Immigration Law

Immigration Law

Visas: Investment, Inter Company Transfer, Entertainment, Religious Visas, Spouse, J1 waiver
Lawful Permanent Residency (Green Card)
Family Based Immigration, Citizenship
Asylum and Refugee
Appeal

Business visa is for those foreign national who wish to establish business in the USA. It could be L1 visa or E2 visa. Both the visa has different criteria to obtain visa.

E2 Visa: It is a non-immigrant visa. E2 visa allows an individual from a treaty country to enter and work in the USA upon making ‘substantial’ investment in the business in the USA. An individual also must control the business in the USA and employ US citizens or Legal permanent resident in its business.

L1 Visa: The L-1 visa is a temporary, non-immigrant visa which allows qualified overseas companies to relocate foreign qualified employees to its U.S. parent, branch, affiliate, or subsidiary of that company. There are several different types of L1 visas. L-1A visa is specifically designed for intra-company executive or manager transferees. The L-1B visa is designed for intra-company transfers of employees with specialized knowledge.

There are specific requirements for L1 employer and employee. Our office can guide through the process.

Business-EB5

The EB-5 visa for Immigrant Investors is a United States Visa created by the Immigration Act of 1990
10,000 investor visas available annually, 5,000 are set aside for those who apply under a pilot program of USCIS designated “Regional Center”
Investment which will benefit US economy
Create or preserve 10 full time jobs for qualified US workers
You can live anywhere in the US, irrespective of where the investment is made
USA Permanent Residence Status for Entrepreneurs, Spouse, Children under 21 years
Citizenship after completion of 5 years of Permanent Residency

Three ways to invest:


Invest In New Commercial Enterprise

Invest or be in the process of investing at least $1,000,000.
For investment in a designated targeted employment area the minimum investment amount is $500,000
Benefit the U.S. economy & US Markets thru goods / services
Create full-time employment for at least 10 US workers

(US citizens, Green Card holders, lawful permanent residents, other individuals lawfully authorized to work in USA. It does not include you (the immigrant), or your spouse, sons or daughters)
Deal with day-to-day management of the new business

Invest In Troubled Business

Invest $1,000,000 or $5000,000 in a targeted employment area
Invest in a business that has existed for at least two years
Invest in a business that has incurred a net loss, for 12 to 24 month period
Loss must be at least equal to 20 percent of the business’s net worth before the loss
Maintain the number of jobs at least two years
Deal with day-to-day management of the troubled business

Invest In Regional Center Pilot Program

A Regional Center is any economic unit, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment

Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterprise or a troubled business located within the area of the USCIS designated Regional Center
Create at least 10 new full-time jobs either directly through the capital investment2
Invest in a business that has incurred a net loss, for 12 to 24 month period
Loss must be at least equal to 20 percent of the business’s net worth before the loss
Maintain the number of jobs at least two years
Deal with day-to-day management of the troubled business

Regional Center Investor Green Card – Fund Criteria

Investment must be in the name of the Visa Applicant
Multiple Investors invest in the same Target Business
Investor can be limited partner / minority stakeholder in Target Business
Investment Funds must have legal source like self owned funds, gifts, loans
Loans for investment funds cannot be secured against the US Investments or Target Business
Visa Applicant need not manage the day-to-day affairs of Target Business

Regional Center Investor Green Card – Eligibility Criteria

Approval of Form I-526 Petition
File an I-485 application to adjust status to lawful permanent resident if in the US , or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States
Consular Process
GREEN CARD issued

Conditional permanent residence for a two year period subject to medical, police, security and immigration history checks

Regional Center Investor Green Card – Procedure After Issuance Of Green Card

Enter USA within 180 days of visa issuance from US consulate
Establish residency in the United States – open bank account, driver’s license, social security number, etc.
Resident may work overseas if required based upon the nature of the business or profession
Investment must be held for a further two years
Satisfy and Deal with Conditions in Green Card
File Form I-829 Petition 90 days prior to end of two years of issue of the conditional Green Card
Approval and Issuance of a new Green Card without any further conditions attached
Immigrant can live and work permanently in USA

If any foreign national who is not an immigrant visa holder of the USA or does not have any other non-immigrant visa of the USA and wish to visit the United State, then must obtain first visitor visa. Visitor Visa can be B1 or B2 or both. B1 is for visit for a business purpose and B2 is for visit for a pleasure. It is a non-immigrant visa. Our office can guide through the process.

This is a non-immigrant visa. When any foreign national wish to work in the USA, then USA employer needs to sponsor a foreign national to work in its setup. There are several specific requirements for the employer and employee which one need to follow to obtain specific visa. There are different types of work visa like H1B, H2B etc. each requiring different criteria. Our office can guide through the process to obtain required visa.

Green card is an immigrant visa. It allows individual to stay and work in the USA legally. Green card can be obtained through different process like family based, employment based, or upon investment based.

Family based green card: Individual who is a US Citizen can apply for their family members for the green card. It is a lengthy process. Our office can guide through the process.

Employment based green card: Any US based employer can file for green card for foreign national as per their business requirements. There are specific requirements for such immigrant visa. It is a complex process. Our office can guide through the process.

Investment based green card: Any foreign national wish to obtain investment based visa then one need to invest $500,000 or $1000,000 in the US business. There are specific requirements to follow. It is a complex process and our office can guide through the process.

If any foreign national who is not an immigrant visa holder or does not have any other non-immigrant visa of the USA and wish to study in the United States, then must first obtain admission from any US university or school and then obtain visa from US Consulate or Embassy in their respective countries. Student visa can be F1 or M1 depending upon the course of study selected. It is a non-immigrant visa. There are several steps to obtain Student Visa and our office can guide through the process.