In this video, Attorney Jacob Sapochnick Esq,  will explain what the E-1 Treaty Trader Visa is and its requirements

The Treaty Trader Visa (non-immigrant E-1 classification) is intended for the nationals of a foreign country with which a qualifying Treaty of friendship, Commerce, navigation, or a similar agreement exists with the United States. Nationals (individuals or companies) of such countries can obtain visas to work in the USA in order to develop and direct their trade with the USA. E-1 visa is for individuals coming to the U.S. to carry on substantial trade. A person may qualify as the principal trader or as an employee of a trader company having the same nationality.
Requirements:

The alien must be a citizen of a treaty trade country, and be involved in international trade.

The applicant must be coming to the United States to carry on substantial trade or to develop and direct the operations of an enterprise that has commercial trade with the applicant’s country of nationality.

The substantial nature of trade is dependent on the volume of the trade, the number of transactions, and a continued course of trade and is not tied directly to the dollar value.

The trade must be conducted principally between the United States and the treaty country. The Parent company, or the worldwide organization of the treaty enterprise, does not have to be engaged principally in the U.S. treaty country trade. It means the U.S. enterprise must conduct more than 50 percent of its total trade volume with the treaty country.

The trade involved must be international exchange (successfully negotiated contracts binding on all parties) of items including passing of the title of the trade items between the US and a treaty country.

These types of visas are for managerial and supervisory personnel, therefore, unskilled workers and workers with ordinary skills do not usually qualify for such visas. However, other personnel who have special qualifications that make the services to be rendered essential to the efficient operation of the enterprise may also qualify for such visa.

The E-1 visa holder can be an independent trader or an agent or employee of a trader or of a trading company.

The alien is the immediate family member of a principle E-1 visa holder.

For more information on filing the E-1 visa please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will address one of our most frequently asked questions for Same Sex Marriage and Green Cards: Is Proof of Real Marriage Required, Standard of Proof?

Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013:

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

What about immigration benefits other than for immediate relatives, family-preference immigrants, and fiancés or fiancées? In cases where the immigration laws condition the benefit on the existence of a “marriage” or on one’s status as a “spouse,” will same-sex marriages qualify as marriages for purposes of these benefits?

Yes. Under the U.S. immigration laws, eligibility for a wide range of benefits depends on the meanings of the terms “marriage” or “spouse.” Examples include (but are not limited to) an alien who seeks to qualify as a spouse accompanying or following to join a family-sponsored immigrant, an employment-based immigrant, certain subcategories of nonimmigrants, or an alien who has been granted refugee status or asylum. In all of these cases, a same-sex marriage will be treated exactly the same as an opposite-sex marriage.

For more information click here to go to our website. For legal advice please contact our office. Also remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will explain whether franchises qualify for an E2 Investor Visa.

What is an E2 Visa?

The Treaty Investor Visa (nonimmigrant E-2 classification) is intended for nationals of a foreign country with which a qualifying Treaty of friendship, commerce, navigation, or a similar agreement exists with the United States.

Nationals (individuals or companies) of countries with such Treaties with the United States can obtain visas to work in the USA in order to develop and direct their investment with the USA. E-2 visa is for individuals coming to the U.S. to invest a substantial amount of capital or to direct and develop the business operations of an entity in which the individual has already invested funds.

Do Franchises qualify for E2 Investor Visa?

Yes, most franchises will be a good fit for this type of visa. For the application to be successful, the investor must assume an active role in the management the franchise business. Passive investment is not allowed.

It is important to hire staff and employees to fill various roles within the franchise. But is expected that the investor will be involved in some sort of decision making role within the franchise business’s organizational structure.

But, it is expected and encouraged to hire management staff with the appropriate experience to fill certain key positions.

Does the investor Need to Buy the Business Before applying for an E-2 Investor Visa?

Establishing a business in the United States is regarded as a key requirement for buyers that are applying for an E-2 visa.

The best course of action is to place the monies that will be used to purchase the business in an escrow account in the United States. In the visa application it is possible to state that the purchase of the business is contingent on the approval of the E-2 Visa and will be finalized once the approval is obtained. It is also important to get all the documents from the Franchise processed, so that a full package can be presented to the US Immigration when filing for the visa application.

For more information click here for our E2 resource page. For legal advice please contact our office. Also remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this post, Attorney Jacob Sapochnick Esq,  will explain the process of immigrating a foreign spouse to the United States utilizing ShowMe drawing technology.

The first part of the process is to file the marriage petition I-130 with USCIS.

