Work Visa Classifications

Work Visa Classifications

B-1 Visa
Individuals conducting general short-term business activities.

E-1 Visa
The E-1 visa is designed for the use of business owners, managers, and employees in order to allow them to oversee a business or trade that will take place in the U.S.

E-2 Visa
The E-2 visa is granted to applicants who want to enter the Untied States solely to develop and direct the operation of an enterprise in which they have invested a substantial amount of capital. The E-2 visa also benefits their employees and members of employer’s immediate family.

E-3 Visa
E-3 visas are available to Australian nationals who are entering the United States temporarily to work in a specialty occupation. The term "specialty occupation" is defined in the terms of the H-1B program. The spouses of the Australian nationals entering the US are also eligible for work authorization.

H-1B
The H-1B Non-Immigrant Visa is designed for professional people who are coming to the United States to work for an employer in "Specialty Occupations". A maximum of 65,000 H-1B visas are issued every year. An additional 20,000 H-1B visas are available to foreign nationals with a minimum of a Masters level degree from a US academic institution. Employees of institutions of higher education, related or affiliated nonprofit entities, or nonprofit or government research organizations are not subject to the numerical limit and may file at any time. Visas are issued for three years and may be extended for an additional three years.

H-2B Visa
An H-2B visa is issued to individuals coming to the U.S. to engage in non-agricultural employment which is seasonal, intermittent, to meet a peek load need, or for a one-time occurrence where U.S. workers are unavailable.

H-3 Visa
The H-3 visa is for workers coming to the U.S. to receive training that is not available in the applicant’s country. The H-3 visa will not involve productive employment unless it is incidental and or necessary to the training and will benefit the applicant in pursuing a career outside the U.S.

H-4 Visa
The H1-B, H-2B or H-3 employee's spouse and children under 21 years old who are not married may be granted an H-4 visa. An H-4 visa holder is not permitted to work in the United States, they may, however, attend school.

J-1 Visa
A J-1 visa is meant for individuals who have been accepted to participate in exchange visitor programs, designated by the United States Information Agency (USIA). The list may include: students, scholars, trainees, teachers, professors, specialists, foreign medical graduates, international visitors, government visitors, camp counselors, au pairs, and participants in summer travel/work programs.

J-2 Visa
A J-2 visa is meant for spouses and minor children of a J-1 visa holder.

L-1 Visa
The L-1 nonimmigrant visa category is set for international companies with an existing branch, subsidiary or affiliate office located within the United States. The L-1 visa is for companies wanting to transfer foreign employees to their operations in the United States. Companies may also open a new branch, subsidiary or affiliate office and still qualify, with certain additional requirements. The foreign employees to be transferred to work in the United States office must qualify as executives (or senior manager), or specialized knowledge personnel.

L-2 Visa
The L-2 visa is for spouses and minor children of L-1 visa holders may accompany the L-1 holder to the US and are eligible for the L-2 visa.

O-1 Visa
The O-1 visa is for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, or with a record of extraordinary achievement in television or motion pictures. This visa classification is unbelievably limited to other individuals who can clearly demonstrate that they are at the very top of their profession or field.

O-2 Visa
The O-2 visa is for people that accompany and assist an O-1 visa holder in a specific athletic or artistic event or in the motion picture or television industry. O-2 visas are not given to those who accompany or assist O-1 visa holders in education, science, or business matters.

O-3 Visa
An O-3 visa is for the spouse and children of an O-1 or O-2 visa holder. No Q-1The Q-1 visa is for participants in international cultural exchange program(s) in the U.S. The cultural exchange program can provide practical training, employment, and the sharing of the culture of the Q-1 visa applicant’s country of nationality.

R-1 Visa
The R-1 visa is available for religious workers coming to the United States on a temporary basis.

R-2 Visa
The R-2 visa is for dependents of R-1 religious workers coming to the United States on a temporary basis.

TD Visa
The TD visa is meant for spouses and unmarried minor children of TN visa holders.

TN-1 and TN-2
The TN visa is for Canadian citizens (TN-1) to work the United States in very specific occupations. For each of these occupations there are certain educational requirements. Mexican Nationals are also eligible for TN-2 visas. The requirements for Mexican citizens are similar to the requirements for H-1B visas. Applicants for the TN-2 (Mexican citizens) should see the H-1B visa full description.

This blog and its contents has been prepared for informational purposes only. Nothing herein is intended as legal advice nor should you rely upon any information in this web site as a source of legal advice. Receipt of any such information by you does not create an attorney-client relationship between you and Panitz & Associates.

