Tag: E2 Visa

EB-5 Source of Funds for Italians Webinar

New Consular Fees for Non-Immigrant Visas

US Immigration Advisor

The US Department of State published a Final Rule on March 28 regarding an increase in fees for certain categories of non-immigrant visa applications. The fee increase will be effective May 30, 2023.

The consular fee for employment-based categories such as the H-1B, L-1, and O-1 will increase from $190 to $205, and for the E-1 trader and E-2 treaty investor visa categories, the fee will increase from $205 to $315.

Other consular fees are not affected by this rule, including the waiver of the two-year residency required fee for certain exchange visitors. Current fees will continue to apply until May 30.

Fee information can be found on the Bureau of Consular Affairs website, travel.state.gov, and on the websites of U.S. embassies and consulates

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

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

Reference Links

Chapter 4 – Ability to Pay | USCIS

20230315-AbilityToPay.pdf (uscis.gov)

EB1c Visa | EB1c US Lawyer | Davies & Associates (usimmigrationadvisor.com)

Merit Based EB-1A Visa | National Interest Waiver (usimmigrationadvisor.com)

EB3 Visa | Permanent Residency for Skilled Workers | Davies & Associates LLC (usimmigrationadvisor.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.

EB-5 petitions visa

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.

h1b visa, h1b visa means, h1b visa process, h1b visa status, what is h1b visa, h1b visa news

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.

h1b visa, h1b visa means, h1b visa process, h1b visa status, what is h1b visa, h1b visa news, h1b visa usa

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.

h1b visa, h1b visa means, h1b visa process, h1b visa status, what is h1b visa, h1b visa news, h1b visa usa

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

h1b visa, h1b visa means, h1b visa process, h1b visa status, what is h1b visa

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.

h1b visa, h1b visa means, h1b visa process, h1b visa status, what is h1b visa

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

Reference Links

L1 Visa Attorney | L1 Visa USA | L1 Visa (usimmigrationadvisor.com)

EB1c Visa | EB1c US Lawyer | Davies & Associates (usimmigrationadvisor.com)

EB3 Visa | Permanent Residency for Skilled Workers | Davies & Associates LLC (usimmigrationadvisor.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.

Eb-5 Visa Investment Level Increase

Choosing Between E-2 Visa and L-1 Visa: Decision Insights

US Immigration Advisor

Deciding between an E-2 visa and an L-1 visa depends on your individual circumstances and business goals.

The E-2 visa is a non-immigrant visa that allows foreign investors to live and work in the United States based on their investment in a U.S. business. To qualify, you must make a substantial investment in a U.S. business, and you must own at least 50% of the business. The E-2 visa is typically valid for up to five years and can be renewed indefinitely as long as the investor maintains their investment in the U.S. business.

On the other hand, the L-1 visa is a non-immigrant visa that allows multinational companies to transfer executives, managers, or specialized knowledge employees from a foreign branch to a U.S. branch. To qualify, the foreign employee must have worked for the foreign company for at least one year in the three years preceding the transfer and must be coming to the U.S. to work in a managerial, executive, or specialized knowledge capacity. The L-1 visa is typically valid for up to three years and can be extended up to a maximum of seven years for executives and managers, and five years for specialized knowledge employees.

If you are an investor who wants to start a new business in the United States, the E-2 visa may be the better option for you. If you are an executive, manager, or specialized knowledge employee of a multinational company with a U.S. branch, the L-1 visa may be the better option for you.

It is important to note that both visas have their own requirements and limitations, and it is recommended to consult with an immigration attorney to determine which visa is best suited for your individual circumstances.

US Investor Visa

What is an E-2 visa?

US Immigration Advisor

The E-2 visa is a non-immigrant visa that allows foreign investors to live and work in the United States based on their investment in a U.S. business. Here are some of the most common E2 visa questions:

  1. What is an E-2 visa?
  2. Who is eligible for an E-2 visa?
  3. What are the requirements for an E-2 visa?
  4. How much money do I need to invest to qualify for an E-2 visa?
  5. How long can I stay in the U.S. on an E-2 visa?
  6. Can my spouse and children come with me on an E-2 visa?
  7. Can I work for a different company while on an E-2 visa?
  8. Can I apply for a green card while on an E-2 visa?
  9. How do I renew my E-2 visa?
  10. Can I start a new business while on an E-2 visa?

It is important to note that E-2 visa requirements and processes can vary depending on the individual circumstances of the applicant, so it is recommended to consult with an immigration attorney for personalized guidance.

Please see our questions and answer pages on the E2 Visa:

E2 Treaty Investor Visa

US Immigration Lawyer

Numerous Recent Visa Approvals for D&A Clients

usimmigrationadvisor

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

Business Immigration from the UK to the USA

UK Scraps Investor Visa – What are my options?

usimmigrationadvisor

The US investor visa requires an investment amount five times lower than the UK investor visa

The UK Government has announced it will be scrapping its Tier One Investor Visa program. The program had come under fire for the perception that it provided a legitimate route for illicit wealth to enter the United Kingdom.

