Tag: E2 Treaty Countries

US Immigration Lawyer

E2 Visa Approval for Bangladeshi Client in Vitamins & Supplements Business

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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

E-2 Treaty Invetsor Visa for Business Investor, Family & Employee

The E-2 Treaty Investor Visa – Why is it a Good Option for you?

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By Tishita Agarwal

If you are looking for a visa that will allow not only you, as an investor in an US business, but also your family and employees to enter the US, the E-2 Treaty Investor Visa might be the right fit for you. The E-2 visa is a long term non-immigrant visa that allows foreign nationals investing in an US business to direct and develop the business while living and working in the US. 

Financial investment

One of the main advantages of the E-2 programme is that there is no minimum threshold for the amount of money that must be invested – it should just be substantial. This means that it should be enough to ensure the investors’ continuing interest in developing and running the business. It is a requirement, however, that the business should be fairly profitable in the duration of your stay, should employ people and create income. Thus, passive investments in stocks or property will not qualify for this programme. The business also must be registered as an E-2 Treaty Investor business before you apply for an E-2 visa.

Treaty Countries

Since this is a treaty investor business, only citizens of a country with which the United States maintains a treaty of commerce and navigation, or with which the United States maintains a qualifying international agreement, or which has been deemed a qualifying country by legislation can qualify for this programme. If the business is owned and managed by individuals of two different E-2 eligible countries then both may be able to enter the US under this programme. The list of countries that are eligible for the E-2 programme can be found here.

Employees and Dependents

While there is no minimum amount set for investment, it is a requirement that the applicant should own at least 50% of the business. However, another advantage if this programme is that in larger businesses, it is possible for employees with managerial, executive, or essential skills to be allowed entry. While some employees may prefer to travel on the L-1 visa as there are higher chances of acquiring a green card in the future, it can also be beneficial to travel through the E-2 programme as you do not have to show employment of one year prior to the application. Along the same lines, spouses and children under the age of 21 can also accompany you to the US via the E-2 dependent visa route. While your spouse can also be allowed work authorization dependent on their visa, children will not be qualified to obtain a work visa. However, they can attend the school of their choice, and in some states, also qualify for in-state tuition. 

Duration of stay

When you first apply for the E-2 visa, if it gets approved, it directly gets approved for two years, but the visa can be extended indefinitely as long as the business continues to operate as relatively profitable. Furthermore, during your stay, you can live outside of the US for an indefinite amount of time if you may choose, and can re-enter the country at any time while your visa is still active. This is an advantage that most visa programmes do not have – you would otherwise be required to live in the US for at least a certain period of time, and would not have as much freedom to travel as the E-2 visa programme offers.

An often overlooked advantage of applying for the E-2 visa is that you get to work for and develop a business that you have invested your money in. Since the E-2 visa needs for you to own at least 50% of the business, you get to make your own decisions regarding how to run the business, which is not a luxury a lot of investors applying for an EB-5 visa through a regional centre get. 

What if I am not from an E-2 country?

Only people from E-2 Visa Countries are eligible for an E-2 Visa. But if you would like to apply for E-2 and you are not from an E-2 Treaty, you can do so by first becoming a citizen of an E-2 Treaty Country. Click here to learn whether your country has an E-2 Treaty with the US. Davies & Associates is experienced at offering this two-stage process to the E-2 Visa. The fastest and most cost-effective way to obtain citizenship of an E-2 Treaty Country is via the Grenada Citizenship by Investment Programme or Turkey’s Citizenship by Investment Program. Both countries offer citizenship within a matter of months starting from $150,000 for a donation and $220,000 for an investment in Grenada (Turkey’s program is slightly more expensive – click the links for full details). Another alternative could be the L-1 Visa. Please contact us for a consultation to explore all your 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.

TN Visa to E-2 Visa for Green Card

TN Visa to E-2 Visa to Green Card: Our Surgeon Client’s Journey

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Davies & Associates just secured approval of an EB-NIW (National Interest Waiver) petition for a doctor of plastic and reconstructive surgery from Canada. We initially helped him move to the US on a TN Visa, then switch to an E-2 Visa, and now he finally has a Green Card approval through the NIW route.

