In this video Attorney Jacob J Sapochnick Esq., explains one of our most frequently asked questions: Can I get a Green Card from an E2 Visa?
While there is no direct way to convert an E2 Visa to a Green Card, there are ways to get a Green Card from an E2. Normally E2 Visas are non immigrant visas, so the intention is to return to the home country one way.
You are eligible to apply for a Green Card while under E-2 status as long as you meet the guidelines through one of the following methods:
EB-1 Green Card: You can obtain a green card while under E-2 status if you are an “Alien of Extraordinary ability” or a “Multinational Manager or Executive.” If you find yourself in one of these categories, you can file an immigration petition under one of these categories
Family Based Immigration Green Card: You may obtain a green card if you have close relatives in the United States. Your relatives may file a petition in this case.
National Interest Waiver: If you are an “alien of exceptional ability,” have an advanced degree or an equivalent level of experience, and can show that your services will greatly benefit the United States, then you may file a National Interest Waiver (NIW).
Employment Based Immigration: If you can find an employer who is willing to file a Labor Certification form with the Department of Labor, then you may qualify for a green card through the employment based immigration process. Or Self Petition EB2 based on a self petitioned H1B.
EB5 Visa – Green Card based on investment of 500K or Million depending on the location in the US.
For more information on this subject contact our office and please remember to follow us on Facebook, Youtube, Twitter, and Instagram
The Department of Justice recently reported that approximately 33% of immigrants who are released by U.S. Customs and Border Enforcement skip their immigration hearings and are then subject to removal from the United States. The problem is especially apparent among juveniles held by immigration officials. Attorney Jacob J Sapochnick Esq., commented on this fact in a recent interview with NBC 7 San Diego.
CBS8 News recently interviewed Attorney Jacob J Sapochnick, who commented on the surge of immigrant children coming from Mexico and Central America, and the legal repercussions that have arisen. To read the complete article please click here.
To petition for your parents (mother or father) to live in the United States as green card holders, you must be a U.S. citizen and at least 21 years old. Green card holders (permanent residents) may not petition to bring parents to live permanently in the United States. In order to obtain a green card for parents of US citizens when the parent is located in the United States, the US citizen and foreign national parent will apply for the green card using the adjustment of status process. Because the foreign national parent is considered to be the immediate relative of the US citizen child, many issues that would make adjustment of status impossible for another type immigrant will be waived for the parent. For instance, some parents who are presently in the United States unlawfully can take advantage of the adjustment of status process and stay in the US for the duration of processing, while other types of green card applicants would need to return to the home country and apply there. However, parents who entered the United States without inspection (EWI) will not, necessarily, be permitted to stay and adjust status. If your parent entered without inspection (EWI), contact an immigration lawyer to to discuss your situation prior to filing any paperwork with USCIS.
For more information on this topic please contact our office to schedule a consultation.
Check out Attorney Jacob J. Sapochnick, Esq.’s interview on international news site i24live.tv regarding E2 investor visas for Israeli nationals and legal changes.
In this post, Attorney Jacob Sapochnick Esq, will explain the process of obtaining a green card based adjustment of status utilizing ShowMe drawing technology.
An immigrant who is married to a U.S. citizen becomes what is called an “immediate relative” in USCIS terminology. There are no limits on the number of immediate relatives who are allowed to apply for permanent residence (a green card) each year. The only waiting period is the time it takes for the paperwork to be processed by the U.S. government. But this is where things can get complicated.
Even if the immigrant is currently in the United States, he or she cannot count on being able to apply from within the U.S., through the process known as “adjustment of status.” Instead, the immigrant may have to leave the U.S. and apply for the green card overseas, through what’s called “consular processing.”
There are many benefits to staying in the U.S. during the entire green card application process. With adjustment of status, the couple won’t be separated, and the immigrant will receive a work permit once the application is pending at USCIS. The U.S. spouse, who must attend the interview, can provide moral support, and be on hand to answer any questions about his or her capacity as a financial sponsor. And, the couple can bring an attorney along; especially useful if there are any complications in the case, such as a criminal conviction.
The key to whether someone can adjust status is, in most cases, whether he or she entered the United States legally or illegally.
