For investors and entrepreneurs considering whether to apply for an E-2 investor visa, understanding the rules and regulations governing the source of funds may be challenging, and establishing a clear source of the E-2 investment funds is a key determination of any successful E-2 case. In this post, we willRead More
If I have H-1B status through a cap-exempt employer, can I apply for a concurrent H-1B with a cap-subject employer?
The H-1B is a non-immigrant status that permits companies to hire workers in specialty occupations. While the H-1B is a good option for many individuals seeking employment in the United States, the ability to obtain one depends partly on luck as there is a limit to the number of H-1BRead More
Rules for an L-1A visa for a new office. How do I prove my U.S. company will be doing business in the United States if the company has not started operations yet?
The L-1A visa allows companies abroad to transfer employees who have been working for them in managerial, executive or specialized knowledge roles for at least one consecutive year out of the past three years to the United States to work in a managerial or executive role at a U.S. company.Read More
Is my Purchase Sale Agreement E-2 Compliant? Why some Purchase Sale Agreements Fail to Comply with E-2 Regulations. Do I Need an Escrow Agreement for an E-2 Visa? Purchase Sale Agreements and E-2 Compliance.
Many of our E-2 clients choose to purchase an established business as their E-2 investment. The purchase of an established business comes with significant benefits, such as an established revenue base and book of business, and the business does not have to be started from scratch. While the purchase ofRead More
What is an I-94? The I-94 is the Arrival/Departure Record Card that the United States government uses to keep track of the arrivals and departures of foreign nationals. The only people who do not receive I-94s when entering the United States are U.S. citizens, green card holders, and the majorityRead More
Effective December 23, 2016, U.S. Citizenship and Immigration Services (USCIS) has updated many immigration application forms with corresponding increases in filing fees. We have included below a list of the commonly used forms that were recently updated. For a list of all updated USCIS forms, click here. Note that USCISRead More
Intent is an important concept in immigration law. Under the law, most foreign nationals coming to the United States are presumed to be immigrants (meaning there is a presumption that they want to move to the U.S. permanently) and they must demonstrate that they have a residence in their homeRead More
Asylum is a humanitarian immigration benefit intended to protect people from persecution if returned to their country of nationality. For more information on asylum and other forms of humanitarian relief, please click here. Asylum is a complicated area of immigration law and statistics show that you are much more likelyRead More
Can I Include Intellectual Property as an E-2 Visa Expense? Is IP a valid E-2 Visa Expenses? How do I Value my IP so that I Can Include it as an E-2 Visa Investment?
One E-2 visa requirement is that the investor must invest a certain amount of money in the United States. The government does not specific the exact amount that has to be spent but instead the amount depends on the type of business, the cost to get the business up andRead More
Do You Need to Stay in the US for a Specified Period of Time to Set Up a Business Venture? How do I Start a Business Venture in the United States before Applying for an E-2 Visa?
For many foreign nationals seeking to start or purchase a new business in the United States, the E-2 Investor Visa may be the best option. The E-2 Visa permits the Investor to reside in the US for a potentially unlimited period of time, may require a relatively small investment amount,Read More
What is HR 158? Are there restrictions for some dual nationals for entering the U.S. in the Visa Waiver Program?
The Visa Waiver Program (VWP) enables citizens from a number of countries to enter the United States for periods of three months without having to first obtain a tourist visa. Please click here for more information on the VWP and the list of participating countries. In December 2015, a billRead More
When an investor or foreign company wants to start operations in the United States they can select between three possible investor visas including an E-2 Visa, an L-1 Visa and an EB-5 visa. The eligibility requirements for each of these visas differ and you can find out more about eachRead More
Breaking News: EB-5 Immigrant Investor Program Extended by Congress through April 28, 2017 via Continuing Resolution Legislation
Congress extended the EB-5 Immigrant Investor Program allowing the visa program to run in its current format until April 28, 2017 as part of the Continuing Resolution legislation, which is a stopgap measure to keep the government operating. The Senate approved the measure via a 63-36 vote on Friday, withRead More
What does it mean that a company needs a qualifying relationship to sponsor an L1A visa? What is a “qualifying relationship” in the context of an L-1 visa?
