Davies & Associates is pleased to share another approval of an L-1A Visa petition, this time for an Armenian national. The beneficiary is the second executive to be transferred to the the US company from the Armenia firm.
We initially secured approval of the L-1 Visa new office petition for its CEO and now we have secured approval of the petition for the second beneficiary who will assume the position of Vice President for Customer Success.
The L-1A Visa is a non-immigrant category for multi-national managers and executives who are transferring to the existing or newly established US office of their foreign company. The visa is valid for up to seven years, during which time it is possible to apply for US permanent residency (Green Card) under the EB-1c Visa route.
The client’s foreign company is based in Yerevan, Armenia and it is involved in data center and telecommunications industries. It has developed an intent-based lifecycle management platform for open networking. The US company is a subsidiary of the foreign company. The subsidiary was set up in the US to replicate the foreign company’s success in the US and have access to a bigger market.
Prior to the approval of this second petition, we also had the CEO’s L-1A status extended. The extension petition and the petition for the second executive of the US company were both approved without a “Request for Evidence” RFE).
He is interested in pursuing EB-1C Visa, which is a Green Card option for International Executives & Managers.
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.
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.
Life in America is returning to something resembling normality following a successful roll out of Covid-19 vaccines. However, disruption continues at the border with travelers from Europe (Schengen area), the UK, Ireland, China, India, Iran, Brazil and South Africa still banned unless you can obtain a National Interest Exception (NIE).
While restrictions may soon lift on the UK and Europe, the entry restrictions on the other countries show not sign of abating in the short term. Consequently, the State Department has extended the validity of NIEs to twelve months, permitting multiple entry to the US, so long as they are used for the purpose for which they are granted.
National Interest Exceptions permit travel to the United States, despite border restrictions. As the name suggests, you must be able to prove that your visit is in the US national interest.
Acceptable definitions of national interest include:
This issue only affects people coming from certain countries who are not permitted entry to the United States based upon high levels (current or historic) of Covid-19. As the pandemic evolves, new countries may be added to this list, whilst others may be removed. The countries as of today (July 8th) are:
China,
Iran,
Brazil,
South Africa,
the Schengen Area (Europe),
the United Kingdom,
Ireland,
India
Contact us to discuss how this affects you. Do not arrange travel to the US if you are either in or planning to visit any of the countries on the list above.
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.
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.
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.
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.
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.
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.
Davies & Associates obtained an EB2 National Interest Waiver (NIW) approval for an Organizational/Industrial Psychologist from South Africa. The client had initially wanted another visa, but our immigration attorneys proposed NIW as the better route.
Our client is a highly experienced and inherently talented Organizational/Industrial Psychologist with an advanced degree in Organizational/Industrial Psychology and extensive experience in her field.
Industrial & Organizational Psychology
Industrial and organizational psychology (“I/O psychology”), which is also known as occupational psychology, is an applied practice within the multi-discipline and esoteric field of psychology. It is the science of human behavior relating to work and applies psychological theories and principles to organizations and individuals in their place of work as well as the individual’s work life in a more general manner. I/O psychologists are trained in the science-practitioner model. They contribute to an organization’s success by improving the performance, motivation, job satisfaction, and occupational safety and health as well as to the overall health and well-being of its employees. An I/O psychologist conducts research on employees’ behaviors and attitudes, and how they can be improved through hiring practices, training programs, feedback, and management systems.
How did we obtain the NIW?
D&A successfully presented the client’s outstanding body of work in the field and demonstrated how she meets the rigorous criteria for NIW classification. Although the jobs that qualify for a National Interest Waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability and whose employment in the United States would greatly benefit the nation.
Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Work.
What is the National Interest Waiver (NIW)?
The NIW (National Interest Waiver) is the third subcategory of the second-preference employment-based visa category (EB2 visa). Employment-based visas – anything with the prefix “EB” – are immigrant visas in that they offer permanent residency / Green Card.
In the NIW category, an applicant can request that labor certification be waived because it is in the US national interest to do so (the other EB-2 categories require labor certification). People working in any industry could apply for NIW, but the applicant should be able to demonstrate their role is in the national interest. This makes it especially popular for people in science and healthcare.
Other EB2 Visa Subcategories
The two other subcategories for EB-2 are “Advanced Degree” – anyone with an advanced degree plus at least five years of credible work experience – and “Exceptional Ability”. This is for people who have exceptional ability in the arts, sciences, or business. In this regard it is similar to the EB-1A category for people with extraordinary ability and the EB-1C category for international managers and executives. Unlike the NIW subcategory, these two subcategories do require labor certification.
