Experience with Immigration Laws and Policies
We just wrapped up a series of articles on EB-5, E-2, Regional Center Investor Program, underlying investment amounts, business prospects for Foreign Investors, etc.
The idea was to formulate an investment handbook and FAQ for Foreign Investors seeking an EB-5 / E-2 Visa.
We also wrote sales articles for US Immigration attorneys, Visa lawyers, legal side supports, and related legal consultations and fees.
EB-5, E-2, and Visa Waiver Program (VWP)
Visa Waiver Program (VWP) is a program in the United States which allows citizens of specific countries to travel to the United States for tourism or business for 90 days without a visa. A person entering United States under VWP is ineligible to request an extension from the original authorized allowed period of stay in the United States. U.S. Citizenship and Immigration Services (USCIS) can waive international recognition requirement for outstanding national performers.USCIS can waive a year group membership requirement for the applicant who is substituting a member of entertainment group or team.
1. Blogs and articles on how EB5 works?
2. Business guides to “Why Invest in Direct Business”?
3. Articles on the Key EB-5 Requirements.
4. What is the lawful sourcing of funds for investments?
5. A brief on individually developed EB5 Projects.
Having said that, our previous experience with similar assignments also dealt with other Visa categories such as E-Visa, L1-Visa, and P-Visa.
Assignments pertaining to E and P Visa:
1. Employees of which Nationalities qualify for an E-1 Visa?
2. Would my spouse and children be eligible to travel with me and work?
3. Does a self-employed individual qualify for an E-1 Visa?
4. What are the expenses and processing time for obtaining a P-Visa?
Sample snippets from a recent FAQ Assignment
E-2 Visa – Key features and regulations
- Admission guarantee and citizenship: E-2 Visa doesn’t guarantee admission or prolonged citizenship in the U.S. The decision of how long the treaty investor might be permitted to stay is solely based on the decision made by an immigration inspector from the S. Customs and Border Protection of the Department of Homeland Security and not the visa-issuing consular officer.
- Spouses and children below the age of 21 stand to receive derivative E-2 visas enabling them to accompany the principal Visa holder. The dependents are usually subjected to similar Visa terms such as validity, the term of stay, and limitations imposed. It is to be noted that a spouse and any children of age more than 14 years should be present at the visa interview.
- Venezuelan common-law marriages: US law doesn’t recognize Venezuelan common-law marriages. Therefore spouses qualifying under such institutions of marriage are not eligible to for derivative visas.
- Derivative applying for Visas needs to follow similar instructions as the E-2 principal visa holder. They need to furnish the principal applicant’s original Form I-797 and photocopies of the principal applicant’s stamped E-2 Visa.
- E-2 Visa upgrades: However, if the principal applicant has upgraded his status to E-2 Visa, the dependent needs to furnish a photocopy of Form I-797 stating the change in status.
- Legitimate relationship: Dependents also furnish birth/marriage certificates proving a legitimate relationship between the derivative and the principal alien.
- Stepchild eligibility: If the marriage creating the stepchild relationship materialized prior to the child’s 18th birthday, the dependent child stands eligible to apply for the E-2 derivative visa. Any dependent child under the E-2 derivative visa is eligible to study in the U.S. without holding a specific F-1 student visa.
- Employment for dependent spouse: Spouses qualifying under the E-2 derivative visa may seek employment authorization from the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security.
- Source of Funds: During the process of filing a petition for the E-2 category visa, the primary applicant needs to furnish details pertaining to the complete money trail of the fund invested, along with documents substantiating the original source of the fund such as property, loan, earning, etc. The trail should also include the movement of these funds to a U.S account and usage of the funds for business expenses in the U.S. Proofs should
- Invoices
- Canceled checks.
- Bank statements
- Tax receipts
- Purchase of Existing business: If the treaty investor buys an existing business operated from the U.S., he/she needs to further furnish the following documents:
- Valid agreement of purchase.
- A bidding escrow agreement stating the fate of the accumulated fund in case the visa is issued or if it isn’t issued.
- Duly signed and dated valid lease agreement papers along with legal payment receipts.
- Trail-back evidence of the funds that have been spent to set up the infrastructure of the business.
We call it the “Final Touch”. Proactive researching, stepping up the sales pitch, tweaking the sentences, transforming a stale piece of text into something brilliantly interesting. We particularly excel at drafting mission statements, teaser texts, introductory prefaces, etc.