Why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card (Part 4)
Reasons why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card, See our previous articles for Part 1, 2, & 3.
8. Potential Tax Advantages
Depending on the duration of stay in the US, the treaty investor applicant may potentially be classified as a non-resident and therefore not be liable for tax on worldwide income. Consultation and tax planning is highly recommended especially for high net worth individuals who choose to apply for the E-2 visa.
9. Relatively Low Legal Cost
The legal and filing fees to obtain an E-2 visa are significantly less than legal and filing fees for other visa categories like the EB-5 visa or the Immigrant Investor Program. Our firm offers a fixed fee so the applicant has the assurance that he or she will not pay exorbitant legal fees.
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- Published in Employment-Based Visa, Immigration
Why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card (Part 3)
Reasons why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card, See our previous articles for Part 1 & 2.
6. Dependents are entitled to E-2 derivative visas
The spouse and dependent children of the treaty investor applicant qualify for E-2 derivative visas should the application be approved. With the derivative visa, the spouse may apply for Employment Authorization Document and work for any employer in the US while the children are permitted to study in American public schools.
7. Flexibility with Travel
Since the E-2 visa is a non-immigrant visa, there is no requirement to establish residence or domicile in the US. The applicant is free to travel for as long as the E-2 visa is valid. This is an important advantage especially for individuals who have businesses in various parts of the world.
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- Published in Employment-Based Visa, Immigration
Why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card (Part 2)
Reasons why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card, See our previous article for Part 1.
3. Funds to be Invested may come from various sources
The funds to be invested should be the personal funds of the applicant. The funds may come from employment or business income or from the sale of property. The funds may also be from a loan provided it is not secured by the E-2 enterprise or its assets.
Interestingly, the funds may also be gifted to the applicant. If the applicant, does not have enough personal funds, relatives and even friends may gift additional funds to the applicant.
4. Control of Investment Funds and the Treaty Enterprise
The treaty investor applicant will come to the US to develop and direct the enterprise. Essentially, the applicant has discretion as to how he wants to spend start-up funds or working capital for the success of the enterprise. The applicant is responsible for making all business decisions to ensure that the enterprise will be a success.
5. You may opt for a franchise
It can be challenging to make start-up company a success. With the franchise option, the applicant has all kinds of support from the franchisor to make sure that the E-2 enterprise will meet its targets and generate revenues and employment. There are numerous franchise opportunities in the US that are suitable for the E-2 visa that do not cost a fortune.
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- Published in Employment-Based Visa, Immigration
Why the E-2 Treaty Investor Visa is the Next Best Thing to a Green Card (Part 1)
The E-2 nonimmigrant classification permits a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.
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
- 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.
Below are the specific reasons why the E-2 Treaty Investor Visa may be the next best thing to a green card:
1. Quick Processing Times
If one already in the U.S. on another lawful non-immigrant status, there is an option to apply to change status to E-2. The Treaty Investor applicant may choose premium processing by paying an additional fee of $1,410. With premium processing, USCIS will adjudicate the application within 15 days.
On the other hand, if one is outside the U.S., consular processing is the way to go. Processing time varies with every Embassy or Consulate. It usually takes the E-2 Consular Section around two weeks to a little over a month to review the E-2 visa application before they schedule the appointment for interview.
2. Relatively Less Capital Investment Needed
There is no minimum capital investment required but the investment amount must be logical and reasonable in relation to the nature of the business. In general, we recommend an investment of at least $100,000. The investment amount varies depending on the nature of the business. A service-oriented business like a consulting company will require less capitalization as compared to a full-service real estate company which will require more than $100,000.
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- Published in Employment-Based Visa, Immigration
5 Non-Immigrant Visas for Entry Into the United States of America
There are many different type of non-immigrant visas for people wishing to work, study or do business in the USA. If you select the wrong visa, you may be denied entry at the United States border, or in the worst case, you might face a ban on entering the country. It is important to be aware of the different types of visa,
1. Business Visa: The B1 visa is a non-immigrant visa for the USA for people wishing to visit America to conduct business. It is for people who want to attend a conference or a business meeting in the United States. Importantly, this American business visa does not allow a person to set up a new business in the US. You must apply at least 60 days before the date you want to travel. Avoid buying air tickets in advance if you have not yet received your visa.
2. Work Visa: There are various categories for this type of visas like H, L, O, P and Q. Which one you need depends on the type of your work for which you are going the USA. These types of visas are also temporary and holders of these visas cannot stay in the USA for a lifetime. Once your visa expires you will have to return to your country of origin. You can not get the visa until USCIS approves your petition.
3. Student Visa: People who want to study in any school or college in the USA have to apply for student visa. You may be asked to pass a certain language test for eligibility. By this test, they see how efficiently you can read, write, listen and speak that particular language. Most of them ask for an English language test. When you are on a student visa you can not take a break for more than 5 months or you may lose your visa.
4. Artists and Athletes Visa: Professional artists like actors, singers and stage performers can apply for this visa type. It includes actors shooting a movie, stage performance and attending an awards show. Athletes can also apply for the visa if there is a tournament or match to attend.
5. Media and Journalist Visa: Journalists can apply for an I visa which allows them to travel to the United States so that they can cover American news for their domestic audiences.
