Back SERVICES IMMIGRATION LAW READ MORE FAMILY LAW AND DIVORCE LAW READ MORE ELDER CARE & ESTATE PLANNING READ MORE RESTAURANT LAW READ MORE REAL ESTATE LAW READ MORE FRANCHISE LAW READ MORE BUSINESS LITIGATION READ MORE BUY/SELL A BUSINESS 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 REAL ESTATE ASPECTS OF FRANCHISING With our help, you'll be able to find the perfect location for your business. We are an expert team that can easily analyze and negotiate any lease or sublet agreement. We will make you aware of clauses that can cost you money over the term of your lease; tax clauses, common area maintenance clauses, percentage increases, and percentage overage clauses. We will advise you of the ramifications of these provisions and help you negotiate them. We will ensure that your right to assign or sublet is not overly restrictive. What about lease guarantees and “good guy” guarantees? We can help you protect yourself in these areas. We will help you negotiate your “work letter,” your construction contract, and your construction (or acquisition) financing loan agreement. Dollars count. Let us help you to save them. 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

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Back DISPUTE RESOLUTION (LITIGATION, ARBITRATION AND MEDIATION) We are committed to working with you, even when negotiations between franchisers and franchisees break down. We believe in mediation, if the parties agree that this is an option for them, then we will do our best at getting their dispute resolved through peaceful means of discussion without any fighting or angering one another along way. When disputes are not resolved, we will arbitrate or litigate on your behalf. 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 SETTING UP A FRANCHISE SYSTEM Our team is dedicated to helping you explore and evaluate whether franchising would be the best means of establishing or expanding your business. We will review trademark issues, as well financial questions with commitments that both state-legal requirements are met while still meeting federal guidelines - all in order for us to provide clarity on what steps need taken next. We are excited to start the process of designing your new franchise program by looking into all aspects in detail. Let our team of experts help you set up a successful and profitable franchise program. We are happy to provide guidance on all aspects, from fees negotiations through development agreements so that your company can thrive long-term. The best structure for your entities is going to be a big part of what we do. We'll work with you and an accountant (or accountants) in determining the right way forward, so that everything falls into place seamlessly when its time start operations. We will draft each of the various agreements (franchise agreement, sublease, equipment lease, etc.) which are necessary to establish a solid foundation for your business. The advice we give is based on the latest industry insights and practical experience. You can trust us to provide you with sound Franchising Law legal counsel that will be tailored for your individual needs, whether it's entering or continuing in this field as well-being able just get started today. 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 Extraordinary Ability Anyone who can demonstrate that they have achieved a certain level of success and recognition in their respective field may qualify for a merit-based visa. You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. This is the highest level of visa classification and USCIS looks very closely to determine that you have received or been nominated for a major industry award or meet at least 3 of the ten “alternate” criteria Requirements & Eligibility Step one is to assess whether you meet the specified number of criteria outlined below. If the answer to that question is yes, USCIS will perform a subjective, qualitative assessment of whether you are “exceptional.” In order to apply for this category, you must meet 3 out of the 10 criteria listed below: Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence Evidence of your membership in associations in the field which demand outstanding achievement of their members Evidence of published material about you in professional or major trade publications or other major media Evidence that you have been asked to judge the work of others, either individually or on a panel Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field Evidence of your authorship of scholarly articles in professional or major trade publications or other major media Evidence that your work has been displayed at artistic exhibitions or showcases Evidence of your performance of a leading or critical role in distinguished organizations Evidence that you command a high salary or other significantly high remuneration in relation to others in the field Evidence of your commercial successes in the performing arts ELIGIBILITY FOR EXTRAORDINARY ABILITY CLASSIFICATION Sustained National or International Acclaim: In determining whether the beneficiary has enjoyed "sustained" national or international acclaim, the officer should consider that such acclaim must be maintained. However, the term sustained does not imply an age limit on the beneficiary. A beneficiary may be very young or early in his or her career and still be able to show sustained acclaim. There is also no definitive time frame on what constitutes sustained. If a person was recognized for a particular achievement, the officer should determine whether the person continues to maintain a comparable level of acclaim in the field of expertise since the person was originally afforded that recognition. A person may, for example, have achieved national or international acclaim in the past