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July 23, 2012 by Rebecca Esmi

E-2 U.S. Treaty Investor visa program – a program full of promise

Friendship, Commerce, Navigation, and Bilateral Investment treaties between sovereignties have delivered mutual commercial benefit for centuries. These days, a foreign national investor (FNI) can also use such a treaty to obtain a visa in the U.S. There are two separate visa programs provided by international treaties with the U.S.:  The E-1 Treaty Trader and E-2 Treaty Investor visas.

A proper exploration of these visa options begins with a survey of whether the FNI’s country and the U.S. have a qualifying treaty or treaties in place.  Bahrain and the U.S., for example, have only an E-2 Treaty Investor-enabling Treaty.  In contrast, Canada and the U.S. have treaties that support both E-1 Treaty Trader as well as E-2 Treaty Investor programs.

This post focuses on the E-2 Treaty Investor visa program.   FNIs should not be daunted by the challenging application packet.  Remember:   the would-be investor is in the enviable position of strength, having amassed a sizable investment.   And, the investor has done his/her due diligence and located a for-profit enterprise seeking and warranting the investment.

Nevertheless, the final lap of the race requires some stamina as numerous application requirements must be met.  These include:

1.  Capital investment must be under the investor’s control, it must be put at risk, and it must be a done deal — or imminently so.

2.  Capital investment must be substantial – but no bright-line rule.

3.  The for-profit U.S. enterprise must be real and active – bona fide.

4.  The would-be investor, if an employee, must be an executive, manager, or supervisor.

This list is not exhaustive but illustrates the complexity of the application process. Also noteworthy is that fact that U.S. embassies often have specific requirements on supporting evidence and its format. Thus, for all the reasons cited above, it is wise to consult an immigration attorney prior to proceeding. See 22 CFR 41.51(c)(2); 9 FAM 41.51.

Filed Under: All About Immigration for Investors and Others, Business, International Tagged With: business lawyer, capital investment, E-2, immigration attorney, immigration lawyer, Investor Visa, legal advice for business, Treaty Investor, U.S. immigration, venture capital

July 23, 2012 by Rebecca Esmi

Hot off the presses: USCIS adds new Chief of Immigrant Investor Programs and new office

Hot off the presses here with late-breaking immigration news:  A new office has been created to oversee the EB-5 Immigrant Investor program.  Alejandro N. Mayorkas, Director of USCIS,  described the new program office.  It will be led by an as-yet to be filled Chief of Immigrant Investor Program, with several attorneys added to staff, and also a special Review Board expected by month-end comprised of two officers and one economist.  Perhaps the most exciting part of this change is that applicants for regional centers will have the opportunity to clear up potential issues prior to denial.

This exciting change is tacit acknowledgement that the investor visa programs are very desirable to the U.S., ostensibly from the double-whammy benefits of job creation and influx of capital from foreign investors.

For more about the job posting for the Chief of Immigrant Investor Program position, click here:

http://www.usajobs.gov/GetJob/ViewDetails/321010400

 

Filed Under: All About Immigration for Investors and Others, Business, International Tagged With: breaking immigration news, dedicated EB-5 program office, EB-5, immigration, immigration attorney, immigration law, investor, Iran, Iranian, job creation

July 23, 2012 by Rebecca Esmi

L-visa holders: new U.S. DOS ruling affects visa issuance period

Earlier this year, the U.S. Department of State (DOS) issued a new ruling that allows the visa issuance period to correspond to that set in reciprocity schedules. The DOS maintains these records, which may be accessed at: http://travel.state.gov/visa/fees/fees_3272.html.

The first line of inquiry for any specific L-visa holder or applicant will be, quite logically, the duration set in the DOS reciprocity schedule. If it is, the next question is whether the country issues visas for a period greater than 3 years. If the answer is yes, then the L-visa holder will benefit by having less frequent applications for visa reissues. Nevertheless, the visa holder should provide his or her immigration attorney with a copy of each I-94 entry card, in the event there is a mismatch between the DOS and Customers & Border Patrol (CBP) expirations.

Filed Under: All About Immigration for Investors and Others, Business Tagged With: CPB, DOS, immigration attorney, immigration lawer, L-visa, reciprocity, visa expiration

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