Articles Posted in Technology

In this video attorney Jacob Sapochnick discusses how entrepreneurs come to America.

What are the available visa options for an entrepreneur to launch a startup company?

The O-1A:

One of the most common ways to launch a company in the United States is through the O-1A visa. This is a great option for entrepreneurs who have already established their reputation in their home country, have run a successful business abroad, and who wish to bring their unique talents and skills to the United States.

To qualify for an O-1A visa, the entrepreneur must demonstrate that they are exceptionally distinguished in their field or industry. This can be demonstrated by way of sustained recognition in the industry on a national or international level, or awards, titles, honorary distinctions, etc. The entrepreneur must also demonstrate that they have achieved a high level of expertise in their industry

The O-1A visa enables the entrepreneur to come to the United States to work for their own company, or for another company.

The L-1A:

Another great option is the L-1A visa. If you are a startup founder and you already have a company in your home country, and you want to launch in the United States, you can set up a subsidiary or an affiliate of your startup in your home country and come to the United States as an executive such as a CEO.

The E-2:

Alternatively, you may wish to apply for the E-2 visa as an investor of the startup company that you wish to launch in the United States. To qualify for this visa type, you must be a national of a foreign country that has a qualifying treaty of friendship, commerce, navigation, or similar agreement with the United States.

In addition, the investment must be made in a real, operating commercial enterprise or active entrepreneurial undertaking productive of some service or commodity. Paper organizations, speculative, or idle investments do not qualify as real operating enterprises or active entrepreneurial undertakings.

The TN: 

If you are a citizen of Mexico or Canada, you can apply for a TN visa and be part of the company that you launch in the United States as an advisor or a higher-level position. The position that the entrepreneur will engage in must be a profession that is approved by NAFTA, and the entrepreneur must meet the qualifications for that position.

The E-1:

The E-1 Treaty Trader visa is a good option for entrepreneurs who wish to work in the technology sector. If you have a patent in your home country or have an idea to invest in the technology sector, and you are starting a company in your home county, you can set up a company in the United States as a founder without investing anything, because of the exchange of trade and technology.

National Interest Waiver

Company founders can apply for a green card by applying for a national interest waiver if you are a highly successful entrepreneur, and you can show the government that your level of innovation is at a high level.

Please visit our website for more information about these different options.

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In this video attorney Jacob Sapochnick talks visa options for entrepreneurs.

Overview:

In this video we cover four visa options that allow foreign entrepreneurs to live and work in the United States. These visa options also allow the foreign entrepreneur to bring his or her dependents to live with them in the United States.

Option #1 L-1 Visa for Executives, Managers, and Essential Employees:

There are two types of visas available under the L-1 category: 1) L-1A Intracompany Transferee Executive or Manager and 2) L-1B Intracompany Transferee Specialized Knowledge.

The L-1A category is a non-immigrant visa classification for aliens seeking to work in the United States in an executive or managerial capacity on an assignment of a temporary nature for a U.S. subsidiary or parent company of their foreign employer.
The L-1A visa classification allows a foreign company to transfer an executive or manager to the U.S. subsidiary or parent company. If an affiliated U.S. subsidiary or parent company does not yet exist, the L-1A classification allows the foreign company to send the executive or manager to the United States for the purpose of establishing the affiliated subsidiary or parent company.
L-1B: If the alien is not employed in an executive or managerial capacity, the L-1B visa classification comes into play. To be eligible for the L-1B visa, the petitioner must demonstrate that although the alien is not employed in an executive or managerial capacity with the company, the alien possesses specialized knowledge and can represent the organization’s interests in the United States.

Both the L-1A and L-1B require the beneficiary to have worked abroad for the foreign employer for at least one year within the proceeding three years.

Pro: the L-1 visa leads to a green card

Option #2 E-2 Investor 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. Investment activities include the creation of a new business in the United States or investment in an existing enterprise. 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.

