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Want an E-2? Here are some issues? Want an E-2 Visa? Look at these issues.

Question: I want to open up my own company. Can you you let me know some specifics. For example, I have a friend from Iran. Can he get an E1 or E2? As for E-2’s, Iranians can apply for E-2’s anywhere.

Question: Are there any restrictions where the money comes from for the investment?

Answer: Normally, not. However, keep in mind that there are two\ Russian Banks under US Sanctions. Thus, \make sure money does not come from these banks.

Question: What percentage of ownership do I need to have in the company?

Answer: Make sure there is at least a 50% ownership by treaty countries. It is even better if there is a 51% ownership.

Question: What if I renounce my nationality?

Answer: If the principal owner renounces nationality, then the E-2 is gone.

Question: What is there is a merger or acquisition?

Answer: Sometimes merges and acquisitions changes the 50% ownership. If this is the case, then there will no longer be E-2 qualification.

Question: What about employees I need from my home country?

Answer: For employees coming over, you need to still  make sure that the main investor gets an E2.  The E-2 specialized knowledge employee will differ with the particular Consulate. Some require 2 years actual experience. The consular officer might say that he or she will give just 2 years and that an American is needed afterwards.

Question: What about my spouse and children in my home country?

Answer: An E-2 change of status for you which is approved, will NOT allow E-2 derivatives to get a  visa at the consulate. Rather, you need to consulate process with your E-2.

Question: How long will I get?

Answer: E-2’s always are now given for 2 years in US., even if the  visa is issued for 5 years. However, you can go out 1 week before expiration of visa, and come back with 2 year stamp.

Question: Will the amount of the investment differ?

California Crops Rot as Immigration Crackdown Creates Farmworker Shortage

Fortune reports that a shortage of migrant workers is resulting in lost crops in California, triggering losses of more than $13 million in two California counties alone. Farmers say they’re having trouble hiring enough people to work during harvest season, causing some crops to rot before they can be picked. The ongoing battle about U.S. immigration policies is blamed for the shortage. The vast majority of California’s farm workers are foreign born, with many coming from Mexico through the acquisition of an H-2A visa. However, recent research indicates that more Mexican nationals are exiting the United States than entering.

Court Upholds $305K Penalty Against Employer Who Violated INA §274A

Where the ALJ had found the employer petitioner liable for 504 violations of INA §274A, which requires employers to verify that their employees are legally authorized to work in the United States, and had assessed a total penalty of $305,050, the Ninth Circuit granted the petition for review as to one violation, because the charge was untimely under the statute of limitations. The court denied the petition as to the other 503 violations, concluding that the petitioner was not entitled to good faith defenses, and also denied the petition as to the ALJ’s summary determination of the penalty amount, concluding that the petitioner’s ability to pay was not a material issue of fact that would preclude such determination.

Immigration Raids Are Sweeping Up More People Who Weren’t Targets

TIME reports that undocumented immigrants are being swept up in immigration raids targeting their friends, neighbors, and coworkers. Under the Trump administration’s new enforcement priorities, ICE is instructed to detain and deport anyone who is in the country illegally, which means even so-called “non-targets” are ending up in custody after a raid.

ACLU and Center for Gender and Refugee Studies Reach FOIA Settlement Agreement with ICE

The ACLU and the Center for Gender and Refugee Studies reached a settlementagreement with ICE in a suit brought regarding delays in the production of information requested via FOIA on ICE’s detention of asylum seekers who are found to have a credible fear of persecution. Among other things, ICE agreed to provide an informal description of the documents withheld in their entirety and written justification for such withholding.

CNN: Trump Immigration Plan to Cost 4.6 Million Jobs, Ivy League Study Finds

CNN reports that a new study published by the University of Pennsylvania’s Wharton School found that the Reforming American Immigration for Strong Employment (RAISE) Act, would result in 4.6 million lost jobs by the year 2040. It also found that the U.S. economy would be two percent smaller than it would be under the current immigration policy during that time

Question: What if I know somebody in question is not married, but still being beaten by her husband and has escaped to the U.S. Can she apply for this kind of asylum?

Answer: In this case, there is actually an unpublished case that allows this to go forward. However, even without this case, it is possible. You will have to define the social group differently. In this case, I can see some group similarly referencing women that are being beaten, but are in ‘common law’ marriages and/or who have kids that have suffered, etc.

Question: What if my country has laws against domestic violence? Will I not be able to apply?

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