Articles Posted in Investor visas

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Want to keep up to date on the latest changes in the E-2 Treaty Investor Visa Program? Then you are at the right place. In this video, attorney Jacob Sapochnick shares new updates for spouses and dependents of principal E-2 visa holders, as well as information about minimum investment requirements for E2 investors, and new requirements for E3 visa applicants.

Overview

New changes governing regulations for spouses and children of E visa holders, and minimum investments amounts, have appeared in the Foreign Affairs Manual (9 FAM 402.9-9) effective on May 1, 2023.

Substantiality Test

One of the requirements of the E2 visa program is to ensure that the amount of capital being invested into your business is “substantial” for the type of commercial enterprise you establish or acquire, while considering the nature of the business.

The law does not set a minimum dollar figure nor minimum amount of investment that is considered to be “substantial” for E-2 visa purposes. However, the Foreign Affairs Manual considers an investment to be “substantial” if it (1) meets the proportionality test (2) is sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and (3) is of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise.

The proportionality test determines whether an investment is substantial by weighing the amount of qualifying funds invested against the cost of the business.  If the two figures are the same, then the investor has invested 100 percent of the needed funds in the business; such an investment is substantial.

Clarification of the Substantiality Test for E2 Renewal Applicants

Section 9 FAM 402.9-6(D) of the Foreign Affairs Manual (FAM) states that once an E2 investor has established that he or she has invested a substantial amount of capital in his or her business to the satisfaction of an Immigration Officer, the applicant generally does not need to be evaluated under this criterion again unless there has been a change in ownership (for example where a sale of the business has occurred).

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Are you going through the immigrant visa process, waiting for your interview to be scheduled at a Consulate or Embassy overseas? Then this video is right for you. We will provide the latest updates including which Consular posts are open, their processing times, and which posts are experiencing long wait times as of June 2023.

Overview

Embassies and Consulates around the world are beginning to ramp up their processing of immigrant visas, with the hiring of additional personnel to reduce the visa backlogs.

During the Coronavirus pandemic, immigrant visa cases have been warehoused at the National Visa Center (NVC) while awaiting interview scheduling at U.S. Embassies and Consulates abroad. Due to the high demand for visa interviews, most Consular posts have not been able to accommodate the majority of applicants who are still waiting for their appointments to be scheduled.

Unfortunately, the National Visa Center (NVC) is not able to forward cases to Embassies and Consulates until they have received confirmation that the post has available interview slots.

This is the case even if your case is documentarily qualified and even if your priority date is current on the Visa Bulletin. Your case cannot be forwarded to the Embassy or Consulate until they have confirmed that an interview slot is available for you.

On the other hand, if your case has not been documentarily qualified (meaning all documentation has been received by the NVC), or your priority date is not current on the Visa Bulletin, then your case will not be scheduled for an immigrant visa interview.

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In this video, attorney Jacob Sapochnick tells you everything you need to know about the EB-5 Immigrant Investor Program in the year 2023. While there have been recent Congressional changes to the program, it is still an option for those who wish to obtain their green card through a qualifying investment.

If you would like to know more about the EB-5 Immigrant Investor Program, please keep on watching!

Did You Know? The EB-5 Immigrant Investor Program was first created by Congress in the year 1990 to stimulate the United States economy through job creation and capital investment by foreign investors. In return for their qualifying investment, investors receive conditional permanent residence in the United States, and are required to remove their conditions on permanent residence by filing Form I-829 within 90 days of their conditional green card’s expiration.

In 1992, Congress extended the program to allow for Regional Center investment, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

Overview

EB-5 Investment Visa: The Ultimate Guide in 2023

What is the EB-5 investor visa?

The EB-5 investor visa allows qualifying investors (and their spouse and unmarried children under age 21) to receive conditional permanent resident status (a 2-year green card).

One of the ways in which foreign investors may qualify for the EB-5 classification is by investing through regional centers designated by USCIS based on proposals for promoting economic growth.

When investing in regional centers, investors will choose a project offered by the regional center in which they wish to invest. Typically, the projects offered for investment are real estate development projects. For regional center investment, the investor does not need to invest in a project in his or her state of residence. The investment can occur anywhere in the United States.

