Articles Posted in Entrepreneurs

Overview: 

What is an E-2 visa?

The E-2 treaty investor visa is a non-immigrant visa that allows foreign entrepreneurs from treaty nations to enter the United States and carry out investment and trade activities, for a specified period of two years subject to renewal. Investment activities include the creation of a new business. Foreign nationals must invest a substantial amount of capital in a new or existing business. The investment must be significantly proportional to the total investment, that is, usually more than half the total value of the enterprise or, if a new business, an amount normally considered necessary to establish the business.

Who can get it?

Only foreign nationals from treaty nations may apply for the E-2 visa. To find out if your country qualifies, click here.

Level of Investment

Therefore, the level of investment must be such that it is sufficient to justify presence of the treaty national in the United States. The investment must be in an operating business e.g. a speculative investment in undeveloped land would not qualify, whereas an investment in a real estate development project probably would. Also, a substantial part of the investment must have been made prior to applying for E-2 status.

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What are some alternatives to the H-1B visa?

By now you know that the H-1B cap has been reached for Fiscal Year 2019. But what happens if you were not selected in the H-1B visa lottery?

In this post, we will discuss some alternatives to the H-1B visa that will allow you to stay and work in the United States.

  1. The O-1 “Extraordinary Ability” Visa:

This visa type is for aliens of extraordinary ability in the sciences, education, business, athletics, motion picture, television, or arts industries who have received national and/or international acclaim in their field. An alien on an O-1 visa may live and work in the United States for a period of up to three years.

An O-1 visa is a great visa for people in the start-up world and technology sector. This visa is for people holding an advanced degree (at least a master’s degree) who have either started their own business, have patented inventions, are leading experts in their fields, and/or have gained notoriety in their fields as evidenced by awards and other national recognitions.

  1. TN Visa for Mexican and Canadian Nationals

The TN visa allows nationals of Mexico and Canada to work in the United States, provided their profession is on the NAFTA list. The maximum period of initial admission to the US is three years, but visa holders may apply for extensions in amounts of one year.

  1. E-3 Visa for Australian Nationals

Similar to the H-1B visa, the E-3 classification allows Australian nationals to travel to the United States to work in a specialty occupation. Applicants must have a bachelor’s degree or its equivalent to qualify and must work in a specialty occupation often associated with the STEM occupational fields. The E-3 visa is issued for an initial period of no more than 2 years, with extensions granted in 2-year increments.

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In this post, we discuss the top most commonly denied specialty occupations for the H-1B visa program. Don’t be caught in the dark. For more information just keep on watching.

0:19 – Marketing Manager

0:47 – Business Development Manager

1:12 – Technical Writer

1:37 – Computer Programmer

1:56 – Financial Analyst for Business

2:36 – Sales Positions

2:56 – Arts and Fashion

These occupations have been repeatedly denied over the years during H-1B filing season.

  1. Marketing Manager: It is very difficult to receive an approval with this occupation because USCIS has claimed that on the Occupational Outlook Handbook (OOH), the occupation of marketing manager does not require the individual to have a specific degree or a bachelor’s degree at all.
  2. Business Development Manager: This occupation falls under the Market Research Analyst category. We have seen quite a few denials associated with this occupation within the past 2 years. It is difficult to receive an approval for market research analysts, and the rate of requests for evidence issued for this occupation have increased tremendously.
  3. Legal Technical Writer/Technical Writers: We have seen increasing denials associated with this occupation since the last filing season. Extensions have also proved difficult to receive for this occupation. The common reason for denying this occupation is also that the OOH does not require the individual to have a specific degree or a bachelor’s degree at all.
  4. Computer Programmer: Based on recent memos issued by USCIS it is very difficult to receive an approval for this occupation because USCIS does not think that a bachelor’s degree is required for this position.
  5. Financial Analyst for Business: We have seen denials for financial analysts seeking to work for a business that isn’t involved in the financial sector. This applied in a situation where the beneficiary was seeking a financial position within a large restaurant. In this situation, USCIS has questioned whether the degree is a specialty occupation because although the position requires a bachelor’s degree, within the restaurant industry it is not common to require a degree for the position.
  6. Sales Positions: It is very difficult to receive an H-1B for a sales position. We would recommend reconsidering applying for the H-1B visa, or changing your position based on your job description.
  7. Arts and Fashion: Positions that are not specifically geared toward fashion design or graphic design are increasingly scrutinized by USCIS.

