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Revision to Reciprocity Schedule for E Visas for French Citizens

Effective August 29, 2019, the reciprocity schedule for France will be revised for both E‑1 and E‑2 visas. According to the U.S. Embassy in Paris, this change is being made on a reciprocal basis commensurate with the treatment by the government of France afforded to U.S. citizens applying for similar visas.

Another win for the Law Offices of Brian D. Lerner POST WEDNESDAY

After having his E-2 visa application denied by the Consulate in Canada, our client retained us to file a new application and a few months later, his application was approved, allowing him to enter the U.S. as the owner of two day-care centers in Florida.

Another Win for the Law Offices of Brian D. Lerner

E-2 granted for Client, her husband and children, based on investment in the United States in an entertainment concert staging and equipment services company.

USCIS Announces that Certain New Zealand Nationals Are Now Eligible for E-1 and E-2 Nonimmigrant Classifications

USCIS announced that starting yesterday, June 10, 2019, certain New Zealand nationals can request a change of status to the E‑1 nonimmigrant trader classification and the E‑2 nonimmigrant investor classification under Public Law 115-226.

USCIS Announces Israeli Nationals Eligible for Treaty Investor Visas

USCIS announced that beginning May 1, 2019, certain Israeli nationals who are lawfully present in the United States will be able to request a change of status to the E‑2 treaty investor classification.

What if I have money to invest in my own business, but not from a ‘Treaty Country’ to get the E-2? Not from a Treaty Country? Try the L-1 and then the Multinational Visa Petition.

Question: I wanted to start my own business in the U.S. and in fact have sufficient money. However, I was told that I am not able to do so because I am not a citizen of a ‘treaty country’. Is there anything else I can do?

Answer: Yes, you can try the L-1A which actually requires considerably less money. You will have to either have your own company, or start a company in your home country.

Question: What is the L-1A?

Answer: The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. The L-1A intra-company transferee classification applies to qualified executives and managers within multinational companies. These individuals can be transferred from their foreign employer to work for up to seven years in the United States for an appropriately affiliated U.S. company.

Question: What if I am not a manger? Is there another type of L-1?

Answer: Yes.  The L1B intracompany transferee classification applies to qualified specialized knowledge employees. Such individuals may be transferred from their foreign employer to work for up to five years in the U.S. for an appropriately affiliated U.S. company.

Question: What is the difference between the L-1A and the H-1?

Answer: Many employers in the United States routinely need temporary workers that are highly skilled. Therefore, there are various temporary work visas such as H1B and L1 (L1A and L1B) that allow the employers to hire foreign foreign workers.

Question: Can somebody on the L-1 apply later for the Green Card?

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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