermore, the EO calls for the establishment of a program to identify and attract top AI talent and for the review and initiation of policy changes to immigration pathways (e.g., O-1A, EB-1, EB-2) for experts in AI and critical and emerging technologies. 

These immigration- specific directives in the EO highlight the Biden administration’s objective to attract and retain foreign talent in the AI and critical emerging technology space in order for America to stay at the forefront.  The measures set forth in the EO, if put into action could make certain areas of immigration more efficient.  Visas such as the H1-B, O-1, F1, and Green Cards could be obtained faster by professionals in the AI and critical and emerging technology fields.  There could also be a possibility of modification of the rules of the EB-1 (B) and EB-2 categories to prioritize AI workers. 

D&A will continue to monitor policies and proposals on immigration and provide updates as and when available. 

This article has been written by Zeenat Phophalia, Esq. Of Counsel, Davies & Associates, India Office.

Zeenat Phophalia is qualified to practice law in New York, United Kingdom and India. She practices in the area of U.S. immigration law with a focus on business immigration, and has represented corporate clients including large and medium sized companies and startups across sectors such as IT, consulting, consumer goods, manufacturing and telecommunications.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

US Visa Application

L-1 Filed by Sole Proprietorships

US Immigration Advisor

The United States Citizenship and Immigration Services (USCIS) affirmed on October 20 via their Policy Alert (PA-2023-29), that a sole proprietorship cannot file an L-1 visa petition on behalf of its owner because the sole proprietorship does not exist as a distinct legal entity, separate from the owner. A sole proprietorship is a business in which an individual owns all the assets, owes all the liabilities, and operates the business in the individual’s personal capacity.

The L-1 intracompany transferee visa is a popular visa category utilized for the transfer of certain managerial, executive and specialized knowledge personnel from a foreign business to a related US business.

Existing USCIS policy provides that a sole proprietorship may not file an L-1 petition on behalf of its owner because there must be a separation between the employing entity and the beneficiary; a petition where the sole-proprietor owner and beneficiary are the same would be considered an impermissible self-petition. However, an L-1 can be filed by a sole proprietorship on behalf an eligible employee. For instance, an individual may be the sole proprietor of an entity abroad and also of one in the United States, and may transfer an eligible employee under the L-1A or L-1B classification to the US.

The Policy Alert further affirms the difference between a sole proprietorship and a self-incorporated petitioner (i.e., a corporation or a limited liability company with a single owner) in that the corporation or the single-member LLC is a separate and distinct legal entity from its owner, stockholder or member (unlike a sole preceptorship) and can therefore file an L-1 for that owner.

This article has been written by Zeenat Phophalia, Esq. Of Counsel, Davies & Associates, India Office.

Zeenat Phophalia is qualified to practice law in New York, United Kingdom and India. She practices in the area of U.S. immigration law with a focus on business immigration, and has represented corporate clients including large and medium sized companies and startups across sectors such as IT, consulting, consumer goods, manufacturing and telecommunications.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

UK Visa Immigration

E2 Visa for UK nationals

US Immigration Advisor

Are you a UK national looking to start a business in the United States? If so, you may be eligible for an E2 visa. In this article, we will discuss the E2 visa for UK nationals, its requirements, and how to apply for it.

What is an E2 Visa?

An E2 visa is a non-immigrant visa that allows foreign nationals to enter and work in the United States based on a substantial investment in a US business. This visa is only available to citizens of countries that have a treaty of commerce and navigation with the United States, and the United Kingdom is one of them.

Benefits of an E2 Visa

The E2 visa offers several benefits to UK nationals looking to start a business in the US. These include:

  • The ability to come in and out of the U.S. on the valid E-2 visa for 5 years to develop and direct your E-2 company.
  • The ability live and work in the US for a full two-year period for every entry on the valid visa, with the option to renew the visa indefinitely.
  • The ability to bring dependents, including spouses and unmarried children under 21, to the US.
  • No minimum education or language requirements.
  • No annual quota or cap on the number of E2 visas issued, which means that there is no significant wait time to obtain the E-2 visa as compared to other visa classifications.