An L-1 visa is a great visa for an employee or owner of a company abroad who wants to transfer to a U.S. office or open an office in the United States. For these visa applications there are always two work sites involved (although not always two legal entities), asRead More
Starting a business brings up many questions; some fundamental questions include what type of business entity to choose, where you want to start your business and how to go about incorporating or registering your business. Every state has its own requirements for what must be included in an initial businessRead More
Can I apply for an E-2 visa with minimal startup costs? If I am starting a consulting firm with almost no overhead to startup, why do I need to make expenses now for an E-2 Visa?
One common question from entrepreneurs applying for an E-2 visa is how much money needs to be invested in the Company. The answer to this question depends on a number of variables, including the type of business, what the startup costs are, and how much it costs to start thatRead More
If I am a dual citizen, what nationality can I use when applying for an E-2 visa? If I am already in the U.S. and am a dual citizen, which nationality can I use to change to E-2 status?
In order to be eligible for an E-2 visa, an applicant must be a national of a country that has an E-2 treaty with the United States. A full list of countries can be viewed by clicking here. If I am a dual citizen, what nationality can I use whenRead More
Nos complace anunciar que Jose G. Rivera, Esq. se unirá a Scott Legal P.C. como un asociado en nuestra oficina de Nueva York el 15 de Noviembre de 2016. El Sr. Rivera se centrará principalmente en el derecho de negocios y las visas de inversionista. El Sr. Rivera obtuvo suRead More
Can I volunteer while on an E2 visa? What types of volunteer activities are acceptable? Does volunteering ever count as work?
An E-2 Visa is a great visa option for an individual who wants to start a business in the U.S. The full set of E-2 visa requirements can be found by clicking here. The E-2 visa permits the visa holder to work specifically for the E-2 company only, although there isRead More
How will a Trump Win Impact my E-2 Visa? Will the E-2 Visa Program be Eliminated under Trump? Can I still get an E-2 Visa with Trump as President?
On November 8th, Donald Trump surprised the world and won the U.S. election. Since the election, we have received numerous questions from our E-2 visa clients and prospective clients as they are concerned that the E-2 visa program may be in jeopardy. An E-2 visa is a visa that allowsRead More
We are pleased to announce that Jose G. Rivera, Esq. will join Scott Legal P.C. as a full-time associate in our New York office on November 15, 2016. Mr. Rivera will focus primarily on business law and investor visas. Mr. Rivera earned his juris doctorate from New York Law SchoolRead More
How Will a Trump Presidency Impact Immigration Law? What Will Happen to My Visa now that Trump has been Elected? Will I be Deported now that Trump Won?
Last week I would never have thought that I would be writing an article on how a Trump Presidency could impact immigration but here we are. We have received a flood of calls from the public and our clients asking how a Trump presidency will impact them and understandably manyRead More
What are my Rights and Responsibilities as a Green Card Holder? How do I Maintain my Permanent Residence?
A “green card” or permanent resident card is a document that shows a that a person can stay in the U.S. and work here in almost any capacity. One is eligible to apply for permanent residence/green card through certain family relationships, a job offer or employment that meets certain criteria,Read More
Do I have to Hire Full-Time Employees to get an E-2 Visa? Can I Hire Independent Contractors and get an E-2 Visa? Can I Hire Part-Time Employees and get an E-2 Visa? Can I Hire an Intern and Get an E-2 Visa? Do I have to Hire U.S. Workers to Get an E-2 Visa?
An E-2 visa is a good visa for someone who wants to start or purchase a business in the United States. The applicant must be from one of the treaty countries, must invest money in the business, and must also ultimately hire U.S. workers. A full set of the E-2Read More
Are you thinking about applying for a visa? If so, you might want to consider filing your application quickly to save some money as USCIS is going to raise filing fees. In some cases, the increase in fees is almost 200% and on average filing fees will increase by 21%.Read More