For questions and more information, please contact:

Daniel A. Panitz, Esq.
Managing Partner
Panitz & Associates
dan@lawgroup1.com
www.lawgroup1.com
40 Wall Street, 28th Floor
New York, NY 10005
212.400.7234 - Telephone
212.400.7235 - Facsimile

EMPLOYMENT BASED PERMANENT RESIDENCE

EMPLOYMENT BASED PERMANENT RESIDENCE

OVERVIEW

The process for obtaining permanent residence based on employment is composed of three stages: (1) the labor certification; (2) the visa petition; and (3) the application for permanent residence.

LABOR CERTIFICATION APPLICATION

A "labor certification" is a certification by the U.S. Department of Labor that a shortage of qualified U.S. workers exists to fill your job and that you will be paid the "prevailing wage." One of the most important factors in the ultimate success of a labor certification is a correct determination of the minimum requirements needed to perform the job. Because this factor is so critical, we spend a significant amount of time obtaining and digesting information and then drafting the appropriate paperwork.

It is extremely important that we correctly describe the minimum requirements for the job as well as explain the reasons why these requirements are necessary. The necessary papers will be drafted by our office based on information we obtain from your employer regarding title, salary, job description, and minimum job requirements.

In 2005, the Department of Labor drastically changed the way it processes labor certification cases. The primary difference between the new process (referred to as "PERM") and the old process is how recruitment-related documentation is handled. Previously, supporting documentation such as newspaper ads and other recruitment efforts, justification of the job requirements, prevailing wage determinations, etc., were submitted when the labor certification application was filed.

Under PERM, while the same documentation must be prepared or assembled, it is kept by the employer and only submitted if and when requested by the Department of Labor. The employer is required to retain this documentation for a period of five years.
Under the previous regulations, there were two types of labor certifications: Reduction in Recruitment (RIR) (also known as "fast-track," since these types of cases were given priority handling), and traditional or non-Reduction in Recruitment (non-RIR) cases.

These two classifications have been done away with. However, occupations are now classified as "professional" or "nonprofessional" and each classification has different recruitment requirements. Both classifications require two Sunday newspaper ads and a 30-day job posting with the State Workforce Agency (SWA).

For professional positions, the employer must comply with at least three out of 10 listed steps: (1) Job fairs; (2) Employer's website; (3) Job search website other than the employer's; (4) On-campus recruiting; (5) Trade or professional organizations; (6) Private employment firms; (7) Employee referral program with incentives; (8) Campus placement offices; (9) Local and ethnic newspapers; and (10) Radio or television advertisements. If the occupation is classified as "professional" as a "profession" and the employer fails to do these additional steps, the labor certification application will be denied.

Because the labor certification is really an application by the employer, our office will need your employer's permission to act as attorney of record on its behalf before the Department of Labor. However, we will not make any representation on behalf of the company without first clearing it with them.

Second, applying for a labor certification does not bind the employer legally. The employer remains free to dismiss you or take other personnel action with regard to you, as it would with regard to any other employee. Finally, the labor certification application may be withdrawn by the employer at any time.

Conversely, the application does not bind you to the employer either. However, it is important, before expending great amounts of time and effort that you are sure there is relative job stability and that you will be employed by the employer upon completion of "green card" processing.

THE VISA PETITION

Upon receiving an approved labor certification, our office prepares a visa petition that is submitted to U.S. Citizenship and Immigration Services (USCIS). The purpose of the visa petition is to prove to the Immigration Service that: (1) your job has been certified by the Department of Labor; (2) you meet all of the requirements listed on the labor certification; and (3) your employer has sufficient resources to pay your salary. This step will also establish the immigrant preference classification.

The most common are "second preference" (normally a person with at least a master's level education) or "third preference" (a person with less than a master's level education) immigrant. In some cases, the preference for which you qualify may determine how long it will take to obtain legal permanent residence status. At times, it takes a person with a third preference approval longer to immigrate than a person with a second preference approval.

During the visa petition phase, it will be necessary to submit documentation from the employer demonstrating its ability to pay your salary. This will usually be a federal tax return, or for larger companies, a letter or annual report.

In addition, it is at this step that we will be submitting documentation regarding proof of your education and experience. Therefore, at that time, we will need diplomas, transcripts, and letters from previous employers, as necessary. Normally, we request those items early in the labor certification process. Any letters that you will need for obtaining information from previous employers will be drafted by our office and forwarded to you for you to send for the necessary signatures.

