Tag: E2 Treaty Investor Visa

Vaccine Requirement for US Travel

MESSAGE FROM A SATISFIED E-2 CLIENT

US Immigration Advisor

“I am writing to express my sincere gratitude for all the hard work and dedication you put into our E2 visa application process. We received our visa today, and we are overjoyed with the outcome. Throughout the entire process, your professionalism, expertise, and guidance were invaluable. You kept us informed of the progress of our application, answered all the questions promptly, and made the entire process as smooth as possible. I appreciate your attention to detail, your willingness to listen, and your commitment to ensuring that my application was successful. Without your guidance

and support, I would not have been able to achieve this result. Once again, thank you so much for all your efforts. I am truly grateful for your help, and I will certainly recommend your firm to anyone seeking legal assistance in the future.”

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and  L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 

Italian National - US Immigration E2 visa, L1 Visa

E2 Treaty Investor Visa Guide for Italian Nationals

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Italians are eligible to get a 5-year E-2 Treaty Investor visa which would allow them to be in the U.S. to develop and direct their E-2 company. For every entry on a valid E-2 visa, one can get a period of authorized stay of 2 years. E-2 visa applications are filed directly with the Embassies and Consulates unlike other visa categories, which require prior approval of a petition by USCIS. For a period of time after COVID, applicants had to wait for up to a year to get an appointment for the interview. Now, it appears that they are slowly getting back to normal. For our most recent client, the wait time was around 3 months only from the time of submission of the application.

Looking for an US immigration lawyer? Request free consultation at Davies & Associates or find our closest location around the world. 

This article has been written by Verdie J. Atienza, Esq., Senior Immigration Attorney, Head of E-2 and L-1 Visas Practice Team at Davies & Associates, New York Office.

Verdie J. Atienza is a Senior Attorney in charge of the firm’s L-1 and E-2 visa practice. He is a dual qualified lawyer in New York and in the Philippines and is qualified to practice immigration law in any state in the United States. 

 

US Immigration Lawyer

Numerous Recent Visa Approvals for D&A Clients

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The clients of our firm have been granted a number of different visa approvals over the past week, with the feeling that the Covid pandemic is increasingly behind us. Here are some examples:

E2 Visa for Singapore National Setting Up Advisory Firm in California

We are happy to share that we have secured an approval for another E2 Treaty Investor Visa applicant from Singapore. The applicant will operate as an advisory firm in California. The Company will raise money from qualified investors who will acquire limited partnership interests in a limited partnership fund, and then advise the fund to make minority equity investments in selected startups. The Company will receive advisory fees from the fund and a profit in the form of carried interest when the equity held by the fund in a startup is acquired by an acquirer, or when the startup goes for an initial public offering. 

The E2 company will be committed to partnering with frontier tech entrepreneurs as they start out, becoming their trusted advisor and providing them with the necessary advice to succeed. The Company’s investment philosophy will be to patiently identify and invest in highly-qualified entrepreneurs and accelerate growth through its network of executives in the IT Industry. It will coach frontier tech startups on initial customer selection and how to create compelling marketing pitches. The Company will facilitate meetings with lighthouse customers to help startups achieve success fast. Lighthouse customers are consumers who embrace a product soon after its launch. They will provide considerable and critical feedback to help startups develop and refine their products. Identifying and developing strong relationships with these customers is crucial for startups’ future success.

E2 Treaty Investor Visa for a Swiss National

The E2 Treaty Investor invested in a farm management company based in California. The company will provide custom harvesting and farm management services. The Company purchased selected farming equipment to provide local farmers with harvesting services that will maximize their output and profitability. Additionally, the company will hire agricultural advisory who will help farmers select crops for planting and organize their entire annual cycles to increase their operations’ cost-effectiveness. 

The company will provide its services to farmers from Fresno, Woodland, and Lodi, Californian cities known for their disproportionately high agricultural output and excellent products. The Company will focus on nut tree farmers, primarily those that cultivate almonds and pistachios. 