Immigration is an ongoing process, and obtaining a visa is often just the start of that process. Our client’s require continuing support from our firm with extensions, renewals, adjusting status, transitioning to a Green Card, setting up a business, filing taxes, and more. At Davies & Associates we forge partnerships with our clients for the long term.

Client Journey

The visa history of the client shows how we as a firm worked closely with the client to achieve his US immigration goals.

  1. First, we secured TN for the client as a Management Consultant. When he first came to us, he needed to obtain a Social Security Number to be able to obtain his license to practice as a doctor in the US.
  1. Thereafter, we worked on the client’s E-2 Treaty Investor visa application by setting up his own clinic here in the US. As part of his E-2 investment, he contributed his equipment from Canada.
  1. While here in the US on E-2 visa, we filed the EB-NIW petition for him which was just approved. We will now work with the client in filing his application to adjust status.

The client specializes in hand surgery, craniofacial surgery, breast surgery, microsurgery, pediatric plastic surgery, burn surgery, cosmetic surgery, nerve surgery, and skin cancer.  His research is applicable to a broad range of plastic and reconstructive surgery conditions and can have a profound impact on understanding complex reconstructive surgeries, and the development of effective and affordable technological improvements such as improved drug delivery systems. 

What is the TN Visa?

The TN Visa is a non-immigrant visa for professionals from NAFTA countries (Canada & Mexico) to work in the United States for up to three years. The rules are different for Canadians and Mexicans and are more advantageous to Canadians. Applicants must already have a job offer from a US based company and must meet the professional requirements for that position. It is important to work with an immigration attorney to ensure success.

What is the E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa allows individuals from treaty countries to move to the US for the purposes of investing in and running a business. While there is no minimum required investment amount, it must make sense for the business and is usually $100,000 or more. This does not all need to be in cash, for example, this Canadian doctor brought equipment to the US as part of his investment. Canada has an E-2 Treaty with the United States, but other countries such as China, Russia, India and Vietnam do not. If your country does not hold an E-2 Treaty with the US, you must first obtain citizenship of a country that does. Grenada and Turkey are E-2 countries that offer fast and cost-effective routes to citizenship by investment. While the E-2 Visa is a non-immigrant temporary visa, it is possible to keep renewing it as long as the business continues to operate, which theoretically means you can reside in America forever. However, to be able to live in the United States without the E-2 business, one would have to obtain a Green Card.

Green Cards and National Interest Waivers

The E-2 Treaty Investor Visa and the TN Visa are not “dual intent” visas. What this means is that you have to demonstrate an intent to ultimately depart the United States. That does not preclude you from subsequently obtaining permanent residency (a Green Card), but the intent to depart must be there. The conventional route from the E-2 Visa to a Green Card is through Direct EB-5 or through the EB-1c Visa for multinational managers and executives. In this instance, however, we worked with the Canadian surgeon to prove that it was in the US national interest to grant him a Green Card. The National Interest Waiver NIW is a subcategory of the EB-2 Visa. Once of the key benefits is that you can self-petition for this visa – this means you do not need an employer to sponsor you.

To find out more about TN Visa, E-2 Treaty Investor Visas, and transitioning to a Green Card through the NIW route, Direct EB-5 or EB-1c, please contact us.

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.

Grenada Citizenship by Investment Programme

Grenada Reopens to Vaccinated Travellers

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Grenada is reopening to fully vaccinated travellers. And while you do not actually need to visit Grenada to obtain Grenadian Citizenship by Investment, many applicants do still wish to go and forge a personal connection with the island paradise in the Caribbean Sea.

Getting into Grenada

Grenada considers a person fully vaccinated two weeks after the second dose of Pfizer, AstraZenaca or Moderna, or two weeks after the first dose of the single-shot Johnson & Johnson Janssen vaccine. What is the process for getting in if youre fully vaccinated?