This step is normally much easier than the labor certification. Assuming that the labor certification has been approved and that we have the necessary documentation, there should be no problems at this stage. On occasion, we may disagree with the Immigration Service as to whether a person should be classified as second preference or third preference. However, if that issue arises, we will give you a complete briefing of any possible ramifications.

By the time we file the visa petition, we must decide whether you will apply for permanent residence here in the United States or at an American consulate abroad. Normally, the application for permanent residence will be processed here in the United States. There are, however, reasons that may dictate processing through an American consulate in your home country such as the need for frequent travel abroad, local USCIS time delays, ineligibility for processing in the United States.

APPLICATION FOR PERMANENT RESIDENCE

The last phase in the process is applying for permanent residence. Again, we will assist in preparing all the forms and ensuring that the supporting documentation is complete. If permanent residence is applied for in the United States, it is called "adjustment of status" processing. If applied for outside the United States, it is called applying for an immigrant visa." The result is the same: permanent residence.

Whether you apply for permanent residence at home or abroad, you will want to begin obtaining the following documents, if you do not already have them in your possession:

1. Birth certificate for you and your family members;
2. A marriage certificate, if you are married;
3. Divorce decrees or other proof of the termination of any prior marriages;
4. Current passport(s) valid for at least the next year or two;
5. A military certificate if you have served in your country's military (needed only if processing abroad).

If you do not know how to obtain any of these documents, please contact our office. While the labor certification is probably the hardest part of this whole procedure, the paperwork and documentation requirements for permanent residence are also rather involved. We will, of course, assist you in preparing the required material as well as gathering the necessary documentation for filing.

At the permanent residence application stage, the Immigration Service (or consular office) will ask whether you have: (1) been a member of the Communist Party, terrorist groups or similar organizations; (2) been arrested or convicted of any crimes; (3) ever received public assistance, or (4) lied to obtain a visa, worked in the United States without permission, or overstayed your legal status, etc. We will go into more detail about these factors later. (Certainly, if any of these apply, be sure to mention them to us as soon as possible.)

In general, employment-based adjustment of status cases are not subject to interviews with the local USCIS District Office. On the other hand, individuals who undergo consular processing of employment-based cases are always required to attend an interview.

This blog and its contents has been prepared for informational purposes only. Nothing herein is intended as legal advice nor should you rely upon any information in this web site as a source of legal advice. Receipt of any such information by you does not create an attorney-client relationship between you and Panitz & Associates.

For questions and more information, please contact:

Daniel A. Panitz, Esq.
Managing Partner
Panitz & Associates
dan@lawgroup1.com
www.lawgroup1.com
40 Wall Street, 28th Floor
New York, NY 10005
212.400.7234 - Telephone
212.400.7235 - Facsimile

FAMILY OR MARRIAGE BASED PERMANENT RESIDENCE

FAMILY OR MARRIAGE BASED PERMANENT RESIDENCE

OVERVIEW

Historically family reunification received favored status under U.S. immigration laws. The Immigration and Nationality Act, allows for close relatives of U.S. citizens and legal permanent residents to immigrate to the United States. The ease and speed in which this can be accomplished depends on the relationship of the family members, whether the sponsor is a U.S. citizen or an LPR, and, sometimes, the country where the family member is located.

Preliminarily, the Immigration and Nationality Act (INA) creates two groups for family members: immediate relatives and family-based preference categories.

IMMEDIATE RELATIVES

In the "immediate relative" category, the petitioner must be a U.S. citizen (not an LPR) and the eligible family members include the following:

Spouse of U.S. citizens;
Unmarried minor children of U.S. citizens;
Parents of U.S. citizens over age 21.

Procedurally, the immediate relative category has advantages over the preference categories. There are no caps or quotas on the number of visas available each year. Further, if they entered the United States legally, "immediate relatives" are exempt from certain "bars", such as unauthorized employment, overstaying their time of admission, or violating their specific nonimmigrant status.

On the other hand, spouses and children of immediate relative immigrants - unlike those of preference aliens - do not obtain "derivative" status. In other words, if a person immigrates as an immediate relative parent of a U.S. citizen, that person's spouse or minor children would not also automatically qualify for immigration visas, whereas a spouse or minor child of a preference alien would automatically qualify.

THE FAMILY BASED CATEGORIES

The family members who don't fall into the "immediate relative" classification will be subject to numerical limitations, which vary depending on which of the preference categories (described below) applies.