Requirements for UK Nationals

To be eligible for an E2 visa, UK nationals must meet the following requirements:

  • Be a citizen AND an ongoing resident* of the United Kingdom
  • Have invested or be in the process of investing a substantial amount of capital in a US business
  • Have at least 50% ownership of the US business
  • Be seeking to enter the US solely to develop and direct the US business
  • The investment must be in an active and operating business, not a passive investment such as real estate or stocks
  • The investment must be at risk, meaning there is a risk of losing the investment if the business fails
  • The investment must be substantial, meaning it must be enough to ensure the success of the business
  • The business must have the potential to create job opportunities for US workers
  • The business must be a legitimate enterprise, not a marginal one

*The treaty with the UK specifically requires the principal applicant to prove ongoing residency in the U.K. Examples of the appropriate evidence which must be issued within the last 6 months maximum are a recent copy of a pay slips/stubs or proof of payment for Inland Revenue taxes in the UK. Other examples are proof ofpayment of local utilities bills such as gas, water, electric, local council taxes; a current lease or mortgage payment should be accompanied by other proof such as bank statements for a current account reflecting local direct debit charges or transactions are all acceptable proof of domicile.

Investment Amount

The investment amount required for an E2 visa varies depending on the type of business and its location. However, the investment must be substantial and sufficient to ensure the success of the business. Generally, the investment amount should be at least $100,000, but it can be lower for certain businesses. The investment can be made in a start-up company, an existing/operating company or a franchise.

Ownership Percentage

To qualify for an E2 visa, UK nationals must have at least 50% ownership of the US business. This means that they must have a controlling interest in the business and have the power to make decisions and direct the operations of the business.

Developing and Directing the Business

UK nationals must be seeking to enter the US solely to develop and direct the US business. This means that they must have a key role in the business and be actively involved in its day-to-day operations. They must also have the necessary skills and experience to successfully run the business.

Job Creation

One of the requirements for an E2 visa is that the business must have the potential to create job opportunities for US workers. While there is no specific number of jobs that must be created, the business must have the capacity to generate enough revenue to support the creation of jobs.

Marginal Enterprises

A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the investor and their family. To qualify for an E2 visa, the business must not be a marginal one.

How to Apply for an E2 Visa

To apply for an E2 visa, UK nationals must follow these steps:

1. Complete the online non-immigrant visa application (Form DS-160)

2. Pay the visa application fee

3. Gather the required documents and submit the application package based on the Embassy guidelines. Some required documents are the following:

  • A valid passport
  • A business plan outlining the investment and business operations
  • Proof of investment, such as bank statements or loan agreements
  • Proof of ownership, such as stock certificates or partnership agreements
  • Evidence of the business’s potential to create jobs, such as a business plan or financial projections
  • Evidence of the business’s legitimacy, such as business licenses or tax returns
  • Evidence of the investor’s qualifications and experience, such as resumes or educational certificates

4. Schedule an interview at the US Embassy in London

5. Attend the visa interview and answer the questions from the visa officer

6. If approved, the visa will be issued and the investor can enter the US to develop and direct the business

Conclusion

The E2 visa is an excellent option for UK nationals looking to start a business in the United States. It should be noted that you may also buy an operating business or acquire a franchise. It offers several benefits, making it accessible to a wide range of investors. By meeting the requirements and following the application process, UK nationals can successfully obtain an E2 visa and start their business in the US.

This article has been written by Alex Jovy, Head of Business Development Davies & Associates, London Office.

Alex Jovy  heads sales & business development in the UK and Europe. Alex has a long history of senior management roles in a wide range of sectors, from sustainability to film and has worked in a variety of sales, marketing and business development roles in a range of law and professional services firms. Alex has a passion for film and was nominated for an Academy Award. He is a published author with a successful historical fiction book about Cyrus the Great.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

E-2 Visa approved for a Singaporean national during COVID-19

Blanket L1 Visa Petition Explained: Unlocking Business Opportunities

US Immigration Advisor

How does the L 1 Blanket Visa Petition work?

