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Our company is thinking about hiring a TN visa applicant. What requirements would hiring a TN visa applicant place on our company, if any? ImmigrationTN Visa

Our company is thinking about hiring a TN visa applicant. What requirements would hiring a TN visa applicant place on our company, if any?

What are the obligations placed on the TN employer? The Trade National, or “TN,” visa is an excellent option for Canadian or Mexican nationals in specific occupations to temporarily work for an employer in the United States. The visa is…
December 8, 2020
Can I operate 2 different businesses on one E-2 visa? Do I have to apply for 2 different E-2 visas if I want to operate 2 businesses? E-2 VisaImmigrationInvestor Visas

Can I operate 2 different businesses on one E-2 visa? Do I have to apply for 2 different E-2 visas if I want to operate 2 businesses?

An E-2 visa is a great option if you want to start a business in the U.S., you have invested a substantial amount of money in the U.S. or you are in the processing of investing the money, and you plan to…
December 8, 2020
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District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure H-1B and E-3 VisaImmigration

District Court of California ruled that the DOL and DHS promulgated regulations affecting H-1B workers without proper notice and comment procedure

In October 2020, the U.S. government promulgated two rules that would affect the H-1B visa program: one was proposed by the Department of Labor (“DOL”) and the second one was proposed by the Department of Homeland Security (“DHS”). The Department…
December 3, 2020
How can an E-2 investor applicant who does not plan to hire employees for at least one year satisfy the “develop and direct” requirement? E-2 VisaImmigrationInvestor Visas

How can an E-2 investor applicant who does not plan to hire employees for at least one year satisfy the “develop and direct” requirement?

I filed an E-2 investor visa petition with USCIS and received a Request for Evidence asking that I demonstrate that I will “develop and direct” the business. I won’t be hiring employees for at least a year after starting the…
December 1, 2020
I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa? E-2 VisaImmigrationInvestor Visas

I want to come to the U.S. to set up an E-2 business. Should I enter on a B-1 or B-2 visa? Can I change status in the U.S. if I entered on a B-2 visa?

If you want to come to the U.S. and explore E-2 investment opportunities, you should enter as a B-1 business visitor (either on a B-1 visaor as anESTA business visitor). Exploring investment opportunities is an activity that is specifically allowed…
December 1, 2020
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My B extension of status petition has been pending for almost 6 months. Can I stay in the U.S. as long as the petition is pending or do I have to leave the U.S.? Immigration

My B extension of status petition has been pending for almost 6 months. Can I stay in the U.S. as long as the petition is pending or do I have to leave the U.S.?

B-1 visa classification is available to foreign nationals who desire to enter the U.S. for short-term business activities. For B-1 purposes, engaging in business generally means business activities other than performance of skilled and unskilled labor that are a necessary…
November 24, 2020
I want to extend my E-2 visa with USCIS and realized my passport is expired. Do I have to have a valid passport when applying for an extension of status with USCIS? Do I have to have a valid passport even if I don’t plan to travel outside the U.S.? E-2 VisaImmigrationInvestor Visas

I want to extend my E-2 visa with USCIS and realized my passport is expired. Do I have to have a valid passport when applying for an extension of status with USCIS? Do I have to have a valid passport even if I don’t plan to travel outside the U.S.?

Example You entered the U.S. on a B-1 visa back in 2014 and in 2014 you filed a change of status petition with USCIS and you changed your status from B-1 to E-2. Since 2014, you have not left the…
November 20, 2020
DC Court of Appeals Upholds Landmark Decision to Apply Unsecured Loans as Investment Capital EB-5 VisaImmigrationInvestor Visas

DC Court of Appeals Upholds Landmark Decision to Apply Unsecured Loans as Investment Capital

The DC Circuit Court has ruled that EB-5 investors can use proceeds from unsecured loan for their investment capital. Zhang v. USCIS is a November 2018 Class Action Lawsuit that challenged USCIS’ denials of EB-5 investment petitions that had investment funds…
November 18, 2020
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Can I apply for the National Interest Exception if I have ESTA or do I have to have a valid B-1 visa? COVID-19

Can I apply for the National Interest Exception if I have ESTA or do I have to have a valid B-1 visa?

In July 2020, the Department of State announced that certain business and student travelers coming from Schengen countries or the U.K. (such as B-1 business visitors), treaty traders, or treaty investors may apply for a  National Interest Exception (“NIE”). The NIE allows such…
November 18, 2020
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What impact will the Biden/Harris administration have on the extraordinary ability visa/green card? What changes did the Trump administration make with regards to the O-1 visa and Eb-1A green card? Extraordinary AbilityImmigrationWhite House & President Immigration News

What impact will the Biden/Harris administration have on the extraordinary ability visa/green card? What changes did the Trump administration make with regards to the O-1 visa and Eb-1A green card?

The O-1A visa is for individuals with an extraordinary ability in the sciences, education, business, or athletics and is set aside for people who have risen to the top of their profession.  Additionally, these persons must be coming temporarily to…
November 17, 2020
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