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Articles Posted in Entrepreneur Immigration

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video attorney Jacob Sapochnick provides an important update regarding upcoming changes to the H-1B lottery program for cap-subject petitions.

Want to know more? Keep on watching for more information.


Overview


We have big news regarding new changes to the H-1B visa lottery program. On January 8, 2021, the Department of Homeland Security (DHS) published a final rule in the federal register entitled, “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” which will completely change the selection process for cap-subject H-1B petitions (for both regular cap and the advanced degree exemption) beginning March 9, 2021.

The purpose of the final rule is to modify the H-1B cap selection process, amend current lottery procedures, and prioritize wages to ensure H-1B visas are awarded only to the most highly skilled foreign workers according to a new wage level selection process.

It is important to note that these new changes will impact the upcoming H-1B FY 2022 visa registration cycle for cap-subject petitions, which begins in March. Transfer applications and renewals will not be impacted by this new rule.

According to the new rule, USCIS will no longer follow the randomized computer-generated selection process and will instead rely on a wage ranking system to select necessary registrations each fiscal year.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: how can I apply for an E-2 investor visa despite the ongoing Coronavirus pandemic and suspension of routine visa services at Consulates and Embassies worldwide.

Want to know more? Keep on watching for more information.


Overview

More and more our office is receiving inquiries from prospective E-2 visa applicants who are stuck in the application process due to the ongoing Coronavirus pandemic.


First, what are the requirements for an E-2 visa?

The E-2 visa is a treaty trader investor visa that allows foreign investors from select countries to invest in an existing or new business enterprise in the United States.

Requirements:

  • The investor, either a person, partnership or corporate entity, must be a citizen of a treaty trade/investment country
  • You must have invested or be in the process of investing in the business and show the path of funds for the investment from your home country to the US account
  • The investment must come from the investor and the money must be “at risk,” meaning that the investor must take action to invest the money into equipment, renting the business premises, and other such investment activities
  • You must actually start the business and hire workers before applying for the E-2 visa
  • You must be in a position to direct the business with your experience and/or skills and be involved in the management or operation of the business. You cannot be a passive investor
  • There is no set investment amount required however the investment must be sufficient to start the particular business (this amount will vary depending on the type of business enterprise)
  • The business cannot be marginal –the business should not be established solely for the purpose of earning a living for the applicant and his or her family.

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Welcome back to Immigration Lawyer Blog, where we discuss all things immigration. In this video, we talk about the different investment visa options available under current law.

E-2 Non-immigrant Visa: Visa through Investment

The first option is the E-2 visa. This is a non-immigrant visa that allows foreign nationals from eligible treaty nations to invest in a new business in the United States. The required investment amount will vary depending on the type of business.

Not every country participates in the E-2 visa program. You must be a national of a treaty nation in order to qualify. For a complete list of qualifying countries please click here.

The amount of time a foreign national may remain in the United States with an E-2 visa depends on the applicant’s country of nationality. The average processing time to receive an E-2 visa is approximately 3 to 5 months. In order successfully obtain an E-2 visa, the applicant must be able to demonstrate the source of funds of the investment, hire employees to work for the business, and the business must be real and operating.

It is important to note that the E-2 visa does not lead to a green card but can be extended.

EB-5 Immigrant Visa Program: Green Card through Investment

The EB-5 Immigrant Visa Program allows you to invest half a million dollars into a regional center government approved project, or a million dollars direct investment in your own project. To qualify, your investment must create at least 10 jobs and the business must be succeeding and growing.

After November 21, 2019, the minimum investment will increase from half a million to $900,000 for investment in a regional center, and from one million to 1.8 million for direct investments.

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In this video attorney Jacob Sapochnick discusses a hot topic in immigration: how should an EB-5 investor choose a Regional Center?

In this video, Jacob Sapochnick will give you his top 5 tips for choosing a Regional Center.

First, what is a Regional Center?

