Articles Posted in Entrepreneurs

In this video, we bring you a new update from the State Department, based on recent conversations between State Department officials and representatives of the American Immigration Lawyers Association (AILA).

We will specifically cover topics such as visa processing for third country nationals wishing to secure interview appointments at Consulates and Embassies worldwide, the fate of E-2 visa renewal applicants who previously applied for loans under the Paycheck Protection Program (PPP), the permissible activities of B-1 visa holders while in the United States, issues relating to visa inadmissibility, and nonimmigrant visa denials.

Did You know? We help clients in all 50 states and all countries of the world. If you are interested in discussing your immigration options, we invite you to contact us for a consultation.

If you would like to know more about the recent updates from the State Department, just keep on watching.


Overview


The U.S. Department of State recently met with representatives of the American Immigration Lawyers Association (AILA) to discuss several immigration topics that have been frequently asked by our viewers. Here we provide a summary of those updates and useful information that may be helpful to you.


Visa Appointments for Third Country Nationals


Applicants of certain nationalities have been experiencing difficulties obtaining visa interviews in their home country. For instance, recent political demonstrations in Iran have made it more and more difficult for applicants to travel to neighboring countries, leading applicants to seek visa appointments elsewhere.

Since the United States does not maintain a diplomatic presence in Iran, applicants can travel and apply at any U.S. Embassy or Consulate that processes their visa type. The U.S. Embassies in Ankara, Yerevan, and Dubai are staffed with Farsi-speaking consular officers who are most familiar with Iranian visa applicants, and therefore are encouraged to apply there. However, visas for Iranian applicants can also be processed at other U.S. Embassies such as Abu Dhabi, Frankfurt, Naples, and Vienna.

For others, obtaining a visa interview in their home country has been nearly impossible leading many to ask whether they can apply elsewhere as a third country national.

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Are you in the United States on an E-2 visa or would like to apply for an E-2 visa? Would you like to know how to transition from an E-2 visa to a green card? If so, this is the right video for you. Here you will find information on the different paths to permanent residency that may be suitable for investors to consider in 2022/2023.

Did you know? The E-2 is a nonimmigrant visa type that is available for individuals from certain treaty countries that wish to remain in the United States on a temporary basis to manage their businesses in the United States. Qualified investors are granted an initial stay of 2 years in E-2 status, with additional extensions of up to 2 years each up to the visa’s validity. E-2 investors who wish to make the United States their permanent home, may wish to consider the following options. If you would like to know more information about these options, we invite you to schedule a consultation.


Overview


What is the E-2 visa?


The E-2 Treaty Investor visa is a nonimmigrant visa type, that allows a national of a participating treaty country to gain entry into the United States, for the purpose of managing their business. To be eligible, applicants must invest a substantial amount of capital in their U.S. business, demonstrate at least 50% ownership, and seek to work in a position to develop and direct their business.

The E-2 visa is issued for an initial period of 2 years. However, the main benefit is that there is no limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

With that being said, circumstances sometimes lead E-2 investors to consider making the United States their permanent home, which leads to a common question – how can E-2 investors transition from a nonimmigrant visa type to permanent residency in 2022/2023?


Options for Permanent Residency


  1. Employment Sponsored Green Card also known as “PERM” Labor Certification

The first option that may be considered is obtaining permanent residency through employment-sponsorship through a process known as “PERM” labor certification.

To proceed with this option, the applicant must first have a job offer of future employment from a U.S. employer and the employer must be willing to sponsor the applicant’s employment-based petition.

E-2 investors may find this to be a suitable option if they have an associate, partner, client, etc. interested in hiring them for a future position and acting as their sponsor throughout the PERM process.

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The month of September has come and is nearly gone. That means that it is time to discuss next month’s Visa Bulletin for October 2022. In this video, attorney Jacob Sapochnick shares with you the trends and movement you can expect to see during the month of October for both employment based, and family sponsored preference visa categories, and our predictions for interview appointment availability. October’s Visa Bulletin is also important because it marks the end of the fiscal year.

