Back ESTATE PLANNING Planning is the key to preserving your assets. We help clients design and implement strategies for the administration and disposition of assets during their life and in the event of incapacity or death. HOW WE CAN HELP YOU: Create an individual estate plan to preserve your assets for you and your loved ones Apply for Medicaid and VA benefits to cover the costs of long-term care Navigate through the maze of government rules and regulations Contrary to popular belief, estate planning is more than just having a will. It is concerned with the disposition and administration of a person’s assets during his or her life and in the event of incapacity or death. It is intended to protect your assets not only during your life, but during the lives of your spouse, your children, and grandchildren. A good plan is multigenerational and ensures that everything you have worked for all your life is not wasted or lost after you pass. While end-of-life planning can be full of difficult and delicate choices, at Buschkin Law Firm, we help you navigate through the complexities of the process and ensure that the plan you have will actually work. You have worked hard all of your life for what you have. Let us work hard to protect it. We will ensure that your wishes are respected and your estate planning goals are met. Every client is unique and we take an individualized approach to developing an estate plan that is specific to you and your individual requirements. We will perform a thorough analysis of your health care, financial, and personal needs, as well as those of your spouse and children. We will ensure that your assets are properly allocated and your plan will work according to your wishes, because your family may still need your help even when you are no longer with them. We encourage you to consider estate planning early. Waiting too long, or until an emergency arises, may prevent you from having enough time to adequately safeguard your life’s work and preserve your legacy. With our estate planning services, you will have peace of mind knowing that everyone you hold dear is protected. When you visit us for your consultation, we ask that you bring a list of your assets as well as a list of names and addresses of any beneficiaries. You may also want to bring a list of questions so we can better assist you. We will walk you through the process of drafting your legal documents because each legal document has a particular purpose with limitations. Some legal documents we will recommend to you include: 01 Last Will and Testament 02 Trusts 03 Powers of Attorney 04 Health Surrogates 05 Living Wills COMMON QUESTIONS WHY DO I NEED ESTATE PLANNING? Estate planning, as with any other elder law service, is a complex matter to discuss with your family. It is, however, necessary to plan. A complete estate plan will explain your intentions as to your estate and your long-term care. Preparing your legal documents and discussing your intentions can remove enormous stress from your family. In the event of an emergency or long-term illness, your loved ones will be able to focus on their time with you. They will know what you want and need and will not question your intentions. WHEN TO REVIEW MY ESTATE PLAN? We recommend you review your estate plan periodically, especially if there has been a change of circumstances. Please consider the following most common reasons to review or modify an existing estate plan: Death of spouse, Marriage, remarriage, divorce. Changing your state of residence Birth or adoption of a child Serious illness of a family member Beneficiary develops, substance abuse symptoms or becomes financially irresponsible A substantial change in total assets value Changes in law. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back IMMIGRATION LAW SERVICES B1-Visa Temporary Business Visitor Read More EB1A - Visa Extraordinary Ability Read More E2 - Visa Treaty Investors Read More EB1C - Visa Multinational Manager or Executive Read More EB2 - Visa Advanced Degree or Exceptional Ability Read More EB5 - Visa Immigrant Investor Program Read More EB3 - Visa Employment-Based Immigration Read More H1B - Visa Specialty Occupations Read More J1- Visa Exchange Visitors Read More O-1 - Visa Individuals with Extraordinary Ability or Achievement Read More L1 - Visa Intracompany Transferee Read More Asylum & Refugee Persecuted in their country of origin Read More LCA Labor Condition Application Read More PERM Program Electronic Review Management Read More Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Compassionate Last Will and Testament Estate Planning Services We can help you draft a last will and testament that leaves you feeling confident and secure. WHO NEEDS A LAST WILL AND TESTAMENT? Anyone over 18 with personal assets should have a last will and testament. Moreover, anyone with loved ones should execute a will. Your testament details your wishes regarding young (minor) children, relatives, and pets under your care. It can even specify your funeral arrangements and service. WHY CREATE A WILL? A person drafts a last will and testament to state in writing, the persons or charities that will receive his or her assets after death. There are many reasons to create a last will and testament, but the most obvious is to ease the burden on family and friends after you pass away. Your last will and testament officially notify all parties of how you want your estate assets distributed and to whom. As the testator (the person drafting the will), you choose someone to oversee the estate after you are deceased, known as the executor. He or she is responsible for managing and disbursing your assets in accordance with your last will and testament and must act in the best interest of the estate when making decisions that affect those assets. Your last will and testament allows you to have the final say in these decisions. That’s why you need an experienced attorney to guide you through the drafting and execution of this critical document. With Buschkin Law Firm on your side, there will be no need to worry. We’ll help you draft a last will and testament that completely attests to your wishes. Alongside estate planning, we also focus on long-term care planning and probate/trust administration. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back GUARDIANSHIP It’s always best to be prepared. Make tough times easier on your family by setting up advance directives. In an emergency, assign your own guardian. When an individual no longer has the mental capacity to manage his or her financial affairs and property or to make personal decisions relating to health care and residence, guardianship may be necessary. A guardianship may also be necessary if there are concerns that someone is being financially exploited or physically abused. Guardianship is the legal process of petitioning the court to appoint a guardian to make decisions on behalf of the alleged incapacitated person (AIP). Once appointed, the guardian stands in the shoes of the individual and is in charge of making personal decisions for the individual and/or decisions about his/her property. The process begins with a court proceeding brought by a petitioner who may be concerned about an elderly relative, friend or neighbor who doesn't appear to be caring for himself or herself properly. The petitioner may want to be the guardian of the person they are concerned about, or the petitioner may want to have a professional guardian appointed. We’re committed to helping make the best choice by providing the compassion, care, and dedication you deserve. With a guardian, you can renounce worry and trust that someone is securing your well-being and wishes. Your loved ones can relax knowing that you’re safe. The court will also provide oversight to ensure your comfort. Having a strong support system always generates happiness, especially when you need help making decisions to enhance your quality of life. It also helps protect you from scammers and those who will try to neglect your rights. If you don’t choose a guardian or power of attorney in advance, the court will choose a reliable option for you, but it’s better to pick your own. It will ensure your independence for longer and give you the freedom to live the way you want. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Multinational Manager or Executive The EB-1C Visa targets management and executive level employees seeking permanent residency in the United States, also known as a Green Card. It is an excellent option for business leaders from around the world wishing to relocate with their family to the United States. Eligibility Your U.S. employer must file USCIS Form I-140, Petition for Alien Worker. As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. EMPLOYER REQUIREMENTS Must have a qualifying relationship with a foreign company. Must conduct business in the United States and in one other country. The business may be done directly or through a subsidiary. Must exist for at least one year in the United States. EMPLOYEE REQUIREMENTS Must have been employed outside the United States with the related foreign company for 1 year in the preceding 3 years. The employment must have been in a managerial or executive capacity. Must provide evidence that he/she is of managerial or executive capacity, for example: Manage a function or a department of the organization Supervise the work of others as well as hire and fire subordinates Be able to control the daily activities and salaries of employees Provide evidence that you have managerial or executive capacity: Be able to direct managers in your organization Make far-reaching decisions without substantial supervision Establish large-scale goals and policies DOCUMENTS REQUIRED Applicant: Evidence of permanent job offers from U.S. employers. Ability to conduct business in an executive or managerial capacity. Resume