In this installment our Senior Case Manager, Inese Grate Esq., explains the E-2 Visa Process and Requirements.
Below are some key requirements you must keep in mind when considering applying for an E-2 Visa:
Requirement 1
As a treaty investor, you must be coming to the United States to invest in a new or existing enterprise.
USCIS defines an E-2 investment as the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit. Your investment may be for the purpose of establishing a new business venture, or purchasing a pre-existing business. In either scenario, you must demonstrate that the capital you are investing is substantial.
Requirement 2
Your investment must be in a bona fide enterprise and may not be marginal.
A bona fide enterprise is one that is a real, active commercial or entrepreneurial undertaking which produces services or goods for profit. The enterprise cannot be an idle investment held for potential appreciation in value, such as undeveloped land or stocks held by an investor who has no intent to direct the enterprise.
A marginal enterprise is one that will not generate more than enough income to provide a minimal living for you and your family or to make a significant economic contribution.
Requirement 3
You must be in possession of the funds you will invest and the funds must be committed to your business.
You must demonstrate that the capital you invest is irrevocably committed to the enterprise and subject to partial or total loss in the event that the entity fails. The funds you invest must also be your own. Additionally, the invested funds must be substantial in relationship to the total cost of either purchasing an established enterprise or creating the type of enterprise you are considering.
Requirement 4
You must be able to provide the source of your funding.
You must show a clear and legitimate path regarding the source of the capital you will be investing. You must also demonstrate that the funds you are investing have not been obtained through criminal means.
Requirement 5
You must be coming to the United States to develop and direct the enterprise.
You must show that you will develop and direct the investment enterprise by demonstrating ownership of at least 50 percent of the enterprise, or by possessing operational control through a managerial position or other corporate devices.
Once you have determined that the E-2 visa classification is the best pathway for you and you are ready to apply, feel free to contact our office. For more on E-2 Visas follow our blog posts on Visalawyerblog.comhere and here.
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Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Myth: H-1B process is so complex and lengthy that it is not even worth trying
Reality: Despite certain complexities of the process, an immigration lawyer will take the employers through each step of the application making it as easy and painless as possible. The immigration lawyer will also be able to advise the employers on the proper H-1B recordkeeping and compliance procedures to protect the employers’ interests.
Even though adjudication of H-1B visa may take some time, the employers are always given an option to apply for Premium Service with USCIS, which guarantees 15-day processing of H-1B visa petition. Of course, even though the petition is approved, the H-1B worker cannot use it until October 1, but there are exceptions for OPT holders, which will be described below.
Follow us on Facebook: http://www.facebook.com/myimmigrationlawyer
Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Call us with any questions: 619-819-9204 or visit https://www.h1b.biz
As April 2014 is approaching, we would like to remind our readers to start preparing for H-1B filing. As you may already know, there is a numerical limit on the H-1B visas allotted for each fiscal year. There are 65,000 H-1B visas available with additional 20,000 visas for those with U.S. Master’s degrees. What is important is that visas are not recaptured if H-1B is not approved, thus only 65,000 first filed H-1B petitions will be considered.
April 1 is the first day when you can file a cap-subject H-1B petition. If you do not file on April 1, you risk not getting into the cap. Even though the application is in April, the H-1B employee will not be available to start working for the employer until the beginning of the fiscal year, which is October 1, with the limited exceptions described below.
Things to do before the application period begins:
1. Interview and find an employer who is willing to sponsor H-1B visa
This can be a daunting task for foreign nationals but is doable especially if the employer knows what H-1B visa is and what is required from them. A lot of employers are hesitant to hire foreign labor because of a few misconceptions about the process. The most common misconceptions are described below.
Myth: H-1B process is so complex and lengthy that it is not even worth trying
Reality: Despite certain complexities of the process, an immigration lawyer will take the employers through each step of the application making it as easy and painless as possible. The immigration lawyer will also be able to advise the employers on the proper H-1B recordkeeping and compliance procedures to protect the employers’ interests.
Even though adjudication of H-1B visa may take some time, the employers are always given an option to apply for Premium Service with USCIS, which guarantees 15-day processing of H-1B visa petition. Of course, even though the petition is approved, the H-1B worker cannot use it until October 1, but there are exceptions for OPT holders, which will be described below.