Did you know? Every month the Department of State releases the Visa Bulletin, which summarizes the availability of immigrant visa numbers for that particular month. The “Final Action Dates” and “Dates for Filing Applications,” charts indicate when immigrant visa applicants can assemble and submit the required documentation to the National Visa Center (for those residing overseas), or USCIS (for those residing in the United States).

The primary purpose of the Visa bulletin is to provide an updated waiting list for immigrants that are subject to the numerical visa quota system.

Want to know more? Just keep on watching.


Overview


USCIS Adjustment of Status Filing Charts for the October Visa Bulletin (for those residing in the USA)


For Family-Sponsored Filings:

Pursuant to guidance released by USCIS, for all family-sponsored preference categories, applicants must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022 to determine when you can apply for adjustment of status.

For Employment-Based Preference Filings:

All applicants, falling under employment-based preference categories, must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2022 to determine when you can apply for adjustment of status.

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Have you ever wondered how you can work in the United States as the founder of your very own startup? If so, you may be interested in learning more about the O-1A visa. In this video attorney Jacob Sapochnick discusses the criteria for individuals who possess extraordinary ability in business and are seeking to open a venture-backed startup in the United States.

Did you know? An approved O-1A visa applicant can remain in the United States for an initial period of 3 years working for the petitioning entity and bring their family members to live with them in the United States. The O-1A visa also opens a pathway for applicants to apply for permanent residency by filing for the EB-1A employment-based immigrant visa category.

Want to know more? Just keep on watching.


What is the O-1A visa?


First let’s discuss the O-1A nonimmigrant visa. The O-1A visa is designed for individuals who possess extraordinary abilities in the field of business, science, education, or athletics, and who can meet a specified set of criteria that must be demonstrated in the application package to ensure the applicant’s success.

Those who successfully attain the O-1A visa can live and work in the United States for an initial 3-year period, and pitch ideas to venture capitalists interested in supporting their company.


How can you demonstrate extraordinary ability in business?


To demonstrate extraordinary ability, applicants must be prepared to show evidence of a major internationally recognized award (such as a Nobel Peace Prize), or if the applicant does not have such an award, they must meet at least three of the following criteria which we discuss in turn below:

  1. AWARDS—Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor

The first criterion is providing documentation showing that you have received nationally or internationally recognized prizes or awards for excellence.

How does this translate to the startup world? There are several ways that one can qualify for this criteria as a startup founder. For instance, if you have received a grant from the government recognizing your proposed endeavor as one that is exceptional, you may be able to use the grant as evidence to meet this criteria. Alternatively, if you were a participant in a prestigious or distinguished event or competition, and you were one of the winners or finalists in the competition, you may also use documentary evidence of your participation to meet this criteria.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update from the U.S. Department of State regarding the status of E-2 Treaty Investor Visa processing at Consulates and Embassies worldwide. Please note that this information is being provided as of March of 2022.

Want to know more? Keep on watching for all the details.


Overview


In the past few months, E-2 visa processing times have varied significantly due to the suspension of routine visa services at all U.S. Embassies and Consulates, a move that was announced by the Department of State in July of 2020. This suspension occurred in response to significant worldwide challenges posed by the Coronavirus pandemic. Since then, operational capacity has continued to be limited for non-immigrant visas at most U.S. Embassies and Consulates resulting in delays in providing visa interview appointments, including for E-2 visa investors. To make matters worse, the Department of State put the processing of non-immigrant visas on the back-burner, giving priority to immigrant visa petitions including family-based petitions and fiancé(e) visas. In this post, we provide you with the most up to date information regarding current processing times as of March 2022 for E-2 investors to receive an appointment at Consular posts abroad.

Not only has there been a sharp decline in E-2 visa processing at most Consulates and Embassies worldwide, but some posts have refused to accept E-2 visa applications altogether. Such Embassies that have refused to accept E-2 visa applications include U.S. Embassy Ankara, Turkey; U.S. Embassy Bogota, Colombia; and U.S. Embassy Bridgetown, Barbados.

The U.S. Embassy in Bogota, Colombia for instance has not adjudicated any E-2 visa applications for more than 1 year, according to recent information provided by the U.S. Department of State.

In a recent meeting between the American Immigration Lawyers Association (AILA) and the U.S. Department of State, the government provided more information regarding E-2 visa processing delays. Here is what they had to say.