Additionally, regional center investment allows investors to passively invest in the project, without having to direct or manage it themselves. Regional center investment is the most common way to qualify for the EB-5 visa. In fact, 95 percent of all EB-5 investors file their cases through Regional Center investment.

Another way to qualify is by investing directly in a new commercial enterprise that you intend to direct and operate. In this case you will be managing the project yourself. Only 5 percent of EB-5 investors opt for investment in a new commercial enterprise, because it is more risky.

On March 15, 2022, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act, 2022 (Public Law 117-103), which created new requirements for the EB-5 immigrant visa category and the Regional Center Program. EB-5 immigrant visas are currently authorized under the Regional Center Program through September 30, 2027.

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In this video, attorney Jacob Sapochnick discusses the end of the selection process for the H-1B Visa Lottery for fiscal year 2024. If you were not selected in the lottery but would like to know more about your immigration options, then this is the right video for you.

Did you Know? The H-1B visa program allows American companies and/or organizations to employ foreign workers who possess both a theoretical or practical application of a body of highly specialized knowledge and a bachelor’s degree or its equivalent, for a temporary period of time. A congressionally mandated cap limits the number of new H-1B visas that can be issued to 65,000 per year, and 20,000 for those who have earned a U.S. master’s degree or higher.

Overview

On March 27, 2023, the U.S. Citizenship, and Immigration Services (USCIS) announced it received enough electronic registrations to reach the congressionally mandated cap for fiscal year 2024. After the registration period closed on March 17th, USCIS completed a randomized lottery from among registrations submitted, to select qualifying petitions for the 65,000/20,000 H-1B regular visa cap and advanced degree exemption.

Registrants who were selected were notified via email or text message stating that an action was taken on their myUSCIS online account. Account holders could then log in to see the full notice and determine whether they were selected to file paper applications with USCIS.

The period for filing a paper H-1B cap-subject petition with USCIS will be at least 90 days. USCIS began accepting H-1B submissions from selected registrants (Form I-129 with supporting documentation) beginning April 1, 2023.

USCIS has not yet disclosed whether they will conduct additional randomized lotteries to fill the H-1B visa cap. In previous years, additional lotteries have sometimes taken place, where USCIS has determined that it has not received sufficient mail-in applications to fill the H-1B visa cap by June 30, 2023. Historically, second randomized lotteries (if any) have occurred during the month of July, with accountholders being notified in the month of August.

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Welcome back to the Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick shares the most up to date information regarding the current status of U.S. visa services at U.S. Consulates and Embassies worldwide.

Many of our viewers have been asking us to provide a new update regarding visa operations in the year 2023. Here we provide a roundup of everything we know about this important topic.

Keep on watching to find out more.

Overview

As you might remember, the Department of State first suspended routine visa services at U.S. Consulates and Embassies worldwide during March of 2020 due to the COVID-19 pandemic. Slowly, but surely, Embassies and Consulates began a phased resumption of routine visa services, scheduling visa interviews according to local country conditions.

Today, Coronavirus restrictions have been lifted worldwide. Approximately 96 percent of U.S. Embassies and Consulates are interviewing visa applicants, while processing nonimmigrant visa applications at 94 percent of pre-pandemic monthly averages, and immigrant visa applications at 130 percent.

In the past 12 months (through September 30, 2022), DOS reported processing 8 million non-immigrant visas. The agency expects to soon meet or exceed pre-pandemic visa processing capacity.

The waiver of in-person visa interviews for several key visa categories has been an important part of driving down the substantial visa backlogs. For instance, DOS has been waiving in-person interviews for many students and temporary workers integral to supply chains.  In addition, applicants renewing nonimmigrant visas in the same classification within 48 months of their prior visa’s expiration can apply for visas without an in-person interview in their country of nationality or residence.  This has dramatically reduced the wait time for an interview appointment at many Embassies and Consulates.

The State Department estimates that 30 percent of worldwide nonimmigrant visa applicants may be eligible for an interview waiver, freeing up in-person interview appointments for those applicants who still require an in-person interview.