Note: "Sons and daughters" vs. "children" - Once a child is either married or over the age of 21, he or she is no longer a "child" for purposes of the INA. The statute instead refers to these offspring as "sons and daughters."

FIRST PREFERENCE - Unmarried sons and daughters of U.S. citizens. While children (i.e., unmarried, under 21) of U.S. citizens are "immediate relatives." Unmarried offspring who are 21 or older will fall into the Family One category. The waiting period in this category is currently over 10 years for Mexico, over 14 years for the Philippines, and approximately four years for most other countries.

SECOND PEREFERENCE - Spouses, children, and unmarried sons and daughters of lawful permanent residents (LPR). Spouses and unmarried minor children of LPRs ("Family 2A") are subject to delays of over four years (over seven for Mexicans). The wait for unmarried "sons and daughters" of LPRs ("Family 2B") is nearly 10 years (over 13 for Mexicans).

THIRD PREFERENCE - Married sons and daughters of U.S. citizens. For all countries except Mexico and the Philippines, the waiting period is over seven years. For Mexico and, especially, the Philippines, the time interval is substantially longer.
FOURTH PREFERENCE - Brothers and sisters of U.S. citizens. This category has tremendous delays - nearly 12 years - for all countries. The waiting period for the Philippines is over 20 years.

CONDITIONAL PERMANENT RESIDENCE FOR SPOUSES

Where a party obtains an immigrant visa or lawful permanent residence based on marriage as either an immediate relative or a Family 2A beneficiary, and where the marriage is less than two years old, that individual is granted conditional permanent resident status. This conditional status lasts for two years from the date that the person becomes a lawful resident, not two years from the original marriage date.

The person must petition to remove this status. If the parties are still married, they can jointly petition to remove this conditional status within the 90-day period before the two-year anniversary of the grant of conditional status. If a joint petition cannot be filed, the conditional resident can file for a waiver in certain circumstances, including an intervening divorce (assuming the marriage was entered into good faith).

Children who obtain status as either a "child" or "stepchild" based upon marriage of less than two years are also conditional residents and must file to have their conditional status removed. Where the parent is also a conditional resident, the parent can include the child in his or her application.

AFFIDAVIT OF SUPPORT

A legally enforceable Affidavit of Support (Form I-864) must be completed by U.S. citizen and LPRs who sponsor family members as immigrants. The law requires the sponsor to demonstrate an income level at or above 125 percent of the federally established poverty line.

If the sponsor's household income does not meet the income requirements, evidence of assets, such as cash in savings accounts, stocks, bonds, or property, may be considered in determining the sponsor's ability to support the immigrant. If the sponsor cannot meet the required income level based on income and assets, another person may serve as a joint sponsor.

This blog and its contents has been prepared for informational purposes only. Nothing herein is intended as legal advice nor should you rely upon any information in this web site as a source of legal advice. Receipt of any such information by you does not create an attorney-client relationship between you and Panitz & Associates.

For questions and more information, please contact:

Daniel A. Panitz, Esq.
Managing Partner
Panitz & Associates
dan@lawgroup1.com
www.lawgroup1.com
40 Wall Street, 28th Floor
New York, NY 10005
212.400.7234 - Telephone
212.400.7235 - Facsimile

IMMIGRATION THROUGH INVESTMENT

IMMIGRATION THROUGH INVESTMENT

I. EB-5 IMMIGRANT INVESTORS (Green-Card through investment.)

OVERVIEW

EB-5 allows foreign investors to obtain green-card and is available for immigrants seeking to enter to engage in a commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs. The basic amount required to invest is $1 million, although the amount may be $500,000 if the investment is made in a “targeted employment area”. Targeted area means specific area designated by the government and is described in details below.

REQUIREMENTS

To qualify under the EB-5 category:

1) The investor must invest at least $1 million ($500,000 if in a targeted area). This can be done through (a) creating a new business; (b) Buying an existing business; (c) expanding an existing business. If the investment is made in a “targeted employment area” then the required amount of investment is $500,000.

2) The investment must benefit the U.S. economy.

3) Create full-time employment for at least 10 U.S. workers. These 10 workers must be either U.S. citizens, green-card holders, or other immigrants authorized to work in the U.S. The investor, his/her spouse, or children do not count towards this requirement. One exception to this requirement is the investment in regional centers as described above – then the requirement is not to hire directly 10 U.S. workers, but at least to show that 10 or more jobs will be created indirectly due to the investment.

Note: There is a big incentive for investing in a “troubled business”. If you do invest in a troubled business, you do not need to create 10 full-time positions but rather only maintain those that exist currently. A troubled business is one that has been in existence for at least two years, has incurred a net loss for accounting purposes during the 12- or 24 month period before the petition was filed, and the loss for such period is at least equal to 20 percent of the business’s net worth before the loss. To establish an investment in a troubled business, we must show that the number of existing employees will be maintained for at least two years.

4) Play an active role in managing the enterprise. This means that simply buying shares of stock of a U.S. company is not enough. The investor must be involved in the management. The requirement is that the applicant enters the United States to engage in a new commercial enterprise. To qualify, an investor must maintain active role in the new enterprise

5) Finally, the petitioner must prove that the capital for investment is obtained through lawful means. The applicant must submit: business registration records, last five years of tax returns, and evidence of other sources of capital. The petitioner must show as much as possible to prove that the funds for the investment were lawfully obtained by demonstrating documentations as applicable.

THE PROCESS

Business Activities

Formation. The process will start with creation of a new commercial enterprise. You must establish a corporation in the state of the intended investment. The applicant will be a primary shareholder. This can be done any time even before the actual funds are invested, any contracts are signed, and any business activity is undertaken, as long as there is a U.S. resident who will be assigned as the manager of the corporation.

Market Research. After the enterprise is created, we must explore the investment options. As a first step in the process of investment, the investor will indicate the areas of interest (types of business) and we will prepare comprehensive market research, analysis, and business plan in those areas of interest. The analysis will specify all government imposed requirements, such as licensing, tax information, and anticipated expenses.

Business Transactions. Upon collaborative decision on the type of investment, our firm will provide legal services in dealing and negotiating commercial leases, business acquisitions, employee hiring, inventory transactions, or any other transactions that will be need to have the business up and running.

Legal Fees for Business Services: The applicant is always free to hire services of another lawyer or law firm for all these purposes. If the investor would prefer that my firm, in addition to immigration side of the case, provides legal services for all business matters as well, we will charge legal fees at our discounted rate.

Immigrant Visa Application

Application Process: After the business is substantially created, and a specific business strategy is designed, we can start the immigration process. We will do research, collect all necessary documentation about the investment, collect information about the intended immigrant, complete forms, and submit everything to the United States Citizenship and Immigration Services (USCIS). The processing of applications for EB-5 visa now takes approximately 6-7 months.

Upon approval of the petition, the applicant will receive a two-year conditional permanent residency (green-card). If the applicant is in the U.S. under some other status when the application is approved her status can be changed to that of a permanent resident while in the U.S. If the applicant is outside the United States, then the green-card will be obtained through a U.S. Consulate post.

After the two years of entry into the United States, the applicant must apply to remove the conditions. The application to remove the conditions must be accompanied by evidence that the individual invested or was in the process of investing the required capital, and that the investment created or will create 10 full-time jobs. The applicant will satisfy this condition if during the first two years the investor maintained her investment activities and has already invested substantial portion of the required amount. After the conditions are removed, the applicant and her immediate family members become permanent U.S. residents with no conditions attached. Accordingly, after 5 years of continuous residence they can apply for U.S. citizenship.

I. E-2 VISAS FOR INVESTORS IN SMALLER BUSINESSES

OVERVIEW

The E-2 non-immigrant category requires less investment and no job creation. It is an alternative to the EB-5 immigrant investor category. In many ways, the E-2 classification is similar to a green-card. The holder of an E-2 visa, his/her family, and employees are allowed to enter and leave the U.S. as much as needed, as long as the business exists. The E-2 holder may engage in self-employment (in furtherance of the qualifying investment), may remain in the U.S. for an indefinite period, and are not required to maintain ties to their home country.

REQUIREMENTS

1) The investor must be a citizen of the treaty county.

2) The investor must have possession and control of the funds invested. The source of the funds does not need to be outside the U.S., i.e. it can be a gift from someone in the U.S.

3) The investment must be at risk. This means that just putting the money in the bank account does not qualify as investment. It must involve some enterprise, something that can be at risk, i.e. a business that can be closed if things don’t go that well.

4) The investment must be committed. This means that one cannot just show money in the bank account and claim investment. The money must be either spent for the business, or there must be contracts with customers or vendors showing commitment. For example, a one year lease contract for show-room or office will be enough to show that the amount of that one year lease is committed as investment.

5) The business must be a bona fide commercial undertaking. This means that we need to show that the business is not created solely for immigration purposes. This requirement is satisfied with showing that the actual business is being undertaken, office is leased, entity is formed, business plan exists, contracts are made etc.

6) The investment must be substantial. There is no special figure. This amount may vary depending on the type of the business. For example, if your business investment is opening a car dealership, the investment of $100,000 will probably not be sufficient.

7) Investment must not be marginal. This means that the investor must have bigger plans, i.e. the business is not only to earn living, but to expand and grow. This is done by preparing a business plan, and showing the evidence that the business will continue growing.

8) Finally, the investor must have ability to develop and direct the business। This is proven by showing evidence of the investor’s prior experience, education and skills relevant to managing the intended business.

This blog and its contents has been prepared for informational purposes only। Nothing herein is intended as legal advice nor should you rely upon any information in this web site as a source of legal advice. Receipt of any such information by you does not create an attorney-client relationship between you and Panitz & Associates.

For questions and more information, please contact:

Daniel A. Panitz, Esq.

Managing Partner

Panitz & Associates
dan@lawgroup1.com

www.lawgroup1.com
40 Wall Street, 28th Floor
New York, NY 10005
212.400.7234 - Telephone
212.400.7235 - Facsimile

Investor Visas

INVESTOR VISAS

Investor visas allow Treaty Trade partner country citizens to come to the United States and work. This is a special economic relationship that has been established by Congress between numbers of friendly countries in the world. Citizens of treaty trader countries are allowed to live and work in the U.S. using the E-1 or E-2 visa. This is a non- immigrant work visa that allows the visa holder and his family to stay in the U.S. Although the visa is not permanent, it does allow the holder and his family to stay for up to five years. The visa may be renewed after that period, and can be renewed indefinitely. There are no quota restrictions, which means that the visa is not subject to priority dates where the applicant has to wait for many years. The E visa category is for people who own businesses (or are principals in the business) that sell or buy tangible goods between the U.S. and their country. An example would be someone who imports or exports products (furniture, food etc.) between the U.S. and a Treaty Trade partner country. To qualify, more than 50% of the business must be with U.S. companies. An E visa may lead to permanent status in the future if the investment becomes large enough.

The E-1 visa is called the Treaty Trader Visa and relates to people who are coming to the U.S. to develop and direct operations of a business that will result in substantial trade between the U.S. and a Treaty Trade partner country. The applicant must be a key employee of a company that trades with the U.S. It helps if they have some investment in the company, and the although there is no official minimum investment required, the amount should not be less that $100,000 or they will not be seriously considered. Persons who are specialized managers (with lots of experience) will not necessarily need to invest. However, they would need to demonstrate that they have experience in importing and exporting products that is hard to find among U.S. workers.

The E-2 visa is called the Treaty Investor Visa and applies to people who are able to invest a substantial amount of money in an operation that will result in trade between both countries. The E-2 investor must own more than 50% of the business. The E-2 applicant does not have to work in the company as an employee, but must direct the development of the business as a director, executive or manager. The investment cannot be the only source of income for the person. The amount should be at least $100,000 to be considered. However, a person who has $250,000 will have a better chance of obtaining an E-2 visa. The amount of investment does not necessarily have to be in cash, but can include capital obligations such as bank loans, cost of inventory, and leases or real estates purchases that are an integral part of the business. In addition, the investment must be put into an operating business. Simply buying property or stocks does not qualify. If the company can make a strong case showing that a substantial number of U.S. employees will be hired as part of the operation, the E-2 is more likely to be granted.

Both the E-1 and E-2 visa can be granted in a Treaty Trade partner country or in the U.S. Those in the U.S. trying to establish a business can apply for adjustment of their non-immigrant visa to E-1 or E-2. However, they must be in legal status in order to do this. If a new treaty trader business is being established, the investor must show proof that the company has enough capital to be successful. Substantial documentation is required including a comprehensive 3-5 year business plan, incorporation papers, licenses, financial statements, proof that the capital is available, and bank accounts showing deposits. Records of inventory, advertising, insurance, and commercial leases are also necessary. It is possible to obtain an E-visa within several months, as long as all necessary documentation is in place.

This blog and its contents has been prepared for informational purposes only. Nothing herein is intended as legal advice nor should you rely upon any information in this web site as a source of legal advice. Receipt of any such information by you does not create an attorney-client relationship between you and Panitz & Associates.

For questions and more information, please contact:

Daniel A. Panitz, Esq.
Managing Partner
Panitz & Associates
dan@lawgroup1.com
www.lawgroup1.com
40 Wall Street, 28th Floor
New York, NY 10005
212.400.7234 - Telephone
212.400.7235 - Facsimile