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Welcome back to Immigration Lawyer Blog! Are you an entrepreneur wishing to work in the United States temporarily? In this video, Jacob Sapochnick discusses how you can live and work in the United States as an entrepreneur on an O-1A visa.

Want to find out more? Just keep on watching.


Overview


As you know there is no clear pathway in U.S. immigration law for entrepreneurs to obtain a U.S. visa to work in the United States. While many had hoped that comprehensive immigration reform would bring about much needed changes in our current immigration system to afford entrepreneurs the opportunity to build their businesses in the U.S., no “start-up” visa has yet been legislated. However, entrepreneurs are increasingly turning to the O-1A visa as an alternative.


What is the O-1A visa?


The O-1A nonimmigrant visa is suitable for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (not including the arts, motion pictures, or television industry which is known as the O-1B visa).

To be eligible, applicants must demonstrate extraordinary ability by sustained national or international acclaim and must be coming to the United States temporarily to continue work in an area of extraordinary ability. Extraordinary ability under U.S. immigration law means that you are one of a small percentage who has arisen to the very top of your field.

One of the main drawbacks of the O-1A visa is that you cannot self-petition for an O-1A. You must have a contract with a U.S. employer to establish a valid employer-employee relationship. As an entrepreneur, however, you may form a company in the U.S. which can petition you for an O-1A, so long as a valid employer-employee relationship has been created.

A valid employer-employee relationship exists where other individuals in the business entity can hire, fire, pay, or control your work. At all times, the company (petitioning entity) must be in control of the work conditions. If it is impossible to fire the employee, then no valid employer-employee relationship can be said to exist.

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Welcome back to Immigration Lawyer Blog! We kick off the start of a brand-new week with new White House initiatives expanding the post-completion Optional Practical Training program for STEM international students, as well as other government initiatives to attract entrepreneurs and highly skilled professionals to the United States seeking O-1 visas and National Interest Waivers.

Want to know more? Just keep on watching!


Overview


White House Releases Initiative Expanding STEM OPT


We are excited to share that just last week, the White House announced a series of policy changes designed to attract and retain the knowledge and training of international students working toward science, technology, engineering, and mathematics (STEM) related fields in the United States. Among these new initiatives, DHS Secretary Alejandro Mayorkas has announced the expansion of the STEM Optional Practical Training (OPT) program, with the addition of 22 new fields of study to the STEM Degree Program List, including economics, computer science, mathematical economics, data science, business and financial analytics.

Currently, the F-1 STEM optional practical training (OPT) extension program grants F-1 students with a qualifying STEM degree, the ability to work in the United States with OPT work authorization for a period of up to 36 months. This expansion of the program will now increase the pool of candidates eligible to receive employment authorization.

Some of the newly added fields of study include: Bioenergy; Forestry, General; Forest Resources Production and Management; Human Centered Technology Design; Cloud Computing; Anthrozoology; Climate Science; Earth Systems Science; Economics and Computer Science; Environmental Geosciences; Geobiology; Geography and Environmental Studies; Mathematical Economics; Mathematics and Atmospheric/Oceanic Science; Data Science, General; Data Analytics, General; Business Analytics; Data Visualization; Financial Analytics; Data Analytics, Other; Industrial and Organizational Psychology; Social Sciences, Research Methodology and Quantitative Methods. To view a complete list of qualifying fields, please click here to view the Federal Register notice. Continue reading

Welcome back to the Immigration Lawyer Blog! It’s the start of a brand-new year and as always, we at the Law Offices of Jacob J. Sapochnick, are committed to bringing you the latest in immigration news. We are happy for you to join us.

In this video, attorney Jacob Sapochnick shares his top predictions for U.S. immigration in the new year. In this blog post we cover the following topics: What will happen to visa processing during the COVID-19 pandemic? Will there be immigration reform in the new year? Will any new changes be made to the H-1B visa program? What about fee increases? Stay tuned to find out more.


Overview


What are some of our key immigration law predictions for the upcoming year?