L1 Visa Extension for a Polish Shipping and Logistics Executive

We have helped a US company secure an extension of status for its current President on L-1A visa. Established on January 8, 1992, the US company was founded with the purpose of securing proper representation of a state-owned shiping company in Poland in North America and to conduct business in the lucrative North American market.  The US Company represents the Polish company’s  interests in all aspects and matters concerning North and Central America and the Caribbean markets; providing the closest and most effective link between Poland’s largest ship owner and all current and future business partners and customers.

As General Agent for the PZM Group in North American and Caribbean ports, the US company provides the following services:

  • Serving as financial center (treasury department/cash manager) for various financial transactions involving United States currency
  • Serving in a similar capacity for North American and Caribbean operational activities 
  • Serving as Chartering Broker for the Polish company’s vessels
  • Supervising execution of shipments performed by vessels within North and Central America
  • Arranging port operations through local Agents’ network, dealing with contractors and sub-contractors, including tugs, pilots, stevedores, terminal operations, holds/tanks cleaners, slop disposal services, ship chandlers, etc.
  • Arranging bunkers and spare parts supplies for vessels, including dealing with suppliers and bunker brokers
  • Controlling all costs and expenses regarding ship’s call to North American market
  • Arranging and coordinating crew changes
  • Arranging cargo, ship, draft, bunker, class, technical surveys and all necessary reports

H-1B for an Indian Developer

The US Company was set up in 2016 and it aims to empower enterprises to unleash the power of cloud on their terms by helping them rapidly achieve continuous and autonomous cloud governance at scale. The company enables enterprises to realize outcomes across FinOps, SecOps and CloudOps such as 40% decrease in cloud costs and 50% increase in operational efficiencies by governing operations, security, cost, access, and resources. CoreStack also assures 100%compliance with standards such as ISO, FedRAMP, NIST, HIPAA, PCI-DSS, AWS CIS & Well Architected Framework (WAF).

Enterprises face significant cloud challenges including unpredictable and unabated cloud costs, ever growing security risks, stringent regulatory compliance needs and operational complexities as they navigate the digital transformation journey. The company helps enterprises overcome these challenges by offering deeper cloud visibility, preventative governance

guardrails, and automatic remediation. With a unique Cloud-as-Code approach that uses deep AI/ML, declarative definitions, connector-less model, and a patented cloud service-chaining technology, CoreStack continually innovates to harness the real power of cloud. The company works with many large global customers across multiple industries including Financial Services, Healthcare, Retail, Education, Telecommunications, Technology and Government.

The H-1B beneficiary will assume the position of a Developer who will perform highly specialized duties in the occupation of application development and analysis with a focus on software application design and development and engineering support.

By Verdie Atienza, Head of E2 & L1 Visa Practice Group

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

L-1 Visa for Manager of Small Business

New E-2 Visa Approval as Embassies Grind Back into Gear Worldwide

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Davies & Associates secured yet another approval for an E-2 Treaty Visa client, this time for a Pakistani client who is starting up a marketing consultancy in the United States. The client’s E-2 approval – at the US embassy in Islamabad – shows that visa processing is slowly returning to normal after the disruption caused by Covid-19.

The situation continues to remain mixed globally. The availability of visa appointments depends upon local restrictions and the level of pent-up demand. If you are hoping to move your business and/or family to the US soon, it could be wise to prepare an application and position yourself in the queue. While visa processing for the E-2 visa takes place at embassies,  L-1 Visa USA applications and EB-5 Visa applications also required the involvement of the US Citizenship & Immigration Services (USCIS), which has also been affected by Covid-related shutdowns and slowdowns.

The E-2 approval in Islamabad follows on from a recent E-2 approval for a client from the US embassy in Dhaka, Bangladesh, pointing to the green shoots of recovery.

E-2 Visa Company

The Pakistani E-2 Treaty Investor will operate a marketing consulting company that offers blended perspectives on technology architecture, human psychology, user experience design, and communications. Unlike competitors that focus on one angle, the company can use its collective insights and experiences to deliver projects, ideas, or strategies that are more nuanced and cohesive.