Diploma Confirmation documentation to verify the transfer Affirmation of applicant’s managerial or executive position. U.S. Employer Business License Incorporation documents Business plan Organization charts Accounting Reports (Audited Balance Sheet, Income Statement, Cast Flow) Description and letterhead of company business Pictures of main office, factories, and buildings (Outside and inside) Bank Statements Organization Structure Proof of business transactions Articles of incorporation Income taxes for the past 3 years Lease of business location Stock certificates Green Card Process STEP 1: YOUR U.S. EMPLOYER MUST FILE USCIS FORM I-140, PETITION FOR ALIEN WORKER As part of the application process, your employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Your employer may use an annual report, federal income tax return, or audited financial statement to demonstrate a continuing ability to pay your wage. STEP 2: OUTSIDE THE U.S. YOU WILL NEED TO GO THROUGH CONSULAR PROCESSING Make an appointment with the U.S. consulate or embassy in your home country and travel there for an interview with a consular officer. You will need to complete the DS-260 online immigrant visa application and bring the printed confirmation page to your interview. If the officer clears you, then you will be able to travel to the U.S. under legal permanent resident status. After a brief background check, the officer at the U.S. port of entry (border, seaport, or airport) will stamp your passport for entry. Your EB-1C green card will be mailed to you shortly. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back BUYING A FRANCHISE The terms and conditions of your franchise agreement (and all other relevant documents) will be reviewed with you. Some of the issues that should be considered include: The length of the agreement and whether or not renewal is allowed are both important considerations when choosing an exclusive territory license; Requirements (including deadlines) to open the franchise; Refundability (or not) of the franchise fee; The franchiser’s trademarks; Conditions surrounding the opening of your franchised unit; Restrictions on transfer; Default/termination provisions; Requirements to refurbish/renovate the location; Venue and choice of law provisions with respect to dispute resolution. We will provide you with a comprehensive analysis of our insights and conclusions, along with any necessary modifications to ensure your agreement meets the standards set by franchisers. We can also assist in negotiating these changes if purchasing an existing franchise business. We will review (or prepare) the purchase agreement and other necessary documents, negotiate the appropriate modifications and work with you through and after the closing. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Attorneys Who Will Fight For You Estamos orgullosos de servir a nuestros clientes en el área de la ciudad de Nueva York y Nueva Jersey, así como a muchos clientes en todo el mundo TRANSACCIONES INMOBILIARIAS LEY DE RESTAURANTES Y HOSPITALIDAD DERECHO COMERCIAL Y DE FRANQUICIAS QUIEBRA Y ALIVIO DE LA DEUDA LEY DE INMIGRACIÓN E INMIGRACIÓN DE NEGOCIOS LEY DE CUIDADO DE ANCIANOS Y PLANIFICACIÓN PATRIMONIAL Nuestra oficina legal se enfoca en las necesidades de nuestros clientes en las áreas de

Back MEDICAID PLANNING Long-term care can be financially devastating and deplete your life savings. We can help you create a plan that will allow you to stay in control of your life and protect your assets for the people you love. HOW WE CAN HELP YOU: Assist in obtaining government benefits to pay for skilled nursing and in-home care Protect your assets for yourself and your family Navigate through the maze of rules and regulations There are many misconceptions about Medicaid qualification and the “spend down” process. With proper planning, you don’t have to lose everything to a nursing home if you, your spouse, or your parent is in need of long-term care. At Buschkin Law Firm, we understand the difficulties our clients and their families are faced with at the time of a crisis, as well as the level of stress associated with it. Our narrow focus on Elder Law and Estate Planning allows us to develop a solution that alleviates the burden on a client and his or her family. By combining Estate Planning with end-of-life advocacy, our goal is to protect the elderly and disabled, the most vulnerable groups among us. Upon getting to know you and your family, your health care needs, your values, and your preferences, we will work together on developing an estate plan that is right for you and your loved ones. As such, we assist senior citizens and their families on matters related to Medicaid and VA qualifications, guardianships, special needs, and disability planning, and more. When a crisis happens, you need an experienced attorney who you can trust to help you navigate through the convoluted world of wills, trusts