An L-1 blanket petition enables certain overseas companies to transfer multiple employees to the United States on an L-1 visa, a nonimmigrant visa, under a single petition, without having to file individual L-1 petitions for each qualified employee.  All foreign entities that the US petitioning company seeks to include are listed in the blanket petition, backed by documentary evidence of the qualifying relationship with each such entity.  An approved blanket petition confirms that a qualifying relationship exists between the US entity and the foreign company seeking to transfer the employee. The L-1 blanket simplifies and streamlines the process for multinational companies who frequently seek to transfer their managers, executives or specialized knowledge workers to the US.  The Blanket L petition similarly does not guarantee that the employees will get the visa, nor the L1 Visa validity.

An L1 Blanket petition is filed with the USCIS (United States Citizenship and Immigration Services) using Form I-129.  Once it is approved, the eligible employee can apply for an L-1A or L-1B visa by scheduling and attending the visa interview at a US consulate.  Among the documents the employee will have to carry to the interview are L-1 Blanket petition approval, I-29S Form, Letter of Support detailing the transfer and nature of the US role and evidence of employment abroad. L-1 Blanket petitions will have an initial validity period of up to three years once approved.

Employer Eligibility Criteria – Commercial trade?

There are requirements that a petitioner and the qualifying foreign entities must meet to be eligible and qualified for an L1 blanket petition:

  • The petitioner and each of the entities included are engaged in commercial trade or services;
  • The petitioner has an office in the United States that has been doing business for 1 year or more;
  • The petitioner has three or more domestic and foreign branches, subsidiaries, or affiliates; and
  • The petitioner and the other qualifying organizations have obtained approval of petitions for at least 10 “L” managers, executives, or specialized knowledge workers during the previous 12 months; or have U.S. subsidiaries or affiliates with combined annual sales of at least $25 million, or have a U.S. workforce of at least 1,000 employees.

Employee Eligibility Criteria

Whether the foreign professional employees are applying for an individual visa or under a blanket petition, they must still meet all the employee-related requirements individually.  The foreign national employees applying under an approved blanket petition must establish that he or she was employed abroad for 1 of the 3 years (prior to applying to the consulate) in either a managerial, executive or specialized knowledge category and will be employed in the US in either of these three categories.

If you are applying for an L1A Visa, you must prove managerial or executive position in the company. The specialized knowledge employee can stay in the USA for up to five years. He/she should be ready to enter the United States in an executive or managerial capacity involving specialized knowledge. To prove managerial or executive capacity, the petitioning employer must meet the following requirements in the blanket petitions

  1. The beneficiary employee was employed for at least one year out of the previous 3 years

On the other hand, the L1B Visa is a Specialized Knowledge Professional. The employees that have worked in a position requiring specialized knowledge will qualify for this visa. However, the future position of this employee must also be one in the Specialized Knowledge Professionals. The employer has to prove the employees possess specialized knowledge, and that the employee’s ability will be sufficient to contribute significantly in the role.

We discuss these criteria in L1 Visa USA page here at Davies & Associates.

Blanket Petition Advantages

There are several advantages of having an L-1 blanket petition: It saves you time as it streamlines the L-1 Visa application process, so you can transfer multiple employees quickly and efficiently;

  • It saves you money in the long run compared to filing individual applications;
  • It gives you flexibility in transferring several foreign employees to the U.S. office, allowing you ease in meeting and accomplishing other business needs and goals;
  • It gives you the chance to plan future transfers without the uncertainty that comes with individual visa applications for each transferring employee.

L-1 Blanket Validity

The L-1 blanket approval is valid initially for 3 years It can be extended indefinitely, but if the company doesn’t apply for an extension or if a renewal application is denied, the company must wait 3 years to apply for a new blanket petition.

Take note that a blanket petition approval does not guarantee that the employee will be granted an L-1A or L-1B visa as the employee will still have to prove his or her eligibility under the L regulations.

Professional employees may also transfer between related foreign entities that are denoted on the Blanket L Approval notice. They may transfer employees with explicit approval notice provided the transferred employee will have the same job duties.

Denial of L-1 Blanket Visa

Like L-1 visas under individual petitions, L-1 blanket visas can be denied due to various factors such as inadequate documentation, failure to prove managerial, executive or specialized knowledge duties, etc.  While a USCIS denial of an individual L-1 visa petition may be appealed, denials of an L-1 visa blanket applications by the consulate are not reviewable.   