An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Regional centers are designated by USCIS for participation in the EB-5 Immigrant Investor Program.

Where can I find approved Regional Centers?

The USCIS website contains a list of approved EB-5 (immigrant investor) regional centers by state. Please keep in mind that although these regional centers have been approved by USCIS, you must down your own research to evaluate the regional center’s reliability and their record of success. Do not assume that because the Regional Center has been approved by USCIS that it is a Regional Center worth investing in. You must be diligent when doing your research and seek the advice of a professional when making any investment decision.

As you do your research you will see that real estate projects predominate among regional centers although some regional centers also have investment projects in other sectors.

As a rule of thumb investors should take the following factors into account when choosing a regional center:

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In this video attorney Jacob Sapochnick discusses upcoming changes to the EB-5 Immigrant Investor Program.

Under a new rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program will go into effect on Nov. 21, 2019.

The new rule modernizes the EB-5 program by:

  • Providing priority date retention to certain EB-5 investors;
  • Increasing the required minimum investment amounts to account for inflation;
  • Reforming certain targeted employment area (TEA) designations;
  • Clarifying USCIS procedures for the removal of conditions on permanent residence; and
  • Making other technical and conforming revisions.

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Great news for New Zealand Investors!

In this video attorney Jacob Sapochnick discusses New Zealand’s recent addition to the E-2 Investor Visa Program.

With the passage of the Knowledgeable Innovators and Worthy Investors Act (KIWI), New Zealand nationals may now apply for the E-1 and E-2 Investor Visa.

There are two ways to apply for the E Visa.

Applicants Lawfully in the U.S.

Investors who are already lawfully present in the U.S. on a valid nonimmigrant visa may file Form I-129 to change their status to the E-2 visa classification, with the necessary supporting documentation.

Applicants Outside the U.S.

Investors who are outside of the U.S. must apply for the E-2 nonimmigrant visa at a U.S. Consulate near their place of residence. The applicant must submit the DS-160 Online Nonimmigrant Visa Application, pay the necessary fees, and schedule their visa interview. Applicants must bring their complete application and necessary documentation to establish eligibility at the time of their interview.

What are the Requirements?

  • The investment funds and the applicant must come from the same Treaty Country.
  • The business in which investment is being made must provide job opportunities or make a significant economic impact tin the United States. The business should not be established solely for the purpose of earning a living for the applicant and his or her family.
  • The investment must come from the investor. The money must be “at risk”. Thus, a loan that is secured by the assets of the business itself will not qualify i.e. if loans have been taken out, they must be secured or guaranteed by the investor personally, and not by the assets of the corporation.

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מעכשיו – ישראלים זכאים לאשרת משקיע (ויזת משקיע)

שגרירות ארה”ב בישראל שמחה להודיע, בעקבות חתימת אמנה בין ישראל לארה”ב, על החלת הזכאות לויזת משקיע מסוג E-2 על בעלי נתינות ישראלית, וזאת החל מ-1 במאי 2019.

אשרה מסוג E-2 היא אשרה זמנית (שלא למטרת הגירה) למי שמעוניין לפתח, לנהל או לספק מיומנויות מיחדות למיזם/פרויקט שבו הבעלים (מבקש האשרה) משקיע סכום הון ניכר. עם החלת האשרה מסוג E-2 נוצרה למשקיעים ישראלים הזדמנות להשקיע בכלכלה האמריקאית ולשלוח לארה”ב עובדים בעלי הכשרה.

באותו אופן, אזרחי ארה”ב יהיו זכאים לפנות בבקשה לאשרה לצורך השקעה בישראל. בכדי שהמשקיע הישראלי יהיה ראוי לאשרה הנ”ל צריכים להתקיים התנאים הבאים:

· ההשקעה הכספית צריכה להיות משמעותית ומספיקה להבטיח תיפעול מוצלח של המיזם/פרויקט.