  1. Book two nights of quarantine in an approved location before you travel
  2. Get a PCR test 72 hours before flying
  3. Prepay for a PCR test for your arrival in Grenada
  4. Obtain travel authorisation from Grenada
  5. Fly to Grenada
  6. Present proof of vaccination
  7. Take PCR test at airport
  8. Stay in quarantine for 48 hours while your PCR test is checked

Pathways to Citizenship in Grenada

Grenada offers two pathways to citizenship – a donation to its National Transformation Fund starting from $150,000 or an investment in real estate from $350,000 with a $50,000 government fee. There is also an option for a partial share of a real estate investment from $220,000. Investment opportunities must be approved by the government and tend to be hotels and villas on the island. There are a handful of approved developers who have a long history working with the CBI programme. Some developers offer the option for a buyback of your investment after Grenada’s CBI conditions have been met.

Benefits of Grenada Citizenship

Grenada has a strong and stable economy with a strong tourism sector. Tourism numbers inevitably fell during the pandemic, but the country is predicting a quick rebound. Reopening the border to fully vaccinated travellers is the first step in this process. The Grenadian passport is relatively strong offering visa free access to around 130 countries, including the United Kingdom, the European Union, and the People’s Republic of China.

Access to the E-2 Visa

Grenadian citizens are also eligible for the United States E-2 Treaty Investor Visa. This allows a person from a treaty country to move to the US to invest in and run a business or franchise. Only citizens of Treaty Countries are eligible, so that excludes India, Russia, China, Vietnam and more. We have helped clients obtain E-2 visas via Grenada and its Citizenship by Investment programme.

While the Grenada CBI programme does not require applicants to visit the island as part of the application process, it is advisable that anyone considering the E-2 option should visit the island and create local ties. The US embassy that is responsible for E-2 applications from Grenadian citizens is on the neighbouring island of Barbados and Grenadian E-2 applicants may have to visit Barbados for interview.

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.

E-2 Visa approved for a Singaporean national during COVID-19

E-2 Visa: Change of Status approved for a Singaporean national amidst the COVID-19 pandemic

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By Verdie Atienza

The client entered the US on a visitor’s visa and recognized the opportunity to set up a full-service business coaching and management consulting company with the goal of improving client’s profitability and increasing operational efficiency. He is the head of a private equity and capital markets firm in Singapore responsible for raising millions in sees capital from various investors and overseeing all aspects of business strategy, corporate governance and product development for global startups. 

The client decided to apply to change status to E-2 Treaty Investor Visa for the following reasons:

  1. He wanted to capitalize on the opportunity in the US;
  2. He was concerned about not being able to come back to the US as soon as he would like if he applies for the E-2 visa at the Embassy because of COVID-19;
  3. He wanted to immediately be able to develop and direct the US company.

With the assistance of D&A, the client was able to timely file an application to change status to E-2. As expected, he received a request for evidence. The challenges to his E-2 change of status application were as follows:

  1. He was required to provide for additional evidence to prove business viability since his company is a start-up;
  2. He was asked to prove his capacity to develop and direct the enterprise considering that the company is a service-oriented one. USCIS has been known to issue RFEs for service-oriented businesses with the treaty investor applicant  as one of the primary service providers.
  3. He was required to prove his non-immigrant intent.

D&A successfully overcame the RFE and obtained an approval for the client. Our team worked closely with our business plan team to prepare a strong response to prove the business viability of the E-2 company even if it is a start-up. COVID-19 made things more challenging because the lockdown and restrictions to gather in big groups will force the company to resort to online or virtual trainings.

We also had to prove to USCIS that our client has the ability to develop and direct the company. Since the company is a service-oriented business, demonstrating that the client will be performing work that is “solely” focused on developing and directing the E-2 company may be difficult, however, we were able to prove that the activities of the E-2 investor applicant are primarily focused on business management and development. We successfully demonstrated that the client’s performance of consulting activities are incidental to their job developing and directing the business. 

With the approval of the change of status application, the Company will now be able to organize corporate trainings that will lead to the professional development and improvement of the employees. The Company will provide strategic consulting services to businesses, enabling them to achieve sustained, profitable growth. This service segment includes strategic advice in the areas of general growth strategy, leadership development, performance improvement, mergers and acquisitions, and corporate portfolio design. In the area of leadership development, the Company’s team views employee engagement as a potential source of competitive advantage. The services of the Company become particularly relevant as the most US companies have to rise above the economic slowdown as a result of the pandemic.