If you have questions regarding your H-1B position, please contact our office for a free consultation.

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0:18 – Tip number 1: Make sure make sure that your education matches the job that you’re applying for.

1:08 – Tip number 2: Make sure that the job itself requires a degree.

1:50 – Tip number 3: Understand what is the salary that is required to be paid for this position.

2:38 – Tip number 4: Make sure that the application that is filed is highly organized.

3:55 – Tip number 5: Send the application to the correct address.

In this video attorney Jacob Sapochnick discusses his top tips for filing a successful H-1B visa this H-1B season.

Remember that USCIS will begin accepting H-1B petitions subject to the FY 2019 cap on April 2, 2018.  The filing period is expected to end on April 6, 2018.

Step One: Make sure your education matches the job duties required by the employer who will be sponsoring your H-1B petition. If your degree is unrelated to the position, you will not qualify for the H-1B visa, unless you have extensive work experience directly related to the position. It is very difficult to gain approval if your degree is not related to the position you will be filling.

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In this video, attorney Jacob Sapochnick discusses the 5 main ways to obtain permanent residence in the United States. Permanent residency allows a foreign national to live and work in the United States.

0:22 – 1. Family Based Immigration

0:56 -2. Employment Based Immigration

1:48 – 3. Investment Based Immigration – EB5

2:42 – 4. Diversity Green Card Lottery

3:26 – 5. Asylum and Special Immigrant Visas

Family-Based Sponsorship

The first and most common way to obtain a green card is through family based sponsorship where an immediate US Citizen relative files a petition for you the foreign national. There are generally 2 ways for a US Citizen to petition for an intending immigrant (1) file a petition with USCIS if the intending immigrant is residing inside of the United States, and entered the United States by lawful means through a U.S. port of entry and was properly inspected upon their entry or (2) if the intending immigrant resides outside of the United States, the beneficiary will need to go through consular processing to obtain an immigrant visa at a U.S. embassy or consular post abroad.

Certain extended family members (brothers and sisters) may also petition for a foreign national, however these visas are limited and subject to a waiting period according to the Visa Bulletin.

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In this video, our client Laura from Mexico speaks about her unique experience working with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your free first time consultation.

For more information about the services we offer please visit our website.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

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In this video, our client Raluca from Romania speaks about her unique experience working with the Law Offices of Jacob J. Sapochnick. Our law office specializes exclusively in immigration and nationality law. We work with a broad range of clientele including entrepreneurs, investors, business visitors, foreign workers, U.S. employers, asylees, students, athletes, performers, families seeking to immigrate their family members and much more. Throughout the years, we have established a proven track record of success and a high level of customer service that is unparalleled in the legal industry. Contact our office today to schedule your free first time consultation.

For more information about the services we offer please visit our website.

Remember to follow us on Facebook, Youtube, Twitter, and Instagram.

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In this post, we would like to highlight one of our many client testimonials written by a former client Berkan Bilgin. At the law offices of Jacob Sapochnick, we offer the highest level of customer service from beginning to end. Our boutique legal practice makes our practice one of a kind. From our staff members to our attorneys, at the law offices of Jacob Sapochnick, we are constantly inspired by the stories of our clients, and work hard to make their dreams a reality.

For more information regarding the services we provide please visit our website.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram.

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Merry Christmas 🎄🎁

Posted by San Diego Immigration Lawyer, Jacob J. Sapochnick on Sunday, December 24, 2017

We would like to wish you and your families happy holidays and all the best in the new year. What are your new years resolutions? We would love to hear them. Thank you for trusting our office to handle your immigration needs. If you would like to learn more about the services we offer please visit our website. To schedule a free first time consultation, please contact our office.

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In this video, attorney Jacob Sapochnick sits down with Real Talk San Diego to discuss our diverse immigration practice. Our office specializes in all aspects of immigration and nationality law. We assist entrepreneurs and investors who wish to come to the United States to set up and start their businesses in this country, foreign spouses and fiances of US Citizens who wish to immigrate to the United States, as well as students, engineers, athletes, musicians, hospitality workers, nurses, and other foreign workers who wish to live and work in the United States for a temporary period of time. We also specialize in assisting foreign workers obtain permanent residency through their employers. But that’s not all. To discover all that we have to offer please visit our website. If you are interested in exploring your options please contact our office to schedule a free first time consultation. Our attorneys and staff members are fluent in Spanish, Mandarin, Arabic, Hebrew, French and Russian.

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