L1 Individual Petition vs. Blanket Petition Approval notice

With an L-1 Transfer Visa, the company must file a petition every time they want to transfer an employee with the USCIS. On the other hand, with an L-1 blanket visa, the company can transfer multiple employees under just one petition. The blanket visa makes the process easier and less expensive by eliminating the need to file multiple petitions for each qualified employee. It is considered a rather flexible way to transfer employees to the USA.

FAQs

Is the definition for managerial, executive, and specialized knowledge employees the same for L-1 blanket visa petitions and individual petitions?

Yes, the definitions are still the same regardless if you’re applying under a blanket petition or an individual petition.

Can I bring my dependents with me to the U.S. on my L-1 visa?

Yes, the visa issued to your spouse and unmarried children under the age of 21 is the L-2 visa. Their period of stay would be for the same duration as yours. Moreover, your spouse can work in the U.S. without applying separately for an Employee Authorization Document (EAD) work authorization

Can I change or transfer jobs on an L-1 Visa?

You can change or transfer jobs on an L-1 Visa but only to a location with the same company or to a qualifying/related company in the U.S. The USCIS must be notified of any significant changes to your employment, which is usually done by way of an L-1 amended petition

Are there benefits to an L-1 blanket visa petition?

An L-1 blanket visa petition streamlines the transfer of employees from several months to a matter of days and weeks. It also eliminates the need to file individual petitions for each transferring employee.

What privileges can I enjoy on my L-1 Visa?

On your L-1 visa, you can work legally in the U.S. or stay until your visa expires, and travel freely in and out of the country. You can also avail of dependent visas for your spouse and unmarried children, or potentially apply for a green card through employment

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

Top 25 Immigration Attorneys 2023

D&A Honored as Top 25 Immigration Attorneys 2023 by EB5Investors.com

US Immigration Advisor

It is with immense pride and gratitude that we announce our firm’s recent recognition by EB5 Investor Magazine as one of the “Top 25 Immigration Attorneys of 2023.”

This prestigious accolade is a testament to our commitment to excellence and dedication to serving our clients in EB5 visa service.

We are deeply grateful for your trust and support, which have allowed us to reach such a significant milestone.

This recognition reaffirms our unwavering commitment to providing top-notch legal services to individuals and businesses seeking immigration solutions.

You can also read the latest 2023 EB5 Investors Magazine via this link. (P/s: find us on page 35!)

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

Investor Visa Application Price Increase

When is an L-1 Amendment Needed?

US Immigration Advisor

The L-1 visa is utilized for the intracompany transfer of qualified managerial and executive personnel and specialized knowledge workers from an overseas company to a related company in the United States. The key criteria of an L-1 are: (1) existence of a qualifying relationship between the foreign and US entity (the US entity should be a parent, subsidiary, affiliate or a branch of the foreign company); (2) the prospective L-1 employee should have worked in a managerial, executive or specialized knowledge capacity for the foreign employer for one continuous year in the three years preceding the L-1 petition filing; and (3) the transfer of the employee to the US should be for a similar managerial, executive or specialized knowledge position.

In the event that after the approval of an L-1 petition, there are significant changes pertaining to the qualifying relationship of the entities or the nature of the employee’s role in the US, an L-1 amended petition is required. The L-1 regulations mandate an amendment filing with the USCIS to reflect changes in approved relationships, additional qualifying organizations under a blanket petition or change in capacity of employment (i.e., from a specialized knowledge position to a managerial position). Also, any information which would affect the employee’s eligibility is likely to be considered material, warranting an amendment.

Some changes can be clearly considered as material. For example, if an L-1B employed as an Equipment Engineer, who primarily works on sophisticated and complex machinery is promoted to the position of a Senior Director where his main duties involve managing professional staff, such change would require an amendment. Similarly, changes in the ownership and control of the US petitioner after adjudication would typically require an amendment as these changes may constitute a material change in circumstances or represent new information.