The client initially approached Davies & Associates with another visa category in mind and our team was able to recommend the EB-2 route instead. This highlights the importance of engaging with an immigration attorney early in the process. Our team offers an initial free consultation to prospective clients as part of this determination process.
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.
The U.S. Department of State’s January Visa bulletin shows very little change since our previous analysis. In the EB-5 immigrant investor visa category, only China and Vietnam continue to face delays. There has been no movement in the priority dates for EB-5 applicants born in China and only very slight progress for Vietnam with a revised Final Action Date of September 15, 2017.
India continues to remain “current”, meaning Indian EB-5 applicants are still no longer subject to retrogression delays. Yet, this could change. Our firm is seeing a recovery in demand following the initial “sticker shock” of the increased EB-5 investment amounts in November 2019.
Understanding Priority Dates
The date referred to in the visa bulletin is a “priority date”. This is the date that the US Citizenship and Immigration Services receives your initial EB-5 petition (form I-526).
If your country of birth is not listed in the visa bulletin or it is listed with a “C” next to it (meaning current), this means there is no waiting list for people born in your country and your application can proceed immediately.
If there is a date next to the country in which you were born, you will need to wait until your priority date becomes current. That means waiting until your priority date is before the date listed in the visa bulletin.
So this month, for EB-5 we only saw very slight movement in the Final Action Date associated with Vietnam. It moved from September 1, 2017 in the December 2020 visa bulletin to September 15, 2017 in the most recent one. This means there is expected to be a visa available to any EB-5 investor from Vietnam with a priority date in this two week window.
Final Action Date vs Dates for Filing
The visa bulletin has two tables associated with EB-5 and other employment-based visa categories. This is because they are signalling two different things to applicants.
One relates to “Final Action Dates”, which is when there is expected to be a visa available to people born in that particular country. The other table is the “Date for Filing”, which is when you can submit a visa application to the National Visa Center, even though there might not yet be a visa available. For applicants already inside the US making an “Adjustment of Status” (AOS), this may have implications for your rights to work.
The Date for Filing remains current for all countries except China. The Date for Filing for China-born applicants has not moved this month.
Final Action Dates Table
Note: EB-5 is – as the name suggests – the fifth of five employment-based immigrant visa category
Date for FilingTable
Understanding Waiting Lists
The reason some countries are subject to a waiting list is because these employment-based immigrant visa categories are subject to an annual per-country quota. In terms of EB-5 this is just over 700 visas per country per year, determined by a person’s citizenship at birth rather than any subsequent changes to citizenship.
When demand exceeds supply, countries are subject to a waiting list. Priority dates can sometimes cause confusion, especially as they can move backwards as well as forwards. This happens partly because it can be difficult to predict the exact number of people in the queue and much relies on a series of assumptions based upon past averages.
The number of applications is not equal to the number of visas / Green Cards. A single EB-5 visa application can cover not just the applicant, but a spouse, and children under the age of 21 – which means multiple visas are required for the one application.
Furthermore, it is difficult to know exactly how many people ahead of you in the queue would be denied or required to provide further evidence (RfE).
One of the main reason for a denial or demands for more evidence is poorly documented Source of Funds. To avoid this happening, it is vital to select a reputable law firm who has a strong track record in this area. Here at Davies & Associates we have never had a client rejected because of a Source of Funds issue.
Other Employment-Based Categories
For the EB-3 visa category for highly-skilled workers, every country is current except for India and China. The EB-3, which is essentially the long-term immigrant counterpart to the H-1B visa, is inevitably very popular in India. The waiting list for Indian applicants is very long and only moved forward one week from March 15, 2010 to March 22, 2010. China moved forward six weeks from November 1, 2017 to December 15, 2020.
For the EB-1 visa category for extraordinary talent, researchers, and managers & executives, again India and China are the only country in retrogression. One of the reasons these two countries appears so often in this analysis is that the annual quotas do not take account of population size and are not determined on a per capita basis. China and India have the world’s largest populations as well as a long tradition of immigration to the United States.
The Final Action Dates are the same for both countries at September 1, 2019, having both moved forward by the same five month period since the last visa bulletin.
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.
Davies & Associates has filed yet another adjustment of status for an L-1 USA visa client to transition to a Green Card on an EB1C Visa. The client, whose business specializes in satellite solutions for remote communications, initially moved to the United States on an L-1 Visa in 2017.
Back then, he established a US branch of his Australian company so that he could then transfer himself on an L-1 visa. With our teams of corporate and immigration lawyers working together, Davies & Associates is able to help with both setting up a company and then with obtaining the necessary visas.
