
Our Services Include:
E-2 Visa Application Assistance
Eligibility Assessment: We evaluate your qualifications to ensure you meet the E-2 visa requirements, including nationality, investment size, and business viability.
Business Selection and Structuring: Guidance on choosing or establishing a business that aligns with E-2 visa criteria, including entity formation and operational setup.
Investment Documentation: Detailed support in documenting the source and path of your investment funds to meet U.S. immigration standards.
Comprehensive Business Plan: Development of a professional business plan that demonstrates the business's potential to generate significant income and create U.S. jobs.
Application Preparation and Submission: Assistance in completing all necessary forms, gathering required documentation, and submitting your application to the appropriate U.S. consulate or USCIS.
Interview Preparation: Coaching to help you confidently present your case during the visa interview, with mock sessions and tips on addressing common questions.
EB-5 Investment Consultation
Eligibility Review: We assess your background and financial situation to ensure you meet the requirements for the EB-5 visa, including minimum investment amounts and job creation criteria.
Regional Center vs. Direct Investment Guidance: We help you decide between investing through an EB-5 Regional Center or making a direct investment, based on your goals and preferences.
Project Selection and Due Diligence: Assistance in identifying and evaluating EB-5 investment projects, conducting thorough due diligence to ensure compliance with USCIS regulations and financial viability.
Source of Funds Documentation: Guidance on preparing comprehensive documentation to prove the lawful source and path of your investment funds, a critical part of the EB-5 application process.
Application Preparation and Filing: Complete support in preparing Form I-526 (Immigrant Petition by Alien Investor), gathering necessary documents, and submitting the application to USCIS.
Post-Approval Support: Ongoing assistance after your petition is approved, including support with the conditional permanent residency process (Form I-829) to remove conditions on your Green Card.
Legal and Compliance Advisory: Collaboration with immigration attorneys to ensure your investment complies with all legal and regulatory requirements.
Business Plan Development
Tailored Business Plans: Creation of customized business plans that meet the specific requirements of E-2 and EB-5 visa applications, highlighting key elements like job creation, revenue projections, and operational strategies.
Market Analysis: In-depth research and analysis of industry trends, target markets, and competitive landscapes to strengthen the credibility and feasibility of your business plan.
Financial Projections: Preparation of detailed financial forecasts, including profit and loss statements, cash flow projections, and balance sheets that align with USCIS expectations.
Operational Strategy: Comprehensive outline of your business model, including management structure, marketing strategies, and growth plans to demonstrate long-term sustainability.
USCIS Compliance: Ensuring that all business plans are fully compliant with USCIS regulations and include the necessary details to support visa approval.
Ongoing Revisions and Updates: Providing continuous support to update and refine your business plan as needed throughout the visa application process.
Legal and Compliance Support
Regulatory Compliance: Ensuring your business operations and investment structures meet all U.S. immigration and federal regulations, including SEC and USCIS requirements.
Document Review and Legal Filings: Comprehensive review of legal documents, contracts, and filings to identify and mitigate potential legal risks.
Risk Assessment and Mitigation: Identifying potential compliance risks and providing strategies to address and mitigate these risks proactively.
Corporate Governance Advisory: Advising on best practices for corporate governance, ensuring your business structure aligns with both immigration and business laws.
Liaison with Legal Experts: Coordinating with experienced immigration attorneys and legal experts to provide specialized legal opinions and representation when needed.
Ongoing Compliance Monitoring: Continuous monitoring and advisory to ensure your business remains compliant with evolving U.S. laws and regulations throughout the visa process and beyond.
Ongoing Client Support and Advisory
Continuous Immigration Advisory: Regular updates on changes to U.S. immigration policies and regulations that may impact your visa status or future applications.
Business Performance Monitoring: Ongoing evaluation of your business performance to ensure it meets the requirements of your visa status, including job creation and revenue benchmarks.
Renewal and Extension Assistance: Support with visa renewals, extensions, and adjustments of status, including preparation of necessary documentation and legal filings.
Strategic Growth Advisory: Guidance on expanding your business operations in the U.S., including market entry strategies, partnership development, and scaling opportunities.
Crisis Management Support: Rapid response advisory for any legal, compliance, or business challenges that may arise, ensuring swift resolution to protect your immigration status.