and estates, and related government regulations. We will be by your side to plan for the future and protect what is truly important to you. COMMON QUESTIONS WHAT IS MEDICAID PLANNING? Most people know Medicaid as the government medical assistance program for people under a certain income level. Where Medicare pays for doctors, hospitals, and prescriptions, it does not cover long-term nursing homes or in-home care for the elderly. Medicaid is a valuable tool that can be used to pay for a nursing home or in-home care if the person’s countable assets are below a certain amount. DO I NEED TO PLAN FOR MEDICAID NOW? Unfortunately, 2 out of 3 senior citizens will need long-term care at some point. Although no one wants to believe that they will need nursing home care, the reality is that many of us will. If you or a loved one is a senior citizen, it is important to visit an estate planning or elder law attorney who can help walk you through the estate planning process. Because Medicaid considers gifts and other transfers you make (including those made to trusts) within five years of the date you apply for Medicaid, it is important to begin Medicaid planning early, before you and your spouse are actually in need of long-term care. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back ESTATE &TRUST ADMINISTRATION We work with family members who have been appointed trustee, executor or personal representative of their loved one’s estate, as well as professional fiduciaries (corporate trustees and professional guardians) who serve in that capacity. HOW WE CAN HELP: Advise trustees on legal aspects of trust administration Ensure that distributions are carried out according to the wishes of the grantor Navigate through the maze of rules and regulations Our level of involvement is different depending on the case: while some clients need only minimal guidance on their duties and legal obligation as personal representatives and trustees, others desire additional engagement from their attorneys. We will accommodate both types of demands for services. TRUST ADMINISTRATION Trust administration refers to the trustees’ management of trust property according to the trust document’s terms and for the benefit of the beneficiaries after the settlor’s death. Many steps are required to safeguard effective administration. It is recommended to work with an attorney to help facilitate the process for the trustees throughout the process. ESTATE ADMINISTRATION Whenever a person dies, his or her estate needs to be collected and managed. Estate administration involves gathering the assets of the estate, paying the decedent's debts, and distributing the remaining assets. Without a basic understanding of the estate administration process, the whole experience can be pretty overwhelming. We advise trustees on legal issues related to trust administration. With our knowledge, we offer our clients the tools they need to make difficult decisions and fulfill their fiduciary obligations to the beneficiaries. Having a properly drafted and funded trust may help you avoid the stressful and complex probate process. But even when the courts are not involved in overseeing the administration of a trust, the trustee nevertheless has many of the same responsibilities as a representative in probate proceedings. The trustee has a duty to appropriately administer the trust, which includes notifying trust beneficiaries, collecting and investing trust assets, paying debts, and addressing tax issues. Fulfilling these requirements often takes significant time, effort, and knowledge of law. At Buschkin Law Firm, we understand that many trustees have little experience serving as a fiduciary. Our goal is to make this process as simple as possible. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back Franchise Disclosure Document (FDD) The disclosure document typically used to comply with the Rule is called a Franchise Disclosure Document (FDD), which contains categories of information about the franchise's operations such as: required fees basic investment bankruptcy and litigation history of the company how long the franchise will be in effect a financial statement of the franchisor, and earnings claims. Before you invest in any franchise you should: (a) Get a copy of the franchisor’s Franchise Disclosure Document (FDD) (b) Receive the document at least 14 days before you are asked to sign any contract or pay any money to the franchisor or an affiliate of the franchisor (c) Get a copy of the franchisor’s FDD before you spend any money to investigate the franchise offering The cover of the FDD must provide information about the available formats. Make sure you have a copy of the FDD in a format that is convenient for you and keep a copy for reference. Most important items in the Franchise Disclosure Document (FDD) The International Franchise Association considers the six sections of the Franchise Disclosure Document to be critical