Increase in Filing Fees for USCIS petitions and DOS Non-Immigrant Visa Fees


Our first prediction for the new year is an increase in filing fees at both the USCIS and Department of State levels, to help increase government resources during the ongoing COVID-19 pandemic. As you might recall, back in October of 2020, USCIS attempted to increase its filing fees to meet its operational costs. Among the petitions that were to be the most impacted were N-400 applications for naturalization, L visa petitions, O visa petitions, and petitions for qualifying family members of U-1 nonimmigrants.

Fortunately, in September of 2020, a federal court struck down the planned USCIS increase in fees arguing that the new fee increases would adversely impact vulnerable and low-income applicants, especially those seeking humanitarian protections.

We believe that early in the new year USCIS will again publish a rule in the Federal Register seeking to increase its fees to help keep the agency afloat. USCIS previously insisted that the additional fees were necessary to increase the number of personnel at its facilities to meet the increasing demand for adjudication of certain types of petitions. It is no secret that USCIS has experienced severe revenue shortfalls since the start of the pandemic as more and more families found it difficult to afford filing fees. Once those details have been made public we will provide more information right here on our blog and on our YouTube channel.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions regarding the Employment-Based First Preference immigrant visa category also known as EB-1A, reserved for individuals of extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. In this video, we talk about some of the major advantages of the EB-1 visa category including the direct path to permanent residency it offers without the need for sponsorship by a U.S. employer or qualifying family petition.

Want to know more? Just keep on watching.


EB-1A Frequently Asked Questions


Q: Who Qualifies for the EB-1A visa category.


The EB-1 visa is an immigrant visa category, that allows foreign nationals with extraordinary ability in the sciences, arts, education, business, or athletics to obtain permanent residency in the United States. The foreign national’s extraordinary ability must be shown through documentation evidencing sustained national or international acclaim by recognition in his or her field. Applicants who are successful are those that are at the top of their field and are known as individuals of extraordinary ability in their industry.

The general criteria are as follows:

#1: The person has extraordinary ability in the sciences, arts, education, business, or athletics, which has been demonstrated by sustained national or international acclaim, and whose achievements have been recognized in the field through extensive documentation.

#2: The person seeks to enter the United States to continue work in the area of extraordinary ability.

#3: The person’s entry into the United States will substantially benefit the United States in the future.


Q: How does USCIS define extraordinary ability?


USCIS defines a person of extraordinary as one of that small percentage of individuals who has risen to the very top of his or her field of endeavor, and that has sustained national or international acclaim. An individual’s extraordinary ability is demonstrated by providing documentation that supports the applicant’s claim of achievements and recognition in their field. Examples of documentation that is typically provided to support an EB-1A application includes evidence of a one-time achievement (major internationally recognized award) or at least 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

  • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence in your field of endeavor
  • Evidence of membership in associations in the field which demand outstanding achievement of their members
  • Evidence of published material about you in professional or major trade publications or other major media
  • Evidence that you have been asked to judge the work of others, either individually or on a panel
  • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
  • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media (typically provided by scientists or researchers)
  • Evidence that your work has been displayed at artistic exhibitions or showcases
  • Evidence of your performance of a leading or critical role in distinguished organizations
  • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
  • Letters of recommendation from recognized experts in the field
  • Evidence of major grants, patents, or intellectual property awarded to the applicant

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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: can a TikTok star or social media influencer apply for a U.S. Visa?

Keep on watching to find out more.


Overview


TikTok has quickly become one of the most popular social media platforms in the world, with many finding success by attracting the attention of thousands and even millions of the site’s visitors. This has led many successful social media personalities to ask: Is it possible to work in the United States as a social media influencer? What are the steps involved? What type of U.S. visa is right for me and what are the requirements?

The reality is that the U.S. immigration system is extremely outdated with most visa categories passed by statute in the early 1990’s. As a result, there is no designated visa classification for social media influencers per se. Luckily, the O-1B visa category for individuals of extraordinary ability or achievement in the arts, is flexible enough to apply to social media influencers who have received employment opportunities to collaborate with brands in the United States.

As more and more U.S. companies have come to rely on social media influencers to elevate their brand and market their products and services, immigration has come to recognize the importance of their contributions to the U.S. economy, and has increasingly allowed social media influencers to demonstrate their extraordinary ability by way of the O-1B visa.

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