Obtaining a green card through investment isn’t as easy as some might hope, and recent events will only make it more difficult. Earlier this year the news of a Vermont EB-5 project having misappropriated investor funds hit the media circuit. That State’s Department of Professional Regulation and its Attorney General’s office filed its amended complaint on June 15, 2016, which document sets forth a number of allegations, including the program’s managers’ direct misappropriation of investor funds for their personal enrichment.  You can find the complete complaint here if you want to review all the gritty details.

For over a decade, the immigration service has become increasingly selective about which L1 visas it approves, particularly when it comes to the L1B specialized knowledge category, but also for the L1A visa category in certain areas.  An important memoranda was signed by the director of USCIS in 2012 relating to the L1B issue, that your attorney will likely want to consult on this point, called Interpretation of the Term “Specialized Knowledge” in the Adjudication of L-1B Petitions. The content below will go over the L1 visa process as well as tell you how to avoid some common problems along the way.

Those companies that are eligible to file blanket L-1 visa petitions will want to opt for this methodology, as it will completely avoid the lengthy approval process with the immigration service typically required prior to the actual visa request with the foreign national’s local consulate or embassy, thus allowing employees to essentially show up at those offices, and with proper documentation on hand, receive their L-1 visa.  This blanket status is habitually approved for three years but can subsequently be granted an extension for an essentially indefinite term.  Because this process is so very accommodating to the business that serves as a qualifying organization under the blanket petition, there are several strict requirements that must be met in order to allow for this benefit’s provision.

Apenas estarás recuperándote del dolor de cabeza que las noticias de la semana pasada te dieron sobre la situación migratoria de este país.  O puede ser que ya estas tan agobiado con la situación general de la política en los Estados Unidos que es simplemente otro gran punto negativo dentro de lo que parece ser una lista infinita de lo que ya te provocó tanto estrés que te pones un escudo mental frente a ella para no pensar en el tema de la política ni de migración.  Pues la verdad es que si hay bastante en nuestro ambiente actual para causar hasta nausea.  En este articulo espero poder dar por lo menos un poco de orientación legal sobre como manejar estos mares turbulentos con el máximo cuidado y la mayor salud mental posible dada las circunstancias. 

The L-1 visa rules may seem straightforward, but with high rates of denials—forty-one percent in one subset, alone—it is very important that you and your experienced immigration attorney carefully craft your application based upon the letter of the law and the practical goings on that are internal to the immigration service.  Because there are unique requirements for both the L-1A and the L-1B visa categories, we will discuss each of them in turn.  There also exist separate sub-categories of L visas for opening a new business and for “blanket” L visa petitions whose visa rules we will review in a subsequent blog post.  None of these tips are a substitute for an individualized assessment by your immigration lawyer as every case involves a multitude of nuances.

It may seem obvious to you which entrepreneur visa type is the right one for you when choosing between the E-1 or E-2 visa, because each category seems to have a clear-cut set of must haves.  However, there might be more nuanced reasons why you would choose one over the other that typically won’t be part of the generic E1 vs. E-2 requirements lists.  The purpose of this blog post is thus to give you a sense of a few of the myriad additional considerations that may exist in order to help you think about this proves in a fuller manner. 

Precisely because the E-2 visa is so widely used, the E-1 is often ignored when it indeed could be a better option for you as an individual or for your business.  Below you will find a comprehensive list of what generally the consulates and embassies, or USCIS (if you are currently in the U.S.) will require of you when you apply for the E-1 visa.  Please note that this list is not a substitute for a careful review of your documents by a competent, experienced immigration attorney.  Another important initial point is to recall is that the E-1 visa can apply to an individual, such as a business consultant, not just to a business comprised of several employees.

There are many ways that you might be able to obtain lawful permanent resident status in going from your E-2 visa to a green card.  This process is a matter of being creative and working closely with your immigration attorney to discern the pathway that is best suited to your circumstances.  In this blog I will mention three of the many pathways that might be a proper method for you to turn your E-2 visa into a green card, meaning something much more permanent than the E-2 non-immigrant visa.

The most challenging requirements for obtaining an E-2 investor visa can be overcome with a little creativity and by working closely with your immigration counsel, who can usually help guide you over the humps if you can present constructive facts to work with.  Below I list for you not only the challenging E-2 visa requirements but also some tips regarding how to overcome them.

Okay, so you have a business plan and have some money.  Now, you want to bring your business to the United States.  This article will tell you two of the most basic and readily available options that may work for you to expand your business to the U.S. as quickly as possible.