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

Podcast: Comparing E2 & L1 Visas in Light of the “Immigration Ban”

The L-1 Intracompany Transfer Visa was temporarily suspended last month as part of President Trump’s ongoing so-called “immigration ban”. The list of visa categories suspended through to the end of the year is now quite lengthy.

However, there are notable exemptions: The EB-5 Immigrant Investor Visa and the E-2 Treaty Investor Visa are not included.

In this podcast we speak to Verdie Atienza, a senior immigration attorney at Davies & Associates, to examine whether the E-2 visa may prove a possible alternative to the L-1 visa in certain cases.

Verdie heads up our E-2 and  L-1 visa Lawyer and so he is well placed to compare and contrast these two visa categories. Listen in as he provides a forensic comparative analysis of both.

L-1 Visas are used to move to management-level staff from an overseas branch to the US branch of the same company. At D&A we specialize in “new-office” L-1s which is where an individual can set up a US branch of their overseas company and then move to the United States to manage that new office.

The E-2 Treaty Investor visa allows a person to bring their family to the United States for the purposes of running a particular business. It is necessary that your country of citizenship has a relevant treaty with the US to qualify. For those that do not initially qualify, D&A offers a two-step process whereby you first obtain citizenship of a country that does qualify, like Grenada or Turkey.

Topics covered in the podcast include:

  1. The impact of the immigration suspension
  2. Investment requirements
  3. Premises requirements in the United States
  4. Spousal Rights
  5. Children’s rights and ageing out?
  6. Visa duration
  7. Renewal process and limits
  8. Business plan requirements
  9. Nationality requirements and quotas
  10. Becoming eligible for an E-2 visa through Citizenship by Investment
  11. Transitioning to a Green Card?

This podcast is for informational purposes only and does not constitute legal advice. Please contact us to speak to an attorney.

 


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

Should Vietnam and India be granted E-2 Visa Status?

D&A Global Chairman Mark Davies argues the time is ripe to grant E2 and E1 Visa status for Vietnam and Indian citizens.

Before coming to Vietnam I did not realize that the US is Vietnam’s largest export market. Having spent years in India I did know of the massive potential to grow cross-border business between the US and India.

We are seeing a lot of interest in the L1 Visa and E2 Visa from companies in our offices in Ho Chi Minh City, Hanoi, Delhi, Bangalore and Mumbai much of it being Vietnamese and Indian businesses looking to access the US market. Many Vietnamese and Indian firms are looking to increase their trade with the US through E2 and L1.

Vietnam and India both represent a huge opportunity for US businesses to expand and invest. Vietnam is Asia’s fastest growing market and companies want to grow by investing through a business there.

At the moment, obtaining an E2 Visa means a Vietnamese or Indian national has to obtain a second nationality, popularly Grenada and Turkey.

It’s time to put an end to the need for Citizenship by Investment in Vietnam and India and for the US to enter into a treaty with both Vietnam and India allowing for both the E2 and E1 Visa. Such a treaty would allow Vietnamese businesses access to the US and streamline the process by which US businesses can access the lucrative Vietnamese market.


UK Government Extends Citizenship offer to Hong Kong Residents

The British government is proposing to offer a pathway to citizenship for around 3 million residents of Hong Kong. The move is a response to China’s introduction of a new national security law in the Special Administrative Region. The UK views this as a breach of the agreement surrounding the handover of the territory in 1997.

“We made clear that if China continued down this path we would introduce a new route for those with British National Overseas Status to enter the UK, granting them limited leave to remain, with the ability to live and work in the UK, and thereafter to apply for citizenship,” said Prime Minister Boris Johnson of the United Kingdom.

Some three million Hong Kong residents are thought to be eligible for British National Overseas Status. Under current regulations, a British Overseas National is able to move to the United Kingdom for six months.

In response to developments in Hong Kong, the British government is planning to extend that period from six months to five years. UK rules mean a person can apply for citizenship if they can prove they have lived in the United Kingdom for five years.

This is not the first time the United Kingdom has taken such a step. In the 1970s, thousands of Ugandans of Indian descent emigrated to London after they were expelled by Idi Amin. Many Kenyan Indians also migrated to the United Kingdom around this time.

With Hong Kong, the scale could be one-hundred-times larger. While it is estimated that around 30,000 Ugandan Asians emigrated to Britain in the 1970s, around 3,000,000 Hong Kong residents could claim the right to take up the British government’s opportunity.

Just how many people would seek to emigrate is uncertain. The younger generation are likely to be more receptive to the move. Hong Kong remains a major global business hub, despite the febrile situation on the streets.

That said, to be eligible for the British National Overseas Status, a person must have been born prior to the handover in 1997. This means that a person under the age of 23 might not be eligible.

So what are the alternatives? Well, Britain is just one of the options open to Hong Kong residents seeking a way out. The United States, for example, has a range of visas that could be attractive to Hong Kong residents. The EB-5 Immigrant Investor Visa program offers a Green Card in exchange for a $900,000 investment in the US.

Each country is limited to 700 EB-5 visas per year. Fortunately, Hong Kong is eligible for its own quota, separate to China. The EB-5 program in China has been oversubscribed for years, and Chinese face a long waiting list. Please note, the EB-5 program is determined by country of birth.

Alternatively, countries all around the world offer citizenship by investment programs. The two countries with the fastest and most cost-effective programs are Grenada and Turkey. Grenadian citizenship can be obtained in less than two months starting from just $150,000.

Both Turkey and Grenada offer the additional benefit of providing Hong Kong residents with access to the United States E-2 Visa. This non-immigrant visa allows a person to move invest around $100,000 or more to acquire or start-up a business in the United States.

Davies & Associates can help our Hong Kong clients with all the aforementioned visas, including their interest in the United Kingdom. Please contact us to discuss your specific circumstances.

Written by Duncan Hill, Marketing Director, D&A. 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.