pieces of information to help you evaluate a potential franchise for purchase: Item 7: Costs. Some of these costs are averages or estimates and may vary in your area. Talk to other franchisees who have been in the system for a year or more to see: (a) How much money they needed in the beginning until they became profitable. (b) How much they were able to draw from the business to support themselves. Item 11: Franchisor's obligations. Be sure you understand the services you will get before you open: (a) site selection (b) training (c) development assistance Be sure you know what services you will receive for your grand opening (marketing, advertising, field support) and what services you will receive after you begin operating your business (training, advertising, operations) Pay particular attention to those services the franchisor is obligated to provide and the services they may provide. Item 17: Renewal, termination, transfer, and dispute resolution. Take your time to understand what rights you will have and what rights you are giving up. Pay particular attention to any non-compete provisions and your obligations when the franchise relationship ends. Item 19: Financial performance representations. (a) Only 30 to 40 percent of all franchisors provide prospective franchisees with information about financial performance. (b) The next best thing to do is to talk to existing franchisees about sales and earnings potential. Item 20: Outlets and franchisee information. (a) Examine how many units the franchisor has taken back and resold. (b) If this number is high, this could indicate churning (when the franchisor takes back failed locations and markets them over and over.) (c) Pay attention to the contact information of the franchisees who have left the system, These are people you definitely want to talk to. Item 21: Financial statements. (a) Financial statements are the track record of the franchisor. You should be given copies of the franchisor's last three years' financial statements. (b) Take them to an accountant who specializes in franchising to evaluate. (c) Remember that the financial condition of the franchisor not only affects its ability to run a financially successful operation in the future, but it also determines whether it may go under and you will be left "holding the bag." (d) The two key financial statements to focus on are the balance sheet and the income statement. Make sure they are audited. Item 22: Contracts. Make sure that all the agreements listed are attached to the FDD-and read every one of them. Steps to Register a Franchise Disclosure Document (FDD) Under the franchise laws, a franchisor must issue and properly disclose Franchise Disclosure Document (FDD) before offering or selling a franchise. At the federal level and, in many states, there is no requirement to register an FDD. In the 13 states referred to as the franchise registration states, a franchisor must first register its FDD with the state franchise regulator before offering or selling a franchise in the state, these states are: - California - Hawaii - Illinois - Indiana - Maryland - Michigan - Minnesota - New York - North Dakota - Rhode Island - Virginia - Washington - Wisconsin In the 9 states referred to as the franchise filing states, a franchisor must first file a notice with the designated state regulator before offering or selling a franchise within the state, these states are: - Connecticut - Florida - Kentucky - Nebraska - North Carolina - South Carolina - South Dakota - Texas - Utah THE STEPS INVOLVED IN REGISTERING YOUR FDD OR FILING YOUR FDD AT THE STATE LEVEL, INCLUDE: STEP 1. Identify the State(s) Involved in the Franchise Sale – First, determine the state(s) that are involved in your franchise sale. Factors that you should evaluate with your legal counsel include: (a) the state where the franchised business will be established; (b) the franchisee’s state of residence, (c) any state where franchise sales activities/negotiations occurred, and (d) the state from which your franchise company operates. STEP 2. Determine each States Franchise Registration and Filing Status – Determine the FDD registration and filing status of the state(s) involved in your franchise sale. STEP 3. Register / File your FDD – You must include with your application: (a) Copy of your FDD (b) Payment for the state’s registration fee. Once the application is received it will be reviewed by a state regulator. Below is a summary of the franchise registration states, the franchise filing states, the state regulators involved, how long FDD registration takes, and the application process. FRANCHISE REGISTRATION STATES - California: your FDD must be registered with the California Department of Corp orations: - Hawaii: your FDD must be registered with the Business Registration Division of the Department of Commerce and Consume r Affairs ; - Illinois: your FDD must be registered with the Franchise Bureau of the