The E-2 Company offers ongoing communication services, time-bound services, and strategic brand development services, as well as content-based products such as online courses and books. The Company operates on a service-based business model, where revenue is generated from short-term client contracts (fixed price and duration) and long-term client contracts (ongoing monthly retainers).

E-2 Visa Investment Amount

The applicant invested $100,000 in the new business. There is no fixed investment amount for an E-2 Visa, but normally the US authorities expect an investment upwards of $100,000. That said, we have managed to secure visas for clients investing less than this. The investment does not need to all be cash; inventory and IP can also be acceptable forms of investment.

The client received the $100,000 as a gift from her father. Gifts are an acceptable source of funds for US investor visas – but the person gifting the money may also need to document the source of their funds. In order to minimize the client’s, her risk money was committed to an Escrow account. This allows her to demonstrate her plan to invest, but allowed her to regain the cash should her application not succeed.

E-2 Visa Eligibility

To be eligible for an E-2 Visa you must be a citizen of a Treaty Country. Click here to check the list of countries. If your country is not on the list, you can become eligible for the E-2 Visa by first obtaining citizenship by investment of Grenada. Grenada offers a fast and cost-effective route to citizenship. Processing has continued in Grenada during the Covid pandemic.

To learn more about the E-2 Visa, please contact Verdie Atienza, Senior Immigration Attorney and Head of E-2 & L-1 Visa Practice at Davies & Associates.

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.

US Citizenship parents

Do the Employees of E-2 Treaty Investors Qualify for US Visas?

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By Verdie Atienza, Senior Immigration Attorney, Head of E-2 Visa Practice, Davies & Associates

There is a wealth of information regarding the  USA E2 Visa, but not a lot of people know that the E-2 Enterprise may also file an application for a foreign national of the same nationality as the E-2 Treaty Investor to qualify for an E-2 Treaty Employee visa. The E-2 employee may be an executive or supervisory employee. The employee may also be employed in a lesser capacity provided  that he or she has special qualifications.

It should be noted that the E-2 Treaty Investor need not be an individual. The E-2 Treaty Investor may also be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. 

More interestingly, these owners do not necessarily have to maintain nonimmigrant E-2 treaty investor status in the U.S. They just need to be classifiable as nonimmigrant treaty investors, if they were to seek admission to the U.S. In this regard, an E-2 enterprise may still bring E-2 treaty employees to the U.S. even if the E-2 Treaty Investor does not want to apply for the visa or if the E-2 Treaty Investor is actually an organization or an entity.

To qualify for E-2 treaty employee visa, the duties of the applicant must be executive or supervisory character, which means that he or she will have ultimate control and responsibility for the enterprise’s overall operation, or a major component of it.  If the applicant is seeking to apply as someone with special qualifications, the skills and/or aptitudes must make the employee’s services essential to the efficient operation of the treaty enterprise. 

There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:   

  • The degree of proven expertise in the employee’s area of operations
  • Whether others possess the employee’s specific skills
  • The salary that the special qualifications can command
  • Whether the skills and qualifications are readily available in the United States.

It should be noted that knowledge of a foreign language and culture does not, by itself, meet this requirement. 

D&A recently obtained an E-2 Treaty Employee for a UK national to occupy a General Manager position of an E-2 company engaged in selling gold coins and bars through its user-friendly online platform. The company builds on the expertise of its highly successful affiliate in London, which operates in the same industry. The E-2 Company specializes in the sales of LBMA (London Bullion Market Association) approved gold and silver bars and coins to both national and international clients. 

The E-2 investment was made by a UK entity that is owned by a UK national who does not wish to enter the US on an E-2 Treaty Investor visa.

To find out more about the E-2 Treaty Investor Visa, click here.

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.

USCIS Streamlines Social Security Process for Green Card

USCIS Streamlines Social Security Process for those Adjusting Status to a Green Card

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Applicants filing an adjusting of status for their US permanent residency will no longer need to apply separately for a Social Security number or a replacement card. This seemingly small victory marks a big win over unnecessary bureaucracy in the immigration system.