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In this video attorney Jacob Sapochnick, brings you the latest updates regarding the rates of immigrant and non-immigrant visa approvals at U.S. Consulates and Embassies worldwide.

The latest Immigrant and Non-immigrant Visa Issuance Reports recently published by the State Department demonstrate that both immigrant and non-immigrant visa approvals are increasing significantly, nearly returning to pre-pandemic visa processing levels.

If you want to know more just keep on watching.

Did you know? Every fiscal year, the Department of State releases the Immigrant and Non-immigrant Visa Issuance Reports which include important statistics and data relating to current immigrant and non-immigrant visa backlogs at U.S. Consulates and Embassies worldwide. The data includes information regarding the number of immigrant and non-immigrant visas being issued at each Consular post worldwide, and a complete breakdown of visa issuance numbers by visa category.

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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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It’s the start of a brand-new week where we bring you more immigration news. In this video attorney Jacob Sapochnick discusses big changes to the October 2022 Visa Bulletin, including important updates for EB-5 Immigrant Investors, a breakdown of what these changes mean, and what you can expect in the future.

If you are an EB-5 Immigrant Investor or thinking of participating in the EB-5 Immigrant Investor Program, then this is the right video for you.

Did you know? The Visa Bulletin is a handy tool published by the Department of State every month, for employment-based and family preference categories that are subject to numerical limitations. The Visa Bulletin describes the availability of immigrant visas for each preference category according to the applicant’s “priority date,” and country of nationality. Once your priority date has become current, and a visa number is available, you may proceed with the immigrant visa process (or adjustment of status if residing in the United States).

Overview

In this video we analyze specific developments that can be seen in the October 2022 Visa Bulletin as it relates to EB-5 Immigrant Investors.

The October 2022 Visa Bulletin revealed two important considerations for EB-5 Immigrant Investors:

#1: Priority date retrogression for the EB-5 “Unreserved” final action date chart for China from a previous date of December 22, 2015, to March 22, 2015 (9-month retrogression)

#2: Creation of an EB-5 “Unreserved” final action date for India of November 8, 2019, a new date that first appeared in the October 2022 Visa Bulletin.

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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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In this video, attorney Jacob Sapochnick addresses a very important question: I want to apply for a U.S. visa, but my country does not have a U.S. Embassy or Consulate (or it is closed at this time), how can I apply for a visa in this situation?

Did You Know? The United States has a diplomatic presence in more than 190 countries around the world. During the COVID-19 pandemic, certain U.S. Embassies and Consulates have temporarily suspended certain U.S. visa services or have been operated at a very limited capacity due to local country conditions and regulations. In countries where the United States does not have a diplomatic presence, other U.S. Embassies or Consulates have been responsible for the processing of visas from those country nationals.

Want to know more? Just keep on watching.

Overview

There is no U.S. Embassy or Consulate in my home country (or the post nearest me is closed) what can I do to get a U.S. visa? What are my options?

Options for Nonimmigrant and Immigrant Visa Applicants

In countries where the United States has no diplomatic presence, or where the U.S. diplomatic mission has limited or suspended its activities, often times the U.S. Department of States will accommodate visa seekers by processing their applications at U.S. Embassies or Consulates in nearby countries.

However, the U.S. Embassy or Consulate in a nearby country must be willing to accept applications from third-country nationals for the visa type sought. Please note that certain U.S. Embassies or Consulate may not be able to accommodate applicants if the officer is not trained to speak the third-country language or is not familiar with the process for third-country nationals. Third country nationals should also be aware that they bear the responsibility for paying their own costs of transportation and hotel stay in a nearby country, during the visa interview and visa issuance process. Medical examinations for immigrant visas may also need to be conducted by a civil surgeon in the nearby country, therefore applicants should contact the U.S. Embassy or Consulate where they wish to apply to understand the requirements and procedures for third-country nationals.

Due to the recent closure of the U.S. Embassy in Moscow, Russia, for instance, the Department of State designated U.S. Embassy Warsaw in Poland as the processing post for Russian immigrant visa applications.

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