The UK Investor Visa program was relatively expensive when compared with other countries’ residency and citizenship by investment programs. The minimum investment requirement started from £2 million – which is around five times as much as the corresponding US program, the EB-5 Immigrant Investment Visa Program. Investors had the option of investing more money to reduce the length of time before they could be granted Indefinite Leave to Remain in the UK and by extension applying for citizenship a year after.

United States EB-5 Investor Visa

The price tag of the UK investor visa meant that it only attracted a few hundred applicants each year. That contrasts starkly with the US EB-5 investor visa, which attracts thousands and regularly meets its annual quota of 10,000 visas – thanks in part to a large backlog of Chinese applicants.

The US program currently has a minimum investment requirement of $500,000, which must create ten jobs. A key aspect of the program – the Regional Center program – is likely to come before Congress in the very near future and the rumor is that the investment amount may increase. This could be to $700,000 or $750,000, but this is only speculation and there are no guarantees.

The popular Regional Center route is currently closed awaiting reauthorization. This could potential occur within the next few weeks if it is included in Congress’s spending legislation. The alternative so-called “Direct EB-5” route is currently open at the minimum $500,000 threshold right now.

Grenada Citizenship by Investment

One of the most cost-effective citizenship or residency programs around the world is offered by Grenada, an island in the Caribbean. Grenadian citizenship starts from just $150,000 for a donation or $220,000 for an investment. Processing times are relatively fast and can take less than three months. Grenada has a relatively strong passport and it hold an E-2 Treaty with the United States. There is no tax on income earned outside of the island’s jurisdiction.

Turkey Citizenship by Investment

You can obtain citizenship of Turkey in around 6 months in exchange for a $250,000 investment in real estate or holding deposits in excess of $500,000 with a Turkish bank for at least three years. Turkey is a global transportation hub and it also holds an E-2 Treaty with the United States. This means that, like Grenada, you could become eligible for the US E-2 Visa by first obtaining Turkish citizenship.

Italy Investor Visa

Italy’s investor visa starts from just €250,000. However, most of our clients prefer the country’s elective residency visa, which allows you to live in Italy provided you have €32,000/year from funds earned outside Italy to support you. The country also offers generous flat tax rates to high-net-worth-individuals.

Contact us to discuss any of the options listed above.

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 for Manager of Small Business

New E-2 Visa Approval as Embassies Grind Back into Gear Worldwide

usimmigrationadvisor

Davies & Associates secured yet another approval for an E-2 Treaty Visa client, this time for a Pakistani client who is starting up a marketing consultancy in the United States. The client’s E-2 approval – at the US embassy in Islamabad – shows that visa processing is slowly returning to normal after the disruption caused by Covid-19.

The situation continues to remain mixed globally. The availability of visa appointments depends upon local restrictions and the level of pent-up demand. If you are hoping to move your business and/or family to the US soon, it could be wise to prepare an application and position yourself in the queue. While visa processing for the E-2 visa takes place at embassies,  L-1 Visa USA applications and EB-5 Visa applications also required the involvement of the US Citizenship & Immigration Services (USCIS), which has also been affected by Covid-related shutdowns and slowdowns.

The E-2 approval in Islamabad follows on from a recent E-2 approval for a client from the US embassy in Dhaka, Bangladesh, pointing to the green shoots of recovery.

E-2 Visa Company

The Pakistani E-2 Treaty Investor will operate a marketing consulting company that offers blended perspectives on technology architecture, human psychology, user experience design, and communications. Unlike competitors that focus on one angle, the company can use its collective insights and experiences to deliver projects, ideas, or strategies that are more nuanced and cohesive.

The E-2 Company offers ongoing communication services, time-bound services, and strategic brand development services, as well as content-based products such as online courses and books. The Company operates on a service-based business model, where revenue is generated from short-term client contracts (fixed price and duration) and long-term client contracts (ongoing monthly retainers).

E-2 Visa Investment Amount

The applicant invested $100,000 in the new business. There is no fixed investment amount for an E-2 Visa, but normally the US authorities expect an investment upwards of $100,000. That said, we have managed to secure visas for clients investing less than this. The investment does not need to all be cash; inventory and IP can also be acceptable forms of investment.

The client received the $100,000 as a gift from her father. Gifts are an acceptable source of funds for US investor visas – but the person gifting the money may also need to document the source of their funds. In order to minimize the client’s, her risk money was committed to an Escrow account. This allows her to demonstrate her plan to invest, but allowed her to regain the cash should her application not succeed.

E-2 Visa Eligibility

To be eligible for an E-2 Visa you must be a citizen of a Treaty Country. Click here to check the list of countries. If your country is not on the list, you can become eligible for the E-2 Visa by first obtaining citizenship by investment of Grenada. Grenada offers a fast and cost-effective route to citizenship. Processing has continued in Grenada during the Covid pandemic.

To learn more about the E-2 Visa, please contact Verdie Atienza, Senior Immigration Attorney and Head of E-2 & L-1 Visa Practice at 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.

Vaccine Requirement for US Travel

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

usimmigrationadvisor

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

usimmigrationadvisor

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.