Personalized Client Care: Dedicated account managers to provide personalized support, answer questions, and assist with any immigration-related concerns you may have.
Family Based Immigration
Family-based immigration in the United States allows U.S. citizens and lawful permanent residents (green card holders) to sponsor their relatives for immigration to the U.S. This system prioritizes family reunification, enabling individuals to live and work in the U.S. alongside their family members.
Overview of family-based immigration:
Categories of Family-Based Immigration
Immediate Relatives of U.S. Citizens:
Spouses of U.S. citizens.
Unmarried children under 21 of U.S. citizens.
Parents of U.S. citizens (if the U.S. citizen is 21 years or older).
Immediate relatives are not subject to annual caps on visas, meaning they can typically immigrate faster.
Family Preference System: This system applies to other relatives of U.S. citizens and lawful permanent residents, and it is subject to annual caps. The categories include:
First Preference (F1): Unmarried sons and daughters (21 and older) of U.S. citizens.
Second Preference (F2): Spouses and unmarried children (under 21) of lawful permanent residents. This is divided into two subcategories:
F2A: Spouses and minor children.
F2B: Unmarried children (21 and older).
Third Preference (F3): Married sons and daughters of U.S. citizens.
Fourth Preference (F4): Brothers and sisters of U.S. citizens (only if the U.S. citizen is 21 or older).
Process of Family-Based Immigration
Filing a Petition:
A U.S. citizen or lawful permanent resident must file a petition (Form I-130) with U.S. Citizenship and Immigration Services (USCIS) for their family member.
Approval and Waiting Period:
After approval of the petition, the family member may need to wait for a visa number to become available. Immediate relatives don’t have to wait, but other categories, especially in the family preference system, may experience long wait times.
Consular Processing or Adjustment of Status:
If the family member is outside the U.S., they will apply for a visa at a U.S. embassy or consulate in their home country. This is called consular processing.
If the family member is already in the U.S., they may be able to apply for adjustment of status to become a permanent resident without leaving the country.
Challenges in Family-Based Immigration
Backlogs:
There are often significant waiting periods, particularly for family preference categories, as there are caps on the number of visas issued each year. Some relatives, like siblings of U.S. citizens, may face wait times of decades.
Fraud Prevention:
U.S. authorities are cautious about fraudulent marriages or relationships, which can result in delays or denials.
Legal Limitations:
Certain individuals may be ineligible for family-based immigration due to prior immigration violations, criminal history, or other factors.
Increased Scrutiny:
Family petitions are increasingly subject to heightened scrutiny and security checks, especially in recent years, leading to longer processing times.
Benefits of Family-Based Immigration
Reuniting families: The system is designed to help U.S. citizens and lawful permanent residents bring close family members to live with them, fostering family unity.
Contributing to the economy: Immigrants often bring economic benefits through work and taxes, enhancing U.S. society.
Cultural diversity: Family-based immigration brings people from diverse cultural backgrounds, enriching American society.
Recent Developments and Controversies
Family-based immigration has been a subject of political debate. Some argue for reform, advocating for a more merit-based system, while others emphasize the importance of maintaining family reunification as a central pillar of U.S. immigration policy. Additionally, some proposed immigration reforms aim to reduce family-based categories, which could impact the number of family members able to immigrate.
Overall, family-based immigration remains a vital pathway for individuals seeking to reunite with relatives and build a future in the United States.
Employment Based Immigration
U.S. employment-based immigration refers to the process through which foreign nationals can enter the United States to work. This process typically involves securing a job offer from a U.S. employer, who then sponsors the applicant for a visa or green card. The U.S. immigration system has several employment-based visa categories, each designed to address specific types of workers and needs.
Here’s an overview of the primary employment-based immigration pathways:
1. Employment-Based Visas
These are temporary visas that allow foreign workers to live and work in the U.S. for a set period. Some common employment-based visa categories include:
H-1B Visa (Specialty Occupations): The most well-known employment-based visa for professionals with a bachelor’s degree or higher in a specific field. It is often used for tech, engineering, and healthcare professionals.