Illinois Attorn ey General ; - Indiana: your FDD must be registered with the Securities Division of the Indiana Secreta ry of State ; - Maryland: your FDD must be registered with the Maryland Atto rney General; - Michigan: you must file a notice and register with the Michigan Secre tary of State ; - Minnesota: your FDD must be registered with the Securities Division of the Minnesota Departme nt of Commerce ; - New York: your FDD must be registered with the New York A ttorney General ; - North Dakota: your FDD must be registered with the North Dakota Secur ities Department ; - Rhode Island: your FDD must be registered with the Rhode Island Department of Bu siness Regulation ; - Virginia: your FDD must be registered with Virginia Corp oration Commission ; - Washington: your FDD must be registered with the Securities Division of the Washington State Department of Fin ancial Institutions ; and - Wisconsin: your FDD must be registered with the Securities Division of the Wisconsin Department of Fi nancial Institutions . If your primary trademarks are not registered with the United States Patent and Trademark Office (the “USPTO”) then you must also register your FDD in: - Connecticut: your FDD must be registered with the Connecticut Department of Banking ; - North Carolina: your FDD must be registered with the North Carolina Secretary of Stat e ; - South Carolina: your FDD must be registered with the South Carolina Secretary of Sta te ; and - Maine: You must register as a business opportunity with Maine’s Office of Securit ies . FRANCHISE FILING STATES For franchisors that have a federally registered trademark: the franchise filing states are: - Florida: an annual franchise exemption must be filed with the Florida Department of Agriculture and Consumer Serv ices ; - South Dakota: an annual notice must be filed with the South Dakota Dept. of Labor & Regulation ; - Utah: an annual notice must be filed with the Utah Division of Consumer protection ; - Connecticut: a one-time exemption notice must be filed with the Connecticut Department of Banking ; - Kentucky: a one-time exemption notice must be filed with the Office of the Kentucky Attorney General ; - Nebraska: a one-time exemption notice must be filed with the Nebraska Department of Banking and Finance ; - North Carolina: a one-time exemption notice must be filed with the North Carolina Secretary of State ; - South Carolina: a one-time exemption notice should be filed with the South Carolina Secretary of State ; - Texas: a one-time exemption notice must be filed with the Texas Secretary of State . The additional Filing States if you do not have a federally registered trademark: - Georgia: a one-time filing of a Consent to Service of Process with the Georgia Secretary of Sta te . - Louisiana: a one-time filing of a Consent to Service of Process with the Louisiana Secretary of St ate . HOW LONG DOES FDD REGISTRATION TAKE? Timing varies from state to state and FDD registration can take anywhere from 20 days to three months depending on the completeness of your FDD and the time of year it is filed. UNIFORM FRANCHISE REGISTRATION APPLICATION There is variation among the states regarding certain disclosure requirements and supplements to the NASAA forms. Generally, your franchise registration application will include the following forms: - Uniform Franchise Registration Application page with data on the franchisor; - Certification page or “signature page”; - Consent to Service of Process; - Sales Agent Disclosure Form and the new Franchise Seller Disclosure Form; - Supplemental Information Form; - Copies of all advertising or promotional literature proposed to be used in the state; - Two paper copies of the disclosure document; - An auditors’ consent; and - Application fee. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US

Back E2 - Treaty Investors There are many ways to live and work in the U.S. However, the E-2 represents one of the few ways to build your own business as a foreign entrepreneur. The process of obtaining this visa is relatively uncomplicated compared to popular visas like the H-1B, but qualifying is a different story. Find out what you need to be eligible for the E-2 treaty investor visa. E-2 treaty investor visas are non-immigrant visas reserved for foreign entrepreneurs of countries that have a Treaty of Trade and Commerce with the U.S. Essentially what this visa does is enable the foreign investor to develop or carry out the investment/ trade activities of the business. Processing times and Period of Stay/Extension of Stay An E-2 visa is a very document-intensive petition. In addition to a number of government forms, the visa requires the submission of a binder full of documentation that is often quite lengthy. Once the documentation is prepared, the processing time depends on the processing time at the consulate that is located in the applicant’s country. This could range from 3 weeks to 3 months (or longer). Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay in, or changes of status to, E-2 classification may be granted in increments of up to two years each. There is no limit to the number of extensions an E-2 non-immigrant may be granted. All E-2 non-immigrants, however, must maintain an intention to depart the United States when their status expires or is terminated. An E-2 non-immigrant who travels abroad may generally be granted, if determined admissible by a U.S. Customs and Border Patrol Officer, an automatic two-year period of readmission when returning to the United States. Requirements & Eligibility YOU MUST BE A NATIONAL OF A TREATY COUNTRY Only available to people from the countries that the U.S. has a Treaty with. Many Western countries are on the list but there are also countries from Africa, Asia, and the Middle East on the list . YOU MUST HAVE INVESTED OR BE ACTIVELY IN THE PROCESS OF INVESTING IN THE ENTERPRISE In order to satisfy this part of the test, you must fulfil three requirements. Show Legitimate Possession and Control of the Funds Must invest funds that you have obtained by lawful means Must prove to the government that you either saved the money, were given the money as a gift, or legitimately earned the money To prove this you need tax returns, bank statements, investment accounts, and more All Funds Invested Must Be “At Risk” and Irrevocably Committed All of the assets invested must be personal assets subject to risk of loss Loans are fine but you must be on the hook if there is a loss and this requirement forces you to sign contracts and/or spend money prior to the approval of the Visa At-risk money does include credit card debt or other loans as long as those debts are not secured by business assets or in the name of a limited liability business You Must Be Close to Starting the Business The U.S. government does not want to approve Visas for people who “may” set up a business in the U.S. or who have a “desire” to start a business Must be at the start up ready phase Should have a signed lease Business bank account should be set up Should have a website Should have purchased whatever you need to get the business up and running YOU MUST BE IN A POSITION TO “DEVELOP & DIRECT” THE BUSINESS WITH SKILLS You must be the one that is going to direct and run the business Must have the appropriate skill set such that the government has faith that the business will be viable Educational background and experience should suggest that you will be in a position to make the business a success YOUR INVESTMENT MUST BE SUBSTANTIAL Investment could be as low as $15,000 or as high as millions Idle cash sitting in a business account is NOT considered an investment, but the government will consider a reasonable amount of working capital as part of an investment Make sure to keep records of all of your expenditures since the government will want to see them A substantial amount of capital is: Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial. A bona fide enterprise refers to a real, active, and operating commercial or entrepreneurial undertaking which produces services or goods for profit. It must meet applicable legal requirements for doing business within its jurisdiction. YOUR INVESTMENT & BUSINESS CANNOT BE MARGINAL Business cannot be set up so that it provides a means of living just for yourself and your family Put together a business plan that shows growth over a 5-year period or by showing that you plan to hire employees in the future. YOU MUST INTEND TO RETURN TO YOUR HOME COUNTRY AFTER EXPIRATION OF THE E-2 VISA Sign a document that indicates you plan to return home once your visa expires You do not have to show any ties to your home country Application Process There are two ways you can apply for an E-2 visa. These are described below. APPLYING FOR AN E-2 VISA WHILE IN THE U.S. (CHANGE OF STATUS) Step 1: While having another type of VISA, you can file a petition to change status to an E-2 visa with the United States Citizen and Immigration Services (USCIS). Step2: The I-129 form you must file is the same form filed for many other non-immigrant visas (e.g. H-1B), and you would also complete the E-2 visa supplement. Step 3: This petition is document-intensive, and you must provide documentation to support all of the elements outlined in the E-2 visa requirements. Change of status does NOT permit you to re-enter the country the way an E-2 visa would Step 4: E-2 status is typically granted for a 2-year period. if you have dependents on your visa that are also in the U.S. (e.g. H-4) and you want to change their status, you must also file a Form I-539 APPLYING FOR AN E-2 VISA AT A CONSULATE (AN E-2 VISA) Step 1: If you are outside of the U.S., you must file a DS-160, a long application that is completed online. You must also complete a DS-156E supplement. Step 2: The documentation that you must provide is generally the same as the documentation required to file