More often than the above scenarios, situations come up where the L-1 employee would have to work primarily out of a different geographic location from what was listed on the petition. There is no clear-cut answer or specific guidance on this. Generally, a temporary change in work location with all other terms of employment remaining unchanged, is not considered material, requiring an amendment. But for example, if the change is long term and let’s say from one state to another, the safe approach would be to file an amendment. Employers should take into account the increased instances of unannounced site visits by USCIS officers in the recent years and the weigh the risk of a failed site inspection and a possible petition revocation.

This article has been written by Zeenat Phophalia, Esq. Of Counsel, Davies & Associates, India Office.

Zeenat Phophalia is qualified to practice law in New York, United Kingdom and India. She practices in the area of U.S. immigration law with a focus on business immigration, and has represented corporate clients including large and medium sized companies and startups across sectors such as IT, consulting, consumer goods, manufacturing and telecommunications.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.

Immigration Court Ruling

US Visa Ineligibility Findings and Waiver Option

US Immigration Advisor

Often times, foreign nationals are denied a visa or entry into the United States based on certain grounds. Such individuals who are found inadmissible and need a non-immigrant visa to enter the U.S. can apply for a waiver application at a U.S. consulate. The Immigration and Nationality Act (Section 212 (d)(3)) provides for a waiver (or pardon) for certain inadmissibility findings. The “212 (d) (3) waiver” can be used to overcome most grounds of ineligibility. One such very common ground is that of willful misrepresentation or fraud, the consequences of which are dire as it triggers a permanent or lifetime bar to entering the U.S However, all is not lost and this ground like many others can be challenged and overcome through a 212 (d) (3) waiver.

The INA 212 (d) (3) waiver, dubbed as the “Hranka Waiver,” although discretionary, can waive most grounds of inadmissibility, including willful misrepresentation or fraud, crimes involving moral turpitude, prostitution, smuggling, bars resulting from unlawful presence in the United States, health related grounds and a few others. There are certain grounds of inadmissibility that are excluded, such as espionage, participation in Nazi persecution and genocide. The waiver is available to NIV visa applicants, i.e., B-1, L-1, F-1, J-1, O-1, etc. visas and not to immigrant visa applicants.

The U.S. Department of State and consular officers are tasked with the discretionary authority of recommending these waivers for non-immigrant (NIV) visa ineligibilities to the Department of Homeland Security for approval.

Waiver Assessment Criteria

There are no prescribed criteria but the adjudicating officer will weigh the following factors in recommending a 212 (d)(3) waiver:

  1. Risk of harm to society if the foreign national is admitted;
  2. Seriousness of the foreign national’s immigration or criminal law violation;
  3. Foreign national’s purpose of travel to the United States;
  4. Whether there is a single, isolated incident or a pattern of misconduct; and
  5. Evidence of reformation or rehabilitation.

Application Procedure

The 212(d)(3) waiver application can be submitted to the U.S. consulate in the applicant’s home country (or country of residence) or in case of visa-exempt foreign nationals, at the U.S. port of entry (with Customs and Border Protection). Generally, one can submit the waiver application at the consulate at the same time that the person is applying for a non-immigrant visa; some consulates may require the waiver filing at a later time. If consular officers believe that the waiver should be granted, they are required to forward the case to the Customs and Border Protection’s Admissibility Review Office (ARO) with an affirmative recommendation. The consular officer is not obligated to accept the waiver application if he or she believes that the waiver has no merit and is required to reject it if the applicant is otherwise found ineligible for the underlying visa. However, consular officers are directed to refer the waiver request to the Department of State for review if the applicant requests, provided that the applicant’s case involves certain situation/s such as national security, foreign relations, significant public interest and/or urgent humanitarian or medical reason. The ARO’s decision is final pursuant to which the consular officer will adjudicate the underlying non-immigrant visa application.

The ARO/CBP generally grant a waiver in most visa cases for 5 years. The waiver processing can be lengthy at times ranging from few weeks to several months but is an inexpensive and relatively straightforward option to overcome certain ineligibility findings.

This article has been written by Zeenat Phophalia, Esq. Of Counsel, Davies & Associates, India Office.

Zeenat Phophalia is qualified to practice law in New York, United Kingdom and India. She practices in the area of U.S. immigration law with a focus on business immigration, and has represented corporate clients including large and medium sized companies and startups across sectors such as IT, consulting, consumer goods, manufacturing and telecommunications.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world.