Can’t Afford a Green Card Just Yet? How to Obtain Permanent Residency by Transitioning From the E-2 Treaty Investor Visa to EB-5

by Jennifer A. Grady, Esq. and Anthony Mance, Esq.

American Visa (XL)The E-2 treaty investor visa can be a great way for a foreign entrepreneur to open a business and live and work in the United States legally. What’s more, it is relatively affordable in that it only requires a “substantial” capital investment in a bona fide U.S. enterprise (usually in the amount of $100,000 to $250,000). The investor must be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

The E-2 visa allows the status holder from a treaty country, and his or her family, to come to the United States to open and operate a personal business; the spouse and unmarried children under the age of 21 are able to attend school and work as dependents of the visa. Unfortunately, however, the E-2 treaty investor status does not offer a direct path to Permanent Residence. This means that unless the status holder, or the status holder’s immediate family, has a separate path to Permanent Residence, the visa holder and family will not be able to obtain Permanent Residence status, regardless of how long they maintain their E-2 status. This is further complicated by the fact that the E-2 status is temporary and must be regularly renewed with no guarantee of success.

Furthermore, because the E-2 visa is only available to member of treaty countries, it is not available to everyone. For example, citizens of mainland China, India, Russia, and Brazil are ineligible for the E-2 visa. Continue reading

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H-1B Cap Reached by April 7, 2015 for Fiscal Year 2016

American Visa (XL)by Jennifer Grady, Esq.

On April 7, 2105, USCIS announced that it reached the congressionally mandated H-1B cap for fiscal year (FY) 2016.  USCIS received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption, and more than the 65,000 “regular cap” limit for applicants without a Master’s Degree.  U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as engineering, science, and computer programming. 

In the meantime, USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally mandated FY 2016 H-1B cap. 

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