within the U.S. with USCIS. The consulate may impose some additional, specific procedural requirements. Step 3: E-2 visas are typically granted for between 2 & 5 years, and you are permitted to leave and enter the U.S. whenever you like. If you have dependents, separate DS-160 applications must be completed for them. A FEW THINGS TO CONSIDER WHEN DECIDING If you have been granted a change of status and leave the U.S., you must qualify for an E-visa at a consulate before re-entering. You must reapply for the E-2 from scratch and submit all supporting documentation as if the application were a new one. If you are in E-2 status as a result of a change in status, this fact will not speed up your consular adjudication or otherwise expedite your E-visa application at a consulate. Consular E-visas can be issued for 5 years whereas USCIS will only issue E-2 status for 2 years. Note that this could be particularly relevant in light of the marginality requirement of the E-2 visa. Convert E-2 visa to Green Card While no US non-immigrant visa automatically leads to a Green Card some of the common options include: E-2 AND EB-5 INVESTOR VISA PROGRAM This strategy enables an E2 investor to move to the US immediately on their E2 visa but to have the option of leveraging their US business to obtain a “green card” over the longer-term. DIRECT EB-5 If your E-2 business becomes large enough and employs enough people, it may be eligible for a Direct EB-5 visa. The minimum investment amount is $900,000 and the required number of jobs is ten. You must carefully consider the location of your business because only investments in Targeted Employment Areas are eligible for the lower $900,000 investment amount. Outside of these areas, the requirement capital doubles to $1.8 million. REGIONAL CENTER EB-5 Tying E-2 business to the requirements of the EB-5 program can be commercially restrictive, many people who pursue a Green Card from E-2 through EB-5 prefer to invest with a Regional Center instead. For example, it can be a challenge to maintain headcount to meet the EB-5 rules. Failure to do so can put your Green Card at risk. E2 AND EB1(C) FOR THE INTERNATIONAL MANAGER OR EXECUTIVE You must be a business in your home country with a qualifying relationship to your US E-2 Business and have worked at the overseas company for at least one of the three years immediately prior to moving to the United States on your E-2 Visa. You must also demonstrate an “intent to depart” when you apply for your E-2 Visa, which can conflict with plans to obtain a Green Card under EB-1c. It is vital you discuss your options with an immigration attorney at the beginning of the process. 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Back Specialty Occupations The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations. This visa category requires that the beneficiary (the foreign worker) has a bachelor’s degree, and the petitioner (the U.S. company) can employ the worker for up to six years. This is a very popular visa because, unlike many other non-immigrant visas that make applying for a green card very difficult and require foreign workers to maintain a residence in their home country, the H-1B visa permits “dual intent.” Dual intent allows one to apply for a green card while in the U.S. without running into problems. Requirements and eligibility QUALIFICATIONS LABOR CONDITION APPLICATION (LCA) Prospective specialty occupation and distinguished fashion model employers/agents must obtain a certification of an LCA from the DOL. The application requires the employer/agent to attest that it will comply with the following labor requirements: The employer/agent will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working. The employer/agent will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the place of employment. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of employment. Application Process Processing times and Period of Stay/Extension of Stay Labor certification is done prior to filing the H-1B petition, and it usually takes about 2 weeks to get an answer from the Department of Labor. Premium processing is available and you can have an answer in 15 calendar days. Premium processing will cost you an additional $1,440, but it is generally well worth it to keep your place in line. Family of H-1B Visa holders H-1B visa holders can bring their spouse and children under 21 years of age to the U.S. under the H-4 visa category as dependents. While dependents are permitted to remain in the U.S., an H-4 visa holder is not eligible to work in the U.S. They can, however, attend school, obtain a driver’s license, and open a bank account while in the U.S. The spouse of H-1B non-immigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B non-immigrant has already started the process of seeking employment-based lawful permanent resident status. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR EMAIL US ‬ CALL US