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In this live stream, attorneys Jacob Sapochnick and Marie Puertollano discuss recent topics in immigration including the new USCIS policy giving immigration officers ample discretion to deny an application or petition filed with USCIS without first issuing a RFE or NOID, suspension of premium processing, fraudulent H-1B schemes, and more.

Overview:

RFE/NOID Policy

Beginning September 11, if you do not provide sufficient evidence to establish that you are eligible for the immigration benefit you are requesting, USCIS may exercise their discretion and deny your petition without first issuing a request for evidence or RFE. This new policy applies to all applications and petitions filed after September 11th, with the exception of DACA renewal applications.  The decision to deny your application or petition without issuing a RFE or NOID will ultimately be up to the discretion of the officer reviewing your petition. An officer may in his discretion continue to issue a RFE or NOID according to his best judgement.

If you are filing for a change of status or extension of your status, we recommend that you file early, so that you are not out of status in the case that USCIS denies your request for an immigration benefit. This will give you the opportunity to either re-file or to consider changing your status to another visa type. In addition, if you have the ability to apply for premium processing service, you should take advantage of that service.

Suspension of Premium Processing

At the moment premium processing services have been temporary suspended for cap-subject petitions until February 19, 2019, with the exception of cap-exempt petitions filed exclusively at the California Service Center, because the employer is cap-exempt or because the beneficiary will be employed at a qualifying cap exempt institution.

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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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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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From time to time we accepts guest articles for our popular Blog, this time Lior Levin from City-Immigration in New York provides great Tips on the usage of MacBooks in the Immigration practice for lawyers.

Lawyers using Macbooks in their practices can benefit in many ways from the release of several useful software programs. The majority are specifically designed to increase productivity and make life a little easier for the busy attorney.

Here is an overview of some of the best attorney-specific software programs available for Mac users. We specifically tried them all at City-Immigration :

Law Stream

Law Stream is an excellent law office management software package. It’s specifically designed to assist attorneys who need a little help managing contacts, schedules, to-do lists, meetings and deadlines. The program also allows lawyers to simplify and streamline finances with features that include tracking money coming into and going out of the practice, as well as accurately recording time spend with various clients.

However, it’s the ease of being able to quickly manage contacts that makes this software so good. It allows attorneys to record information regarding that client, such as phone numbers, email addresses and other contact information, plus it records any work completed on any projects for that particular client. The software also has the ability to run reports on which clients are producing the most work and most revenue for the practice.

TrialSmart

TrialSmart is a legal application that facilitates trial presentations. This software is ideal for lawyers wanting to analyze, review, edit and present legal transcripts. Lawyers are also able to add documents, video footage and exhibits to the transcripts for later presentation. It’s possible to import other transcripts into the software to be annotated. This allows for fast generation of reports.

TrialSmart is ideal for running reports that can be exported and saved to various other program formats, such as Microsoft Word, Adobe PDF, or Microsoft Excel. Other features include a PDF text search function, group reports and saved layering. Any attorney wanting to build a case quickly and effectively can benefit from this software.

MacSpeech Dictate Legal

Speech recognition software like MacSpeech Dictate legal is ideal for dictating notes into your computer that is automatically converted into text format. This particular software was specifically designed for the legal field, which means it can easily recognize more than 30,000 legal terms, phrases and words without misinterpreting the words you’ve spoken. Add to this the ability of the software to ‘learn’ new words that it doesn’t recognize and you have a powerful piece of software. Simply train new words into the Vocabulary Editor and it will remember them for future use the next time you dictate something into the software.

The software boasts a 99% accuracy rate, so you know your text will end up error free and without spelling mistakes. MacSpeech Dictate Legal alleviates laborious typing time and makes it much easier to dictate items of importance easily and quickly.

3D Timeline

The 3D Timeline software is the ideal tool for any lawyer who wants to ensure that all details of a case are presented clearly and in context by using interactive timelines. The software generates a 3D perspective of the given chain of events that includes the addition of photos, notes, files or even web pages. This gives an attorney a unique opportunity to build a case story that highlights all details and aspects of that case to highlight the truth without being misunderstood or misinterpreted.