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USCIS Issues Policy Memo on Satisfying the L‑1 One-Year Foreign Employment Requirement

USCIS issued a policy memo that clarifies the requirement that the qualifying organization employ the principal L‑1 beneficiary abroad for one continuous year out of the three years before the time of petition filing.

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?

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