Once approved, the following steps take place after you have submitted all required forms and documents to the NVC: 

Step 1

If you are the beneficiary of an I-130 petition, you should contact your petitioner to ensure that they have completed Affidavit of Support Processing.

Step 2

Once the NVC has received your forms and documents, the NVC will review your immigrant visa application and may request additional information from you.

Step 3

Approximately one month before your visa interview appointment, you will receive an appointment letter containing the date and time of the interview, along with instructions for obtaining a medical examination.

For more information on filing an I-751 Waiver please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this video Attorney Jacob J Sapochnick Esq. clarifies the differences between the EB5 Regional Center process and the individual EB5  project

The major advantage of the regional center as compared with an individual EB-5 investment is that indirect employment creation is allowable. In many cases, the sole remaining issues are tracing the funds from the investor to the regional center and proving the lawful source of the investor’s funds. This eliminates the need to deal with the many complicated issues involved in an individual EB-5 petition for which the investment enterprise has not been pre-approved, such as whether the investment entity qualifies as a “new commercial enterprise;” whether the investment is in a “troubled business;” and whether the requisite “direct employment creation” has taken place.
In addition, the regional center option is advantageous because: The foreign national can live anywhere he or she wishes in the U.S.; The foreign national can work anywhere he or she wants; or not work, as he or she pleases; The foreign national’s children may stay in the U.S. and study in the U.S.; and The foreign national can travel in and out of the U.S. as frequently as he or she desires.

Please click here to see our Power Point EB5 presentation

In this video Attorney Jacob J Sapochnick Esq., discusses potential visa pathways for foreign entrepreneurs. Non-immigrant visa pathways may allow foreign entrepreneurs to explore or start a new business in the United States. The immigrant visa pathways may allow foreign entrepreneurs who have already started or are about to start a new business in the United States to immigrate permanently to the United States.

For more information about visa options for entrepreneurs please contact our office.

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What happens to the conditional resident’s green card once the marriage ends in divorce? In this video Attorney Jacob J Sapochnick Esq., discusses one of our most frequently asked questions regarding what a conditional resident can do once their marriage ends in divorce.

If you received U.S. residence because of a recent marriage to a U.S. citizen, your first, “conditional” green card will be valid for only two years. In order to trade that one in for a permanent green card, you will need to file a Form I-751, Petition to Remove the Conditions of Residence. This must (in most cases) be signed by both you and by your U.S. citizen spouse, and mailed to U.S. Citizenship and Immigration Services (USCIS) within the 90 days before the two-year anniversary of the date your conditional green card was issued.
But if you divorce (or your marriage is annulled) before the two years have passed and you want to continue to live in the U.S., filing this petition jointly with your spouse will be impossible. You will still need to submit Form I-751, but will have to include a request for a “waiver” of the joint filing requirement. The waivers most likely to be relevant to your case are based on: divorce after a good-faith marriage abuse or battery by the U.S. spouse in a good-faith marriage, and extreme hardship to the immigrant if returned to his or her country of origin.

For more information on filing an I-751 Waiver please contact our office. Remember to follow us on FacebookYoutubeTwitter, and Instagram 

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Senior Case Manager Inese Grate talks about Investment Opportunities for Russians moving to the USA

For more information contact our office and please remember to follow us on FacebookYoutubeTwitter, and Instagram 

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In this video Attorney Jacob J Sapochnick Esq., explains one of our most frequently asked questions: Can I get a Green Card from an E2 Visa?

While there is no direct way to convert an E2 Visa to a Green Card, there are ways to get a Green Card from an E2. Normally E2 Visas are non immigrant visas, so the intention is to return to the home country one way.

You are eligible to apply for a Green Card while under E-2 status as long as you meet the guidelines through one of the following methods:

  • EB-1 Green Card: You can obtain a green card while under E-2 status if you are an “Alien of Extraordinary ability” or a “Multinational Manager or Executive.” If you find yourself in one of these categories, you can file an immigration petition under one of these categories
  • Family Based Immigration Green Card: You may obtain a green card if you have close relatives in the United States. Your relatives may file a petition in this case.
  • National Interest Waiver: If you are an “alien of exceptional ability,” have an advanced degree or an equivalent level of experience, and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW).
  • Employment Based Immigration: If you can find an employer who is willing to file a Labor Certification form with the Department of Labor, then you may qualify for a green card through the employment based immigration process. Or Self Petition EB2 based on a self petitioned H1B.
  • EB5 Visa – Green Card based on investment of 500K or Million depending on the location in the US.

For more information on this subject contact our office and please remember to follow us on FacebookYoutubeTwitter, and Instagram 

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