· העסק צריך להיות מיזם/פרויקט ממשי פעיל.

· המשקיע צריך לנסוע לארה”ב כדי לפתח ולנהל את הפרויקט.

· אם המבקש אינו המשקיע, הוא או היא צריכים להיות מועסקים בפרויקט בתפקיד של פיקוח, או ניהול, או בתפקיד הדורש מיומנות מיוחדת בדרגה גבוהה.

המעוניינים בהגשת בקשה לאשרה הנ”ל לארה”ב מופנים לעיין בתשומת לב ברשימת הדרישות המפורטת באתר האינטרנט של שגרירות ארה”ב בירושלים. יש למלא את הבקשה בקפדנות ולעקוב אחר השלבים הנדרשים.

לאחר שהמחלקה הקונסולרית של השגרירות מקבלת בקשה מלאה ובוחנת את התיעוד הראייתי המצורף לה, יתואם עם המבקש מועד לראיון בתל-אביב.

בראיון יתקיים דיון על פרטי העסק נשוא הבקשה ועל ההשקעה הכספית, על ההסטוריה של העסק ועל התכנית העסקית, וכמו כן ידון הניסיון המקצועי של המשקיע.

If you have any questions please email jacob@h1b.biz or on whatsapp: 1-619-203-9944 to discuss. Please also remember to follow us on FacebookYoutubeTwitter, and Instagram.

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Have you ever wondered how you can land a job with a US employer who will sponsor you for an H-1B visa?

In this video attorney Jacob Sapochnick discusses the process of finding a job in the United States that can lead to an H-1B sponsorship.

To be able to work in the United States you must have a work visa. The most common work visa is the H-1B visa.

What is the H-1B visa?

The H-1B visa allows American companies and/or organizations to employ foreign workers in a specialty occupation. To be able to apply for the H-1B visa you must have a job offer from a U.S. employer, and a bachelor’s degree or the equivalent work experience to work in the position sought.

The H-1B visa is a visa for professionals. Attorneys, architects, engineers, business directors, lodging managers, etc. can apply for the H-1B visa based on their specialty occupation.

How do you land a job offer?

U.S. employers are open to hiring foreign nationals, but many are unaware of the process that goes into employing a foreign national.

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In this video attorney Jacob Sapochnick shares exciting news, New Zealand has now been added to the list of eligible citizens that may apply for an E-2 Investor visa.

A recent change in the law now allows citizens of New Zealand to come to the United States as investors and apply for the E-2 investor visa. Citizens of New Zealand may invest in any business venture, with an investment as low as $50,000.

Previously, citizens of New Zealand were not a part of the E-2 investor visa program, so this is a great opportunity for entrepreneurs interested in bringing their talents to the United States.

What is the E-2 visa?

The E-2 visa is suitable for persons who are: a) foreign nationals of a treaty trader country b) interested in making a substantial investment in a new business in the United States or existing U.S. business c) not interested in permanent residence d) interested in remaining in the United States for the short term.

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In this video attorney Jacob Sapochnick discusses an important E-2 visa subject: how do you prove source of funds for your E-2 investment?

Loans

If your source of investment is a loan: you must prove that your loan is secured by some personal property.

Gifts

If your source of funds is a gift: you must prove that you have control of that gift and show the source of funds of the person that gave you the gift, for example if the funds came from the sale of the house, the documents of the sale of that house must be provided. If the funds came from savings, then the person would need to provide their savings account statements. If the funds came from someone’s salary, then pay stubs must be provided.

In general, if a person has given you a gift of money, and that is the source of your E-2 investment, that person must prove how they got the money.

Proceeds from Real Estate

If the funds are coming from the proceeds of a real estate sale then you must provide the deed, proof of the bill of sale and the transaction, etc.

Investments

If the source of funds is coming from investments such as stock, life insurance, then at least three years of tax returns must be provided, and three years of statements from those institutions.

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