The L-1 Visa is for the intracompany transfer of employees from an overseas branch to the US branch of the same business. It is typically used by employees of large multinational organizations, seeking to move their employees around the world.
But Davies & Associates specializes in “new office L1 visas”, whereby a client can set up a US branch of their foreign company and then move to the United States to manage that branch.
The foreign entity and the US office need to have a “qualifying relationship”, a term that has a degree of latitude. It is important to discuss what this means with one of our attorneys.
The L-1 Visa allows for the transfer of a management or executive level employee, as well as an employee with specialized knowledge (the latter being eligible for a L-1B visa).
L-1 Visa holders can bring their dependant families with them, and spouses are able to apply to work in the United States outside of the underlying business.
L-1 is a time limited visa. It can be renewed for up to seven years (five years for L-1B). It does not offer permanent residency, so people seeking to stay in the US longer, need to find an alternative solution.
This is precisely what we did for our Australian L-1 client when he wanted to transition to a Green Card.
The optimal route to the a Green Card for an L-1 Visa client is the EB1C Visa. It is an immigrant visa for management and executive level employees.
But timing is important. For beneficiaries of EB1C petition who are currently in the US, they must have been employed by the qualifying entity abroad for at least one year in the three years preceding the date that they entered the US as nonimmigrant working for the US entity.
Since our Australian client obtained his L-1 Visa in 2017, the window of opportunity was starting to close on his eligibility for the EB1C visa. The adjustment of status was filed in good time and the adjustment of status can begin.
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.
The Final Action Date for Vietnam crept forward two weeks to August 15, 2017, while China remained unchanged at August, 15 2015. The Final Action Date refers to whether there is expected to be a visa available within a quota system (or visas – plural – depending upon how many family members are included in the application).
The date in question here is the priority date. This is the date that the US Citizenship and Immigration Services received your initial EB-5 petition (I-526).
Visa availability is determined by a country quota. As with all the employment-based immigrant visa categories, no country is permitted more than 7 percent of the total visas available in any given year (approximately 10,000 for EB-5).
In the case of EB-5 that is just over 700 visas, determined by the primary applicant’s country of birth.
Visa Bulletin Final Action Dates for Employment-Based Categories
The visa bulletin also includes a Date for Filing. This refers to when you can submit your visa application to the National Visa Center, even though there might not yet be a visa available. For applicants outside the US, this additional date provides some extra notice to prepare the application documentation. For applicants inside the US adjusting their status, they may be able to apply for a work permit based on the Date for Filing.
Most countries have current filing dates, with the sole exception of China, which has a Date for Filing four months sooner than its Final Action Date.
Visa Bulletin Date for Filing for Employment-Based Categories
The EB-5 program provides the opportunity to obtain Green Cards for a $900,000 investment in a Targeted Employment Area (TEA) in the United States. The investment must sustain ten American jobs. Outside of these TEAs, the required investment is $1.8 million. A single application can cover the primary applicant, a spouse, and any children under the age of 21.
EB-3 Visas – Permanent Residency for Skilled Workers
China and India remain in visa retrogression in the EB-3 visa category for highly-skilled workers. The EB-3 visa is similar to the H-1B visa which is especially popular in India. However, as an immigrant visa, the EB-3 offers permanent residency whereas the H-1B visa does not. H-1B is renewable up to a limit of six years, after which the holder needs to explore alternatives like EB-3 and EB-5, or leave the country.
The Date for Filing is significantly more recent than the Final Action Date for Indians in particular. This time gap has implications for certain applicants’ ability to work in the United States. This relates to people already in the US seeking adjustment of status. If you are in this position, we advise you to speak with one of our attorneys.
EB-1 Visas
Similarly, people born in India and China are the only two groups facing delays in the EB-1 visa category. The EB1-A visa targets individuals with extraordinary abilities in their field, the EB1-B visa targets academics, and the EB-1C visa is for multinational managers and executives.
People faced with retrogression in these categories should contact us. There are non-immigrant counterparts that are not subject to quotas and could provide a pathway to these immigrant (permanent residency) categories at a later stage. The EB1-C, for example is similar to the non-immigrant L-1 visa, and the EB1-A is similar to the non-immigrant O-1 visa.
Non-immigrant status has advantages to people who do not wish to obtain permanent residency. For example, US permanent residents are liable for tax on income earned outside the US. This does not apply to non-immigrant visas. People seeking permanent residency are encouraged to arrange a consultation with our tax attorney as early in the process as possible.
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.