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- Published in Employment-Based Visa, Immigration
What is a K-1 Visa? (Part 3)
How do I Apply for a K-1 Fiance Visa?
The K-1 application procedure is essentially a two-step process:
- FIRST: The U.S. citizen sponsor, must file a Petition for Alien Fiancé(e), with the USCIS office that serves the area where you live. Note: Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad; and
- SECOND: Once your case is approved by USCIS, your case will be sent to the U.S. consulate in your fiancée’s native country. Your fiance(e) will then be asked to fill out paperwork, produce police clearance from everywhere they have lived, take a medical exam and to got for an interview in the U.S. consulate.
- NOTE: obtaining police clearance from different places your fiance(e) has lived may take some time, so starting this process in a timely fashion is important.
How Long Will it Take?
Unfortunately there are no rules for fiancee visas or marriage visas. The processing speed depends on the case load both at USCIS and at your local embassy. As a general guide, you should anticipate between 4 and 10 months, barring any requests for additional information.
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- Published in Fiance Visa, Holidays, Immigration
What is a K-1 Visa? (Part 2)
Did you Know?
- You must get married within 90 days of entering theUnited States on a K-1 fiance visa.– Absent real hardship, you must have met with your fiancee in the past two years.
- You should consider applying for work authorization.
- You must meet minimum financial requirements.– You need to allow time for a police check in each jurisdiction you have ever lived.
- There are issues of foreign law that may impact your ability to apply for a K-1 fiance visa.
- Once married you have to apply for a conditional “green card”.
Common Mistake
The most common mistake with a K-1 visa is failing to properly evidence the validity of your relationship. An experienced immigration lawyer will be able to give you some guidance in this area.
Requirements for a K-1 Visa:
There are a number of requirements in order to apply for a K1 visa for your fiancé(e):
- You must be a U.S. citizen;
- You must have met your fiancée within the past 2 years;
- You and your fiancée must be legally free to marry (i.e. single or divorced);
- You and your fiancée must have a serious intention to marry within 90 days of your fiancée’s arrival in the U.S.; and
- You must meet minimum financial requirements.
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- Published in Family, Family-Based Petition, ICE, Immigration
What is a K-1 Visa? (Part 1)
The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to migrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.
Is a K-1 Visa Right for Me?
There are several options for obtaining a visa for a fiancé(e) or a spouse. Which option is right for you depends upon your circumstances and how quickly you want to obtain admission to the US and work authorization. A K-1 Visa is not always the right options.
We have worked on marriage and fiancé(e) cases for fifteen years. While past performance does not necessarily denote future success we have yet to have any marriage or fiancé(e) visa we have submitted denied. Key to this success has been advising clients as to which of several options are right for them. These options include:
- Entering the US on a different visa type, marrying and obtaining adjustment of status
- Marrying abroad and applying directly for permanent residency
- Marrying abroad and obtaining a K-3, marriage, visa
- Obtaining a K-1 visa, marrying in the US and filing for permanent residency
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- Published in Family, Family-Based Petition, Fiance Visa, Immigration
Hot Cars and Children in Georgia
Pediatric vehicular heatstroke (PVH) kills dozens of children every year in the United States. These tragic deaths are all preventable. Regardless of how quick you think the errand will be, do not leave your children alone in the car. A child should not die because someone misjudged how long the line would be in a store.
Ways to prevent a child from getting heatstroke in your car:
- Never leave your child alone in the car.
- Do not leave your car unlocked. Some children have died from PVH because they were playing and sneaked into an unlocked vehicle.
- Call 911 every time you see a child alone in a car.
- If your child goes to daycare, set an audible alarm on your cell phone to double-check that you did not leave the child in the car. Also, set up a protocol that the daycare center will call you if they do not receive your child on time.
- Place an item that you must have for work in the back seat of the car, next to your child. Your phone, wallet, purse, briefcase, or one of your shoes are objects that you are unlikely to forget to grab before getting out of the car.
- Use high-tech devices like rear seat reminders and car seat “smart” chips to alert you if there is a child in the rear seat or that you should check the back seat of your car.
Safe Drivers
One of the best ways to protect your child in a car or truck is to make sure she only rides with safe drivers. Make and always follow family rules so that your child does not ride with a driver who is:
- Impaired by alcohol, prescriptions medication, or other drugs
- Drowsy
- In the habit of texting, speeding, engaging in road rage, or any other type of unsafe, distracted driving.
- Young and inexperienced.
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- Published in Criminal, Criminal Defense, Family
Navigating Georgia Child Restraint Laws
Under Georgia law, your child must wear a seat belt at all times when traveling in a motor vehicle, if he is between the ages of 8 and 18 years and is 4 feet 9 inches tall or more. A child younger than 8 or under 4 feet 9 inches tall must ride in the child car seat or booster seat that is appropriate for her size and age.
Your child should follow the Georgia seat belt laws and always wear the correct child safety restraint device (seat belt, car set, or booster seat) at all times whenever riding:
- With any member of your household;
- With anyone who is not a member of your household; and
- In a school bus or on public transportation.
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- Published in Criminal, Criminal Defense, Family, Personal Injury