The E-2 Treaty Investor Visa offers the opportunity to invest in and own a business in America. Applicants must come from an E-2 Treaty country. Click here to find out if your country holds an E-2 Treaty with the United States. If your country does not have an E-2 Treaty with the United States, it is possible to quickly obtain citizenship by investment of an E-2 Treaty country which would make you eligible. Grenada Citizenship by Investment and Turkish Citizenship by Investment are the quickest routes to E-2 Visa eligibility.

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.

Israelis looks to US E2 Visa as Vaccination Program Reopens Both Countries

Israelis looks to US E2 Visa as Vaccination Program Reopens Both Countries

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Israel signed an E2 Treaty with the United States in 2019, but the Coronavirus pandemic caused a false start. As the world reopens, 2021 and 2022 look set to be bumper years for Israeli E2 visas.

Israel became the newest E2 Treaty Investor Visa Country in the world when it signed a treaty with the United States that came into force in May 2019. The E2 Visa allows anyone from a treaty country to move to the United States for the purpose of investing in and running a business.

Around 500 E visas were issued to Israeli nationals in 2019*, a figure that was expected to jump significantly in 2020. Then the Covid-19 pandemic hit. Borders were shut and the US embassy in Israel closed to all but essential operations. Visa processing ground to a halt and the number of E visa issuances in Israel dropped to just 260 last year.

The outlook for 2021 is mixed. While consular services have resumed at the embassy, they are still limited by social distancing and the need to protect both staff and applicants. Israel’s world-leading vaccination campaign mean things are likely to improve quickly in the second half of the year and into 2022. Given the current demand we are seeing from Israel, 2022 could be a bumper year for E2 visas in the country.

Benefits of an E2 Visa?

The E2 visa allows a person to invest in and run a business in the United States. Investment requirements are relatively low – usually starting from around $100,000 but need to be enough to support the business plan. It is possible to start a new business, acquire and existing business, or buy into a franchise. It is important to engage attorneys like Davies & Associates that has corporate lawyers working in close proximity with immigration lawyers because the business needs to be correctly structured to comply with the immigration regulations.

Spouses and children under the age of 21 can accompany the primary applicant. Spouses can apply for work authorization in the United States. The visa is valid for up to 5 years but can be renewed again and again provided the underlying business continues to operate. That said, the very first time an Israeli citizen is issued an E2 visa, it will be valid for anything up to 2 years before requiring renewal – subsequent renewals will be at the 5 year intervals.

Becoming a citizen of Israel to access the E2 Visa

Eligibility for the E2 Visa is determined by your country of citizenship. People from countries like Russia and South Africa are not directly eligible. Anyone from a non-E2 Treaty country the could claim Israeli citizenship can then become eligible for the E2 visa by virtue of their new Israeli nationality. Read more about dual Russia Israel citizenship.

People who hold dual UK and Israeli nationality may prefer to opt to apply for the E2 Visa under their Israeli passport. The UK is the only E2 country whose citizens are required to reside in their home country. Israeli-UK dual citizens can still apply at the embassy in London under their Israeli passport.

Alternative US Visas for Israelis

Israel and America have a long history of close political and economic ties. America is by far Israel’s leading export market with around one third of all exports going to America. This may mean the E1 Treaty Trader Visa is more suited to some Israelis. Israel has been eligible for the Treaty Trader Visa for much longer than the E2 Visa. In fact, Israel has been an E1 country since the 1950s. This visa allows for more easy access to the US for employees and owners of Israeli firms that conduct substantial trade with America.

Other alternatives to the E2 Visa for Israeli business owners, entrepreneurs and professionals include the EB5 Investor Visa and the L1 Transfer Visa. Only one Israeli was issued an EB5 investor visa in 2019 out of a total allocation of just over 700. The EB5 visa is a residency by investment program that offers a Green Card for $900,000. All qualifying family members can all obtain Green Cards for a single investment.

The L-1 Visa allows for the intra company transfer of a manager, executive or specialized knowledge employee, from the Israeli office to the US office of the same company. It is possible to use this visa category to send a manager to oversee the establishment and growth of a new US operation of your existing Israeli business. 2,000 L-1 Visas were issued to Israelis in 2019.

* Figures include E1 Treaty Trader Visas as well as E2 Treaty Investor 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.