What you need to know about the E-2 Visa


One way to live and work in the United States is to apply for the E-2 Treaty Investor Visa. This type of visa allows a national of a treaty country to be admitted to the U.S. by investing a substantial amount of capital in a new business or in an existing business in the U.S., and willing to enter the U.S. to develop and direct this business.

In case you have dual citizenship, if one of your citizenships is from one of the countries with which the U.S. maintains a treaty of commerce, you can apply for the E-2 visa. The list of countries that maintain a treaty of commerce with the U.S. can be found here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/treaty.html. Read More

PATH TO CITIZENSHIP


Your lawful permanent residence is a path to U.S. Citizenship. Generally, you may be able to apply for naturalization after 5 years of permanent residence, or after 3 years, if you are married to and living with a U.S. Citizen. Besides that, there are some general requirements for naturalization: continuous residence and physical presence in the U.S.; live for at least 3 months in the state or USCIS district where you will apply for naturalization; be a person of good moral character; demonstrate a knowledge of the English language, U.S. history and government, and attachment to the U.S. Constitution. Read More

MAINTAINING PERMANENT RESIDENCE


Now that you have the privilege to be a Lawful Permanent Resident (LPR), you also have new rights, such as live permanently and work in the U.S., attend public school, apply to become a U.S. citizen once you are eligible, leave and return to the U.S. under some conditions, etc. On the other hand, you have some responsibilities, such as obey all laws, federal, state and local; pay federal, state, and local income taxes; register with the Selective Service System (SSS) if you are a male, between the ages of 18 and 26; carry proof of your immigration status; and report address changes to USCIS. Read More

How Will the New Public Charge Rules affect My Green Card Application?


On October, 10, 2018, the Department of Homeland Security (DHS) published a policy change related to the public charge issue under INA §212(a)(4). This new policy is now in its public comments period. After the 60 days commenting period, it will go into effect.

What is public charge?

Someone who is likely to become “dependent on the government” for their living expenses could be determined to be a “public charge.” The immigration officers will look if you have received public cash assistance (like SSI or TANF) or receiving government money for long-term care. Read More

L Visa and EB-1 for Intra-Company Managers and Executives


You might qualify for the L Visa if you are a manager or executive for a company in another country and worked for the company within the last three years for at least one year, and you are coming here to the US to work as a manager or executive for a parent, subsidiary, affiliate, or branch of the company that is in China or another foreign country. Read More

J-1 Visa: Foreign Residency Requirement, No Objection Statement (China) and Exceptional Hardship Waiver


We recently worked on a J-1 Visa case where the young lady came here from China on a J-1 Visa, married a U.S. Citizen, and is now seeking a waiver for her foreign residency requirement. The wonderful thing is that J-1 Visas are a good substitute for the overused H-1B, as long as the employer hires through a sponsoring organization. This topic is beyond the scope of this blog, but please contact us if you are interested in finding out how you can do this. Read More

Sponsoring Your Relative as an Employee: Importance of Good Faith Efforts in PERM Recruitment


Our immigration law firm represents many small business employers, many of whom, for many legitimate reasons prefer to hire their family members to assume important functions in their businesses. On October 21, 2016, BALCA released decisions on two cases dealing with PERM labor certification and audits for hiring relatives, Tyrrell Limited on behalf of Espino, Jose Miguel Tantoco and Johnman U.S.A., Inc. d/b/a Karoke Champ, on behalf of Kida, Takuya, with opposite rulings. Read More

Can Employers Sponsor Relatives For Employment-Based Immigration? Understanding The PERM Process Through A Recent Case.


The short answer to that question is yes. However, as shown by the recent case released by the Board of Alien Labor Certification Appeals (BALCA),Matter of Palm Café Restaurant,the answer is not that simple.  AILA Doc. No. 16061303 (June 7, 2016). In adjudicating the appeal of a denial of PERM labor certification, BALCA has determined what would be considered a “bona fide job opportunity” under the PERM process, regardless of the familial relationship between the employer and the employee. Read More

L-1A Intracompany Transfers: What is Managerial Capacity or Executive Capacity?


The L-1A petition allows U.S. employers to apply for non-immigrant temporary employment visas for those employees that have been serving in a managerial capacity or an executive capacity for at least one consecutive year within the last three years in a foreign branch, parent, subsidiary, or affiliated company.  These visas last only one year.  However, the employer may extend it in two-year increments for up to seven years.  Moreover, if the employer desires to hire the beneficiary as a permanent employee in the U.S.,  the employer may sponsor the employee for permanent residence through an EB-1 application.  EB-1 is an extensive process and will be covered in a separate posting. Read More