L-1 Visa (Intra-company Transfers): For employees of multinational companies who are transferred to a U.S. branch, subsidiary, or affiliate of the same company. L-1A is for executives and managers, while L-1B is for employees with specialized knowledge.
O-1 Visa (Individuals with Extraordinary Ability): For individuals who have demonstrated extraordinary skills in their field, such as in arts, science, business, education, or athletics.
TN Visa (NAFTA Professionals): Available to Canadian and Mexican professionals under the United States-Mexico-Canada Agreement (USMCA). It allows certain professionals (e.g., engineers, accountants) to work in the U.S.
E-2 Visa (Treaty Investors): For foreign nationals from countries that have treaties with the U.S., allowing them to invest in and manage a U.S. business.
H-2A and H-2B Visas (Temporary Workers): The H-2A visa is for temporary agricultural workers, while the H-2B visa is for non-agricultural temporary workers in industries like hospitality, construction, and landscaping.
2. Employment-Based Green Cards (Permanent Residency)
Employment-based green cards allow foreign nationals to live and work permanently in the U.S. These are generally granted through the following preference categories:
EB-1 (Priority Workers): For individuals with extraordinary abilities in their field (similar to the O-1 visa), outstanding professors or researchers, or multinational executives and managers. This category does not require a labor certification.
EB-2 (Advanced Degree Professionals): For professionals with advanced degrees or exceptional abilities in the sciences, arts, or business. Applicants may also self-petition under the National Interest Waiver (NIW) if their work benefits the U.S. significantly.
EB-3 (Skilled Workers, Professionals, and Other Workers): For individuals with at least two years of training or experience, professionals with a U.S. bachelor’s degree, or unskilled workers. This category generally requires a labor certification, proving that no qualified U.S. workers are available for the position.
EB-4 (Special Immigrants): This category is for religious workers, certain employees of U.S. government agencies, and other specific groups.
EB-5 (Immigrant Investors): For foreign nationals who invest a minimum of $1 million (or $500,000 in a targeted employment area) in a U.S. business and create or preserve at least 10 full-time jobs for U.S. workers.
3. Labor Certification (PERM)
For many employment-based green card categories (primarily EB-2 and EB-3), the employer must go through the PERM Labor Certification process. This ensures that there are no qualified U.S. workers available to fill the job, which means hiring a foreign worker will not adversely affect U.S. workers' wages and working conditions. The process involves:
Advertising the job to ensure no qualified U.S. workers are available.
Submitting a labor certification request to the U.S. Department of Labor (DOL).
Once the labor certification is approved, the employer can submit a green card petition to the U.S. Citizenship and Immigration Services (USCIS).
4. Priority Dates and Visa Bulletin
Employment-based green card applicants are subject to numerical limits, and applicants from countries with high demand (such as India and China) may face long waits due to the annual cap on visas. The Visa Bulletin, published by the U.S. Department of State, shows the availability of green cards in each category by priority date. This is the date when the labor certification or I-140 petition was filed.
5. Pathway to Permanent Residency
Many individuals start on a temporary visa, such as the H-1B, and later transition to permanent residency through an employment-based green card. The transition process can involve:
Adjustment of Status (AOS): If the individual is in the U.S., they can file for AOS to change their status from a temporary visa to a green card holder.
Consular Processing: If the individual is outside the U.S., they must go through consular processing at a U.S. embassy or consulate in their home country.
6. Challenges and Trends
H-1B Cap and Lottery: The H-1B visa is subject to an annual cap (currently 85,000 new H-1B visas are issued each year). If demand exceeds the cap, the U.S. government holds a lottery.
Long Wait Times: Certain countries, especially India and China, have backlogs for employment-based green cards, leading to extended wait times (sometimes several years).
Policy Changes: U.S. immigration policies can change, affecting employment-based immigration. Changes in rules and procedures, as well as political decisions, can create uncertainty for employers and workers alike.
Conclusion
U.S. employment-based immigration offers many opportunities for skilled workers, but the process can be complex and competitive. Foreign workers and employers must navigate a system that includes temporary work visas, permanent residency options, and sometimes long waiting periods due to visa backlogs. Understanding the different visa types, the labor certification process, and the importance of priority dates is essential for those looking to work in the U.S. on an employment-based basis.