Articles Posted in Start-Up Immigration

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 discusses the top five reasons you should apply for the E-2 Treaty Investor Visa in 2021 and how the E-2 visa can benefit you.

Want to know more? Just keep on watching.


Overview


What is the E-2 visa all about and what are the main benefits of this visa?

The E-2 treaty investor visa is a temporary non-immigrant visa type reserved for foreign entrepreneurs from countries that have a Treaty of Trade and Commerce with the United States. It is a visa type generally suitable for certain foreign nationals who want to become business owners in the United States. The amount of money that must be invested into a U.S. business entity in the United States must be “substantial,” and largely depends on the type of business that is involved.

In general, to qualify for E-2 classification, the treaty investor must:

  • Be a national of a country with which the United States maintains a treaty of commerce and navigation;
  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States; and
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick talks about President Biden’s newly signed executive orders on immigration and his administration’s new legislative bill.

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


Overview


On January 20, 2021, in his first day in office, President Biden signed a series of executive orders relating to immigration. In this video, attorney Jacob Sapochnick discusses what these executive orders will mean for you and what we may expect to see from the Biden administration in the months ahead with respect to comprehensive immigration reform.


Fact Sheet on Immigration


The Biden administration unveiled a brand new immigration reform bill entitled, the U.S. Citizenship Act of 2021, which proposes to overhaul the United States immigration system.

The bill includes a number of new reforms designed to streamline the immigration system and create a pathway to citizenship for undocumented immigrants. To become law, the bill must still pass both houses of Congress including the U.S. House of Representatives and the Senate.

These reforms are as follows:

  • Offers an 8-year path to citizenship for millions of people who were living in the United States unlawfully on Jan. 1, 2021. They would be eligible to apply for a green card after 5 years in a temporary status if they pass background checks and pay their taxes and could then apply for citizenship 3 years later.
  • Allows people with Deferred Action for Childhood Arrivals (DACA) protection, a group known as “Dreamers”, who were brought to the United States illegally as children, farmworkers and people with Temporary Protected Status to immediately apply for a green card if they meet specific requirements. They would have a 3-year path to citizenship.
  • Permits certain immigrants who were deported during the Trump administration and had previously lived in the United States for three years to return to reunite with family or for other humanitarian reasons.
  • Raises annual per-country limits on family-based immigration and eliminates them for employment visas.
  • Introduces changes to ease the U.S. citizenship application process.
  • Increases the diversity visa lottery program visa quota from 55,000 to 80,000.
  • Exempts spouses and children of green card holders from employment-based immigration quotas, expanding the number of green cards available to employment-based immigrants.
  • Scraps multi-year bars to re-entry for certain people who lived in the United States illegally and then left.
  • Clears family-based and employment-based visa backlogs.
  • Provides work permits to dependents of H-1B visa holders.
  • Authorizes regional processing centers in Central America to register and process people for refugee resettlement and other legal migration programs.
  • Authorizes funding for legal counsel for vulnerable populations of migrants, such as children.
  • Increases the number of immigration judges working in the court system.
  • Eliminates the 1-year filing deadline for asylum applications.
  • Changes the word “alien” to “noncitizen” in U.S. immigration laws.
  • Immigrants with approved family-sponsored petitions (I-130) can join family members on a temporary basis while they wait for their green cards to become available.
  • New immigration protections for widows and children of second World War veterans.

For more detailed information about the U.S. Citizenship Act of 2021 please click here.

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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 discusses the new H-1B mandatory electronic registration system and what to expect after the mandatory registration period has closed. Keep watching for more information.

Overview:

As you know H-1B season FY 2021 is now in full swing. The new mandatory H-1B electronic registration system opened March 1, 2020 and will remain open until noon ET March 20, 2020.

Since the implementation of this new system our clients have been asking whether the system is working, whether there have been any glitches, and whether we have encountered any problems with the registration process.

So, what has happened since the system opened?

Unfortunately, during the first few days the system was open, our office encountered a few problems while registering our clients. The main problem was that the online system was locking us out and preventing us from completing our client’s registrations. Due to this, our office had to set up multiple accounts to prevent the system from locking us out in order to successfully complete the registrations.

Secondly, when registering in the system a code is supposed to be populated that is emailed to the employer for the purpose of verifying the information provided during the registration process. Our office experienced numerous problems retrieving this code, and in other cases the code provided by the system did not work altogether.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new H-1B online registration system and everything you need to know if you are applying for an H-1B cap petition in fiscal year 2021.

Overview:

What’s new?

As our blog followers will know, the United States Citizenship and Immigration Services has drastically changed the filing procedure for submitting H-1B cap subject petitions.

Beginning March 1, 2020, before a petitioner can file an H-1B cap-subject petition on behalf of an alien worker, including petitions eligible for the advanced degree exemption, the petitioner must first electronically register with USCIS on the USCIS website.

This electronic registration requirement is absolutely mandatory.

Only petitioners with a valid registration selection will be eligible to file an H-1B petition with USCIS.

The initial registration period for H-1B FY 2021 will open on March 1, 2020 and is expected to close on March 20, 2020. The actual end date will be provided by USCIS very soon on its website. Petitioners must pay a $10 H-1B registration fee per submission. Duplicate registrations are prohibited.

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In this video attorney Jacob Sapochnick shares very exciting news for Israeli citizens. The U.S. Embassy has announced that Israeli citizens are now eligible for the E-2 investor visa. This is very exciting news because Israeli citizens have been waiting for Israel to be added to the E-2 visa program for years.

The U.S. Embassy in Israel has announced that Israeli citizens may begin to apply for the E-2 visa at the Embassy in Tel Aviv beginning May 1st.

The E-2 visa is a temporary (nonimmigrant) visa that can be used to develop, direct, or provide specialized skills to an enterprise in which the owner has invested a substantial amount of capital. With the implementation of this visa, Israeli investors now have the opportunity to invest in the U.S. economy and send qualified employees to the United States. Likewise, U.S. citizens will be eligible to apply for visas to invest in Israel.

To qualify for a Treaty Investor (E-2) visa:  

  • The investment must be substantial and sufficient to ensure the successful operation of the enterprise;
  • The business must be a real operating enterprise;
  • The investor must be traveling to the U.S. to develop and direct the enterprise;
  • If the applicant is not the investor, he or she must be employed in a supervisory, executive, or highly specialized skill capacity.

Once the Consular Section receives a complete E-2 visa application and reviews the applicant’s documentary evidence, applicants will be invited to schedule a visa interview in Tel Aviv.

During the interview applicants should be prepared to discuss details of the business and investment, the business plan and history, and the investor’s professional experience.

Interested parties should contact our office to schedule a consultation to determine eligibility.

For more information about the E-2 visa click here.

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The San Diego Immigration Law Offices of Jacob J. Sapochnick welcomes you. Our immigration practice is committed exclusively to the areas of immigration and citizenship law. We have big firm expertise in these specialties, but strive to deliver personalized client services at an economical cost.

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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 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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