Under the current system, an applicant would need to go separately to a Social Security office to apply for their Social Security number (SSN) or a new card. Under the new system, announced by the United States Citizenship & Immigration Services (USCIS) yesterday, the I-485 Form will be revised to include questions pertinent to the Social Security Administration.

Form I-485 is the Application to Register Permanent Residency or Adjust Status. For our firm, it is most popularly used for EB-5 Investor Visa applications who are already in the United States and seeking to switch to another visa. Common examples include H-1B Visa to EB-5 Visa for highly skilled workers looking to remain in the United States for longer than the six years permitted by the H-1B visa. Adjusting Status to EB-5 is also a popular option for E-2 Treaty Investor Visa holders seeking to reside in the United States permanently.

Under the new streamlined approach, the USCIS will automatically transfer your answers to the Social Security Administration, which will trigger them to issue a Social Security Number or new card without needing to visit and line up at a Social Security office.

The particular change may only impact a niche set of clients, but points towards a positive development in the immigration system – better collaboration between government departments to the benefit of the public.

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.

Special Consideration for UK E-2 treaty Investor Visa Applicants

Special Considerations for E2 Treaty Investor Visa Applicants from the United Kingdom

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Did you know the United Kingdom holds the oldest E-2 Treaty with the United States of any country in the world. It dates back more than 200 years and highlights how the USA E2 Visa transcends the ever-changing political winds in Washington.

Yet, unlike other countries, Britain’s E-2 Treaty contains a quirk – applicants must be an “inhabitant” of the British Isles. This is taken to mean that you should be permanent residents of the UK and domicile there in order to obtain E-2 Treaty Investor Visa status. The same is also true for its sister visa, the E-1 Treaty Trader.

What this means is that a UK E-2 applicant who currently resides outside the United Kingdom, no longer retains a residence there, or spends long portions outside the country may find that their applications are rejected.

That contrasts with other E-2 countries. Take, for example, Grenada, an island nation in the Caribbean with an E-2 Treaty with the United States. Our firm has helped clients obtain citizenship by investment of Grenada and then proceed to obtain a US E-2 Treaty Investor Visa. This route is mostly popular with people who do not come from countries with an E-2 Treaty with the US – India, Russia, China and Vietnam are examples of this.

To obtain and maintain Grenadian citizenship you never need to visit or be physically present in the country. We do recommend that anyone seeking an E-2 Visa from Grenada visit the island and establish a connection to the island, but you do not need to offer proof of residency in the same way as the UK.

That said, the E-2 is a non-immigrant visa and you must prove an intention to depart the US eventually – regardless of where you apply from. Of course, the E-2 visa can be renewed forever provided the underlying business continues to operate successfully. You can also transition to a Green Card under the Direct EB-5 visa route or the EB-1c Visa route. But the intention to depart must be clear when you are applying for a visa.

In this regard, the E-2 Visa contrasts with the L-1 Visa, which has so-called “Dual Intent”. For, while the L-1 Visa is a non-immigrant visa, you do not need to prove that you intend to depart and can actively seek a Green Card (the EB-1c is the usual route for most L-1a Visa holders).

Acceptable Evidence of UK Residency

  • If the applicant is employed in the UK, photocopy of the most recent payslip to show that Tax and Natonal Insurance is being paid in the UK
  • At least 3 months of statement/record of payment of local utilities such as gas, water, electric, local council taxes
  • At least 3 months of lease or mortgage payment
  • Bank statements for a current account reflecting local direct debit charges or transactions in the last three months
  • Signing onto the Electoral Register – not essential but we recommend this.

Non acceptable proof of UK residency:

  • A copy of a U.K. Driver’s license or any information regarding the ownership of a car
  • TV license
  • Cell phone bill
  • Rewards/sports club cards for supermarkets/departments, etc
  • NHS, Doctor or Dentist information
  • Letters from friends or relatives

As ever, the best course of action is just to speak with our team. Our network of talented immigration lawyers across the United States, supported by our team in London, can offer guidance on the credibility of your UK E-2 application and discuss alternative solutions if needed.

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 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.

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.