but then failed to maintain a comparable level of acclaim thereafter. Continuing to Work in the Area of Expertise: In general, if a beneficiary has clearly achieved recent national or international acclaim as an athlete and has sustained that acclaim in the field of coaching or managing at a national level, officers can consider the totality of the evidence as establishing an overall pattern of sustained acclaim and extraordinary ability such that USCIS can conclude that coaching is within the beneficiary’s area of expertise. Entry to Substantially Benefit the United States: Whether the petitioner demonstrates that the person’s employment meets this requirement requires a fact-dependent assessment of the case. There is no standard rule as to what will substantially benefit the United States. In some cases, a Request for Evidence (RFE) may be appropriate if an officer is not yet satisfied that the petitioner has met this requirement. EVIDENCE OF EXTRAORDINARY ABILITY In general, the petitioner must submit evidence that: The person has sustained national or international acclaim; and The person’s achievements have been recognized in the field of expertise. The evidence provided in support of the petition must ultimately establish that the beneficiary "is one of that small percentage who have risen to the very top of the field of endeavour." Letters of Endorsement The statements made by the witnesses should be corroborated by documentary evidence in the record. The letters should explain in specific terms why the witnesses believe the beneficiary to be of the calibre of a person with extraordinary ability. It is generally expected that one whose accomplishments have garnered sustained national or international acclaim would have received recognition for his or her accomplishments well beyond the circle of his or her personal and professional acquaintances Two-Step Analysis of Evidence Evaluating Petitions Filed on Behalf of O-1 Non-immigrants Eligibility as an O-1 non-immigrant does not automatically establish eligibility for immigrant extraordinary ability classification. Each petition is separate and independent and must be adjudicated on its own merits, under the corresponding statutory and regulatory provisions. Officers issuing denials in such cases should provide a brief discussion as to why, notwithstanding the previous O-1 non-immigrant visa petition approval, the petitioner has failed to meet its burden to establish the beneficiary’s eligibility for approval of the immigrant petition for classification as a person with extraordinary ability. Application process For all of EB1 visas you must file form I-140, Petition for Alien Worker. For visa EB-1(a) you may petition for yourself. The I-140 is filed with USCIS and, depending on whether or not the green card is current, an I-485 form can be filed. This application can also be done while outside of the U.S., a process by which the I-140 is filed with USCIS and the applicant receives the green card through consular processing. Through this process, once I-140 is approved, schedule an appointment with the U.S. consulate or embassy in the home country to have an interview with a consular officer. Here you should bring the printed completion of DS-260 online immigrant application. If eligible,a package will be given. Do not open this packet, this will be given at the port of entry when inspected. 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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Acerca de Back START-UP LAW We'll help you power up your start-up with expert legal advice At Buschkin Law Firm, we excel in assisting with business sales and purchases. Our expertise lies in working closely with your accountant to ensure tax efficiency and minimize liability exposure. We skillfully negotiate the most favorable terms for our clients, while also alerting them to any potential issues. Our commitment to building strong client relationships is a key factor in our ability to contribute to their growth and success. Entity Formation: Law firms can help start-ups select the appropriate legal structure, such as LLC, corporation, or partnership, based on factors like liability protection, tax implications, and ownership structure. Intellectual Property Protection: Start-ups often possess valuable intellectual property (IP) assets, such as patents, trademarks, and copyrights. A law firm can help with the process of registering and protecting these assets to prevent infringement and ensure exclusivity. Contracts and Agreements: Law firms can draft, review, and negotiate various contracts critical to start-ups, including customer agreements, vendor contracts, partnership agreements, employment contracts, and more. These documents help define the terms of business relationships and protect the interests of the start-up. Funding and Investment: For start-ups seeking funding, law firms can assist in preparing investment documents like term sheets and shareholder agreements, ensuring compliance with securities laws and regulations. Regulatory Compliance: Start-ups often operate in regulated industries. Law firms can guide them through the complex landscape of regulatory requirements, helping them stay compliant with laws related to data protection, consumer rights, industry-specific regulations, and more Licensing and Regulatory Approvals: Some start-ups require licenses or approvals to operate legally in certain industries. A law firm can help navigate the application process and ensure compliance. Exit Strategies: As start-ups grow, they may consider exit strategies like mergers, acquisitions, or IPOs. A law firm can provide guidance on the legal aspects of such transactions, ensuring a smooth transition and favorable terms. 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