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  • Buying a Franchise

    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

  • PERM | BUSCHKIN LAW FIRM

    Back PERM Labor Certification The PERM or Program Electronic Review Management System Labor Certification is the first step in the process of applying for employment-based lawful permanent residency (green card). The objective of PERM is to defend U.S. workers and the job market. This means that the process was created to ensure that foreign workers are not filling the positions that could otherwise be filled by qualified U.S. workers. The PERM applicant must submit a comprehensive application to the Department of Labor in order to demonstrate how his/her exceptional skills cannot be duplicated by an available U.S. worker. IS LABOR CERTIFICATION SAME AS PERM? PERM stands for Program Electronic Review Management System Labor Certification. The certificate itself is often called “PERM labor certification” because obtaining a PERM is equivalent to a labor certificate. It’s important to note that the PERM labor certificate is not a visa and it doesn’t guarantee one. Employment-based visas require you to have a PERM labor certificate before you even apply for your visa. PERM immigration is one part of the entire immigration process. Requirements and eligibility In order to qualify to begin the PERM process, the following requirements must first be met: You must have an existing permanent job offer by a U.S. employer The offered wages are required to be equal or above the DOL prevailing wage. DOL will subject this to the specific position. The local job market has been analysed for qualified candidates. This is required to provide evidence that U.S. workers are unable to complete the requirements of the position, meaning that no qualified native workers are available for the position. Supplementary documentation relating to recruiting efforts must be made available if requested. The U.S. employer is obligated to construct and maintain an audit file with additional proof of attempts at recruitment. ​ RECRUITMENT ​ PERM regulations mandate that recruitment steps for both professional and non-professional positions be completed within 6 months of filing the PERM application. The steps must be conducted at least 30 days but no more than 180 days before the filing of the application. For both professional and non-professional positions, the employer must wait 30 days after the end of the recruitment period before filing the ETA 9089. This is to ensure that any qualified U.S. workers have a reasonable time period in which to respond to your ads or job order. DOCUMENTATION Application process / Green Card PERM CERTIFICATION PROCESS Step 1: Formulate job duties and minimum requirements Establish the crucial details of the job for which the employee is being sponsored The employer must articulate the job requirements based on DOL regulations and realistic business practices Obtain and check the beneficiary’s educational documents and work experience letters Creating PERM piston includes: Job Title Job Duties Work Location Minimum Requirements (Degree, Work Experience, Other) Where (address) to send Resumes Step 2: Request prevailing wage determination (PWD) from DOL Submit an online PWD request to the Department of Labor DOL will determine the prevailing wage for the position in the specified geographic location Prevailing wage will based on the job duties, minimum requirements, and other details PWD sets the minimum wage that the employer must be willing to pay the employee, at the time that the employee becomes a legal permanent resident Step 3: Conduct recruitment Advertisements will be placed to test the labor market This labor market test for PERM purposes must be conducted in conformity with DOL rules: Internal Notice of Filing 2 Sundays in Major Newspaper where permanent position is located 30 days in the State Workforce Agency For Professional Positions choose 3 of the following 10 options: Employer’s website Job Fair Job search website other than the employers. On-campus recruiting. Trade or professional organizations. Private employment firms. Employee referral program with incentives. Campus placement offices. Local and ethnic newspapers. Radio and television advertisements. If an able, willing and qualified US worker applies for the position, we will need to stop the process, wait at least 6 months, and then re-test the labor market, perhaps with modified criteria Step 4: Submit PERM to DOL Prepare and File DOL Form ETA 9089 online. A chance of the case being audited is small: nationally the audit rate is about 25%, but with CBK the rate is less than 5%. GREEN CARD THROUGH PERM ROADMAP Step 5: File I-140 employer's immigrant visa petition with USCIS Employers need to show that the company can pay the employee the prevailing wage. The employee must show that she/he has all of the qualifications for the job. Petition must be submitted with the Labor Certification approval notice, which is only valid for 180 days. Step 6: Wait for priority date to become current Depending on the green card category and the country of chargeability, immigrant visa number may not be immediately available. Please refer to the visa bulletin for the current information. If the priority date is current when the PERM is approved, we may be able to move to next step immediately and file the I-485 application together with the I-140. Step 7: File I-485 I-485 is a personal green card application filed by the employee named in the I-140 petition and by her/his derivative family members (spouse and children). Adjustment of status application focuses on an employee's personal eligibility to receive a green card. We can request a travel/work authorization card that can be used while I-485 is pending. Step 8: Attend biometrics appointment This will be in the USCIS office closest to your place of residence. Step 9: Prepare for and attend interview with USCIS officer About 12 months after filing the paperwork, we will receive an interview notice. Interview wait time varies greatly among different USCIS field offices. Immigration officer will review the employee's green card application and all underlying immigration files. Employees need to confirm that a job offer is still available, provide all the original civil documents, immigration status documents and previously completed medical exam on form I-693 in a closed envelope. On rare occasions, when a visa number is no longer available, after the successful interview, the I-485 form will be sent to the National Benefits Center. In that scenario, USCIS will approve the green card as soon as a visa number becomes available again. Processing times and Validity Period PROCESSING TIMES ​ With each step discussed above in mind, we can make an estimate on what the processing time will be, however, there are a number of factors that can drastically change the amount of time it will take. VALIDITY PERIOD ​ The validity period for individual permanent labor certifications is 180 days, they will have this time to submit the permanent labor certification in support of a petition with USCIS. USCIS rejects petitions that require an approved permanent labor certification if the permanent labor certification has expired or if the petition is filed without the approved permanent labor certification. USCIS denies a petition that was inadvertently accepted without a required, valid permanent labor certification. As exceptions, USCIS accepts them if the original permanent labor certification was submitted in support of a previously filed petition during the permanent labor certification's validity period. These filings may occur when: There is a successor-in-interest employer change, which requires a new or amended petition; The petitioner wishes to file a new petition subsequent to the denial, revocation, or abandonment of the previously filed petition, and the permanