Client Q & A on Eb-2 Visa

L-1A Visa to EB-1A Visa: Permanent Residency for Research Scientist in “Extraordinary Ability” Category

We are delighted to share that we have secured an approval of an EB-1A petition for a Research Scientist and R&D Leader of Extraordinary Ability from India.

The EB-1A Visa is an employment-based Green Card (US Permanent Residency) for people who can demonstrate extraordinary ability in the sciences, arts, education, business or athletics. Applicants are scored against a list of ten criteria and must meet at least three of them. Read the criteria here.

The Petitioner is a R&D Director (Lead Research Scientist) of a multinational company whose work has been focused on providing relief and healing through their various hair care and skincare brands. Over the years, he has led the formulation of specialized actives, which helps to eliminate flakes, dryness and itchiness which simultaneously nourishing the hair and skin. 

As the R&D Director (Lead Research Scientist), he leads the development of all skincare products worldwide, and all skincare products within the North American markets of the multinational company.  The successes of multinational company are made possible by the expertise of the Scientists such as the petitioner, who work tirelessly to invent and improve the products and company’s brand. 

The client is currently in the US on the L-1A visa working for a multinational company. The L-1A visa permits the intracompany transfer of managers to the existing or newly established US business of the same firm. Crucially, the L-1A is a “dual intent visa”. This means that prospective applicants do not need to demonstrate an intent to depart the United States and are permitted to actively seek a Green Card during their stay. Read more about the L-1 visa.

Congratulations to Verdie Atienza and his team, especially Etta Johnson, for their hard work.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Visa for actors and musicians

As Elton John Criticizes Access to Europe for Artists, What are the Rules for USA?

Sir Elton John has criticized the UK government for not doing enough to help musicians wanting to tour Europe in the aftermath of Brexit. John claimed artists were being figuratively (and sometimes literally) “stranded at Dover”, the name of the English town that acts as a gateway to Europe. As the issue remains unresolved, we explore the options for artists seeking to work and/or live in the United States.

Temporary Access to the US for Artists?

The US immigration options for artists depends upon whether they are seeking temporary or permanent admission to the United States. For temporary admission, the most appropriate visa is likely to be the O1B Visa for musicians, actors, and other professionals in the arts, TV or motion pictures industries (the O1A visa, by contrast, is for those with extraordinary ability in science, education, business or athletics). Applicants must have a job offer in the United States, and should – usually – meet several of the following requirements:

  • The applicant has taken a leading role in a production
  • The applicant has garnered coverage in the media or other publications
  • The applicant has been involved in a commercially successful project
  • The applicant has garnered review for their work from critics
  • The applicant has earned a high salary for their work

Your attorney will build your case based upon your career experience. Artists who are in receipt of a prestigious award are automatically eligible for the O1B visa. Support staff, such as choreographers, editors, set designers, animators, makeup artists, etc, may be eligible for an O2 Visa, provided they are there to assist the O1 visa candidate for the specific job. Spouses and children can also accompany a successful O1B visa applicant to the United States on an O3 Visa.

Permanent Residency for Artists

The O1 Visa is tied to specific jobs and limited to an initial three years – which can then be renewed in increments of one year. But what if an artist wished to stay in the United States longer? In such instances, they may wish to consider applying for US permanent residency, also known as a Green Card.

The optimal permanent residency pathway for those in the arts is likely to be the EB1A Visa. This is the first-preference employment-based immigrant visa category and is for anyone who is able to demonstrate extraordinary ability in the sciences, arts, education, business or athletics “through sustained national or international acclaim”.

The US Citizenship and Immigration Services have ten criteria for EB1A eligibility and a prospective applicant must meet at least three. This includes, media coverage, exhibitions of their work, evidence of commercial success, high earnings, participation in judging panels, and being the recipient of an award. Find the full list of EB1A criteria here.

The good news is O1 is a “Dual Intent” visa. Usually visa applicants seeking temporary admission to the United States are expected to prove they intend to depart the country after their visa expires. However, O-1 Visa holders are permitted to actively seek a Green Card during their stay in the United States. This means an applicant might start working in the United States temporarily under the O1 visa and apply for an “Adjustment of Status” to a Green Card under EB1A without being required to return to their country of origin.

The EB1A visa is not the only pathway to permanent residency and the applicant should discuss their goals and circumstances with an attorney who can present a range of options and discuss their various merits. Contact our team to discuss.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


EB-5 Investor Visa Application Price Increase

USCIS đã ban hành một mẫu đơn EB-5 mới dành riêng cho các Đương đơn EB5 theo chương trình Trung tâm Vùng – được gọi là Mẫu I-526E.

Sở Di trú & Nhập tịch Hoa Kỳ (USCIS) hôm nay đã ban hành mẫu đơn xin Thị thực Nhà đầu tư EB-5 mới dành cho các đương đơn đầu tư thuộc Trung tâm Vùng- Đơn xin nhập cư I-526E của Nhà đầu tư Trung tâm Vùng EB5.

Trước đây, đương đơn xin Thị thực EB-5 của Trung tâm Vùng và hình thức Trực tiếp đều sử dụng cùng một mẫu Đơn xin nhập cư I-526 đối với Doanh nhân nước ngoài. Dự kiến ​​sẽ sớm có một mẫu đơn EB-5 Trực tiếp được sửa đổi.

Đương đơn nên làm việc với luật sư di trú được cấp phép của Hoa Kỳ khi chuẩn bị hồ sơ EB-5. Luật sư di trú sẽ đảm bảo rằng bạn đang sử dụng đúng mẫu đơn yêu cầu và có thể hỗ trợ đánh giá các nguồn tiền có thể chấp nhận được cho chương trình EB5.

Điều này sẽ tránh bất kỳ sự chậm trễ không cần thiết hoặc từ chối nào do lỗi bất cẩn hoặc các nguồn đầu tư không thể chứng minh được. Tại Davies & Associates, chúng tôi đã giúp hàng trăm gia đình chuyển đến Hoa Kỳ thành công và không có khách hàng nào của chúng tôi bị từ chối Visa EB-5.

Mẫu đơn I-526E, tập trung vào Trung tâm Vùng EB-5, chắc chắn chứa các yêu cầu, thông tin bổ sung thêm về dự án Trung tâm Vùng đã chọn của đương đơn Visa EB-5. Ngoài ra còn có các câu hỏi bổ sung về nhà đầu tư, chẳng hạn như giá trị tài sản ròng của họ, có thể cũng sẽ xuất hiện trong bất kỳ mẫu đơn đăng ký EB-5 Trực tiếp mới nào.

Các nhà đầu tư đã nộp I-526 cho một dự án Trung tâm Vùng và đang chờ kết quả thì không cần thực hiện thêm hành động nào. USCIS không yêu cầu những người nộp đơn này phải nộp lại I-526E mà sẽ giải quyết trên cơ sở mẫu đơn I-526.

Tuy nhiên, bất kỳ đương đơn mới nào đều phải sử dụng biểu mẫu mới. Nếu không, đơn đăng ký sẽ bị từ chối. Trong trường hợp như vậy, đương đơn sẽ cần phải điền và nộp lại hồ sơ EB5, có nghĩa là mất vị trí ưu tiên của họ trong danh sách xử lý EB-5 tại thời điểm nhu cầu đang tăng nhanh chóng. Điều này có thể có tác động đặc biệt nghiêm trọng đến các nhà đầu tư từ các quốc gia có số lương đương đơn EB5 lớn. Chúng tôi khuyên bạn nên làm việc với một luật sư có kinh nghiệm để tránh những sai sót và chậm trễ không đáng có.

Chương trình Thị thực Nhà đầu tư Nhập cư EB-5 là chương trình nhận thường trú nhân Hoa Kỳ (Thẻ xanh) theo diện Đầu tư. Yêu cầu đầu tư tối thiểu là 800.000 đô la và mức đầu tư phải tạo ra mười việc làm. Mỗi thành viên của một đơn vị gia đình đủ điều kiện có thể có được thường trú nhân thông qua một khoản đầu tư duy nhất, nhưng cha mẹ nên lập kế hoạch thận trọng để con cái của họ tránh “quá tuổi”.


EB-5 Investor Visa Application Price Increase

USCIS Changes EB-5 Investor Visa Application Form for Regional Center Applicants

USCIS has introduced a new EB-5 application form specifically for EB-5 Regional Center Applicants – henceforth to be known as Form I-526E.

The US Citizenship & Immigration Services (USCIS) today issued a new EB-5 Investor Visa application form for Regional Center applicants – the I-526E Immigrant Petition by Regional Center Investor. Until now, both Regional Center and Direct EB-5 Visa applicants used the same form I-526 Immigrant Petition by Alien Entrepreneur. A revised Direct EB-5 application form is expected soon.

Applicants are advised to work with a licensed US attorney when preparing an EB-5 application. The attorney will ensure that you are using the correct form and can assist with documenting acceptable sources of funds. This will avoid any necessary delays or denials caused by administrative errors or inadmissible Sources of Funds. At Davies & Associates we have helped hundreds of families successfully move to the United States, and no client who has followed our advice has been denied an EB-5 Visa.

The I-526E, being focused on Regional Center EB-5, inevitably contains sections requiring more information of an EB-5 Visa applicant’s chosen Regional Center project. There are also additional questions about the investor, for example their net worth, that will likely also feature in any new Direct EB-5 application form.

Investors who have already submitted an I-526 for a Regional Center project and are awaiting adjudication need take no further action. USCIS does not require these applicants to re-submit an I-526E, but rather will adjudicate on the basis of an I-526.

However, any new applicants must use the new form. Failure to do so will result in the application being rejected. In such an instance, the applicant would need to refile, which means losing their position in the EB-5 processing queue at a time when demand is rising quickly. This can have a particularly serious impact on investors from countries in or near retrogression. We advise you to work with an experienced attorney to avoid unnecessary mistakes and delays.

The EB-5 Immigrant Investor Visa Program is US permanent residency (Green Card) by Investment. The minimum investment requirement is $800,000 and this must create ten jobs. Each member of a qualifying family unit can obtain permanent residency through a single investment, but parents should plan carefully to avoid their children “ageing out” and requiring their own separate application.

Read more about EB-5 Visas.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Approved: E2 Visa following Grenada Citizenship by Investment

Our firm is happy to share that we have obtained another E2 Treaty Investor approval for yet another client. He is a citizen of South Africa who first obtained a Grenada passport to apply for E2.

The client came to us seeking assistance in applying for the E2 visa. We would ordinarily encourage him to apply for his E2 visa at the US Embassy in Bridgetown, Barbados. However, considering that the US Embassy in Barbados suspended E-2 visa processing, we decided to submit his application at the Consulate in Johannesburg instead.

We helped him set up a real estate brokerage firm based in Washington State. The Company provides real estate brokerage services to domestic and international clients and guides them in every step of the selling or purchasing process for a residential or commercial property.

The Company works closely with clients in order to provide them with the optimal solution. The company performs a comparable real estate market analysis to determine the value of the clients’ property, prepare a marketing and sales plan, facilitate the services of a mortgage broker to help clients with their financial needs, and offer real estate legal guidance until the sale/purchase is closed.

The E-2 Treaty Investor Visa offers the foreign nationals of treaty countries the opportunities to live and work in America by investing in and running a business.

Click here to find out whether you are from an E2 Treaty Country.

If, like this client, you are not from an E2 Treaty Country, it is possible to become eligible for the E2 Visa by first obtaining citizenship of an E2 Treaty Country. This client became a citizen of Grenada before applying. A Grenada passport can be obtained in a matter of months with options starting from $150,000. Alternatively, Turkey offers a citizenship program starting from $250,000.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Humanitarian Parole for Afghans

Senators Show Support for New EB-5 Investors

Amid all the excitement of the EB-5 Regional Center Program returning, a key question remains unresolved: that of Regional Center “redesignation”. But a group of leading Senators are giving new investors grounds for hope that this will be cleared up soon. 

The US Citizenship & Immigration Services (USCIS) argues that the recent legislation means that all Regional Centers must re-apply for authorization and cannot accept new investors until this has been granted. This could cause delays given the administrative burden on USCIS of having to adjudicate on hundreds of Regional Center applications at once.

However, a group of senior Senators, including Senate Majority Leader Chuck Schumer, have issued a letter to the head of USCIS stating that it was never the intention of the legislation to de-authorize existing Regional Centers. 

How USCIS will respond is yet to be seen. Since this is an evolving story, our firm will keep your updated of any new developments. Once Regional Centers are able to start accepting new investors, we predict an uptick in new EB-5 applications. This may have serious impact on demand in places like India. There are only 700 visas available for each country each year, after which that country enters so-called visa retrogression. To avoid such a waiting list – which can span multiple years – it is advisable to start preparing your application in advance, so that it is ready for submission as soon as this issue is resolved. 

What is EB-5?

EB-5 is an immigrant visa that offers a pathway to US permanent residency (Green Card) through investment. The minimum investment threshold is $800,000 and it must create ten jobs. In addition to the Regional Center route, the Direct EB-5 route remains open to new investors. Click here to learn more about the EB-5 Visa.
 
To discuss how this impacts you, please request a call with Mark Davies or Blake Harrison in our EB-5 Team by replying to this email or contacting Neena Singh in our Delhi office: 
WhatsApp: +91 95992 99322
Email: [email protected]


EB-2 Visa for Green Card

E2 Visa Approval for Bangladeshi Client in Vitamins & Supplements Business

We closed last week with another E-2 visa approval for another Bangladeshi national. The client is the second Bangladeshi national that we have assisted in obtaining an E-2 visa this year. 

We helped the client set up a Limited Liability Company in Texas that will sell vitamins, supplements, and other health-related products, both imported and sourced from local suppliers, online, via its e-commerce store and sales platforms, such as Amazon.com and Walmart.com. Additionally, the Company will operate as a wholesaler selling these products to other wholesalers and retailers.

This approval follows a number of reason successful visa petitions for Bangladeshi nationals, as we continue to enjoy a 100% success rate for our Bangadeshi clients

The E-2 Visa allows citizens of Treaty countries to invest in and run a business in the United States. Anyone who is not from a Treaty country can become eligible by obtain citizenship of a Treaty Country. The Grenada and Turkish citizenship by investment programs offer the fastest and most cost-effective pathways to the E-2 Visa.

Click here to learn more about the E-2 Visa


New EB-5 Visa Rules: What is Concurrent Filing in EB-5?

The changes affect EB-5 applicants who are waiting to file their I-485 adjustment of status application.

By Blake Harrison, Senior Counsel, Investor Visa Practice

On March 15, 2022, President Biden signed long-anticipated EB-5 reform measures into law.  One of the most significant changes under the new law is the ability to file Form I-526 and Form I-485 at the same time, which is commonly referred to as “concurrent filing.”  Before the EB-5 Reform Bill was enacted, EB-5 investors had to wait for their I-526 petitions to be approved before filing for adjustment of status. Under the EB-5 Reform Bill, concurrent filing allows investors living in the United States on non-immigrant visas to apply for adjustment of status when filing their I-526 petitions. We expect that investors who filed their I-526 petitions before the EB-5 Reform Bill was enacted may also apply for adjustment of status prior to the adjudication of Form I-526.

Blake will be hosting a client workshop for clients who are impacted by this change next Wednesday 20 April at 11 am Eastern time. If you are not a Davies & Associates client, but think you might be affected by the changes to concurrent filing rules, you are also welcome to attend. Click here to sign up or contact us to discuss.


The EB-5 Visa Program is a route to US Permanent Residency by investment. The minimum required investment is either $800,000 or $1,050 million depending upon where the investment is made. The investment must create ten jobs and the source of funds must be legitimate and clearly documented. A single investment can include the applicant’s spouse and children under the age of 21.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


O-1 Talent Visa for Kenyan Entrepreneur in the Beauty Industry

We are delighted to announce another petition approval this time for an O-1 Visa for a Kenyan CEO. The petition was approved first time without any Requests for Evidence (RFE)

By Verdie Atienza, Senior Immigration Attorney, Davies & Associates

Since the client is a CEO of an existing company in Kenya, we initially considered new office L-1 petition. The L-1A Visa allows for the transfer of managers and executives to the existing or newly established US office of a related overseas firm. However, since she meets the O-1A criteria as well with all her awards, recognitions and press coverage, we decided to go with entrepreneurial O-1A petition since it could get her a three-year visa instead of 1 year with new office L-1 petition.

The Beneficiary is an alien of extraordinary ability in the field of business with a focus in beauty entrepreneurship.  Her specific skills lie in the creation, formulation, marketing and branding of natural and organic haircare products.  She created her own brand of hair care and beauty products consisting of natural and organic hair products such as conditioners, moisturizers, cleansers, stylers, body butters and pure oils. Her unique skills of creating, marketing, and branding has had a significant impact in the black community, not only by empowering black people to take pride in their natural hair, but by also enabling them to raise above anti-blackness and the discrimination against afro-textured hair. 

She is one of the few black-owned natural hair product designers, who has created a business selling high-quality hair product for naturally kinky textures, which until most recently, very few mainstream brands were doing. The demand for natural and organic hair products, and the safe authentic ingredients used in her products has led to a high demand for the brand, worldwide.  

The client’s company in Kenya was launched and established in 2015. It is a high-quality hair product line that guarantees affordable natural and organic hair products such as conditioners, moisturizers, cleansers, stylers, body butters and pure oils, among other things. All products are made from African natural ingredients such as coconut oil from Kenya, shea butter from Uganda and natural fragrances from South Africa.  The star ingredient is Coconut Oil from the Coast of Kenya, a touristic country called Mombasa, famous for its pristine beaches, palm trees and “mnazi,” which is Swahili for pure coconut oil or water.

What is the O-1 Visa?

The O-1 Visa is a non-immigrant visa for individuals who can demonstrate extraordinary talent in a range of fields, from business and arts, to science and athletics. Our firm has helped hundreds of talented individuals move to the United States on both immigrant (permanent residency) and non-immigrant visas.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Italian Immigration Options

Italy Plans “Digital Nomad” Visa to Entice Remote Workers

The Italian government has announced that remote workers will soon be able to apply for a “Digital Nomad” Visa, permitting them to work in the country for up to one year. The move is part of a package of measures designed to help Italy recover from Covid-19. The hope is that these professionals will come to the country for the Dolce Vita and spend lots of money in the process.

The details are yet to be released, but it is specifically aimed “highly qualified professionals” who are able to work remotely because of modern “technological tools”. The pandemic has upended working practices around the world. While many companies are trying to tempt people back to the office, or permitting hybrid working practices, others have gone fully remote. This adds to a trend that was already growing before the pandemic, and it is these people Italy is seeking to reach.

It is not clear how Italy plans to define “highly qualified professionals” and what the visa criteria will be. There may be a minimum income requirement, an educational-attainment requirement, and/or a job seniority/experience requirement. We will keep you updated as the rules are set.

The visa will be valid for up to one years and it is not yet clear whether there will be options to extend. However, for anyone who falls for the Italian way of life and wishes to remain longer, there are multiple options for staying on. The Elective Residency Visa is currently our most popular Italian option and offers residency to anyone who can prove funds of €32,000/year earned outside of Italy to support themselves.

Visit our Italy Practice page for full details on all your Italian immigration options.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.