Understanding Immigration Law

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Deportation Defense

Deportation Defense

Investor & Intra Company Transfer Visas

There are a number of U.S. investor visas that Englett and Associates can assist clients in the United States and abroad in obtaining.
E-1 Visas, or Treaty Trader Visas, are issued for immigrants that wish to enter the United States to engage in a substantial trade between their home country and the U.S. This trade refers to an exchange of goods, services, money and/or technology.

E-2 Visas, or Treaty Investor Visas, allow immigrants to enter the U.S. in order to direct and develop a commercial enterprise or business they invested in, or are in the process of investing in. The U.S. must have a treaty of commerce with the home country of the immigrant, and the investment must be substantial. Spouses and unmarried children under 21 years of age of an E-2 Visa holder may enter and remain in the United States by applying for Employment Authorization utilizing a Form I-765, Application for Employment Authorization. Spouses and children of E-2 Visa holders may also attend school in the United States. Immigrants from the following countries are eligible to qualify for an E-2 Visa in the U.S.:

Albania, Argentina, Armenia, Austria, Bangladesh, Belgium, Bosnia, Bulgaria, Cameroon, Costa Rica, Canada, Colombia, Congo, Croatia, Czech Republic, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Germany, Grenada, Georgia, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Kazakhstan, Kyrgyzstan, Korea (South), Latvia, Liberia, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, Norway, Oman, Pakistan, Panama, Philippines, Poland, Romania, Senegal, Slovakia, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Taiwan, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, Ukraine, United Kingdom, Zaire.

EB-5 Petitions, the employment-based fifth preference category, was created to attract foreign capital to the United States. In order to qualify under the EB-5 category, foreign investors must:

Invest $1 million in either a new or existing U.S. business or commercial enterprise that will create at least 10 full-time U.S. jobs.
Invest $500,000 in a new or existing U.S. business or commercial enterprise that is in either a rural area, an area with a high unemployment rate, or by investing in a Regional Center.
Invest in a U.S. government designated Regional Center.
Prove that the investment will somehow benefit the U.S. economy.
L-1 Visa, or Intra Company Transfer Visas,are temporary visas for certain employees of foreign companies to obtain residency in the U.S. The L-1 Visa is a convenient way for transferring executives, managers and other specialized workers between affiliated companies. Typically, in order to qualify for an L-1 Visa, the petitioning foreign company must demonstrate that:

The Company and a U.S. entity have a qualified relationship. There are a number of ways to establish this relationship. The Company may open a branch office, incorporate a subsidiary or enter into a qualified joint venture in the U.S. The foreign Company must “control” the U.S. Company, which typically requires it to won at least 51% of the stock of the U.S. entity.
Within the three years preceding the petition, the prospective transferee must have worked continuously for the parent foreign employer for at least one year in either an executive, managerial or specialized knowledge employee capacity.
The employee intends to enter the U.S. to work for the affiliated U.S. Company in either an executive, managerial or specialized knowledge capacity. This means that the person must manage or direct other employees within the company structure or have specialized knowledge as an employee, and the U.S. Company must be ready to hire such employees on its payroll.
The employee is qualified to assume the executive, managerial or specialized knowledge capacity position in the U.S.
The foreign company must continue to conduct business while the transferee is in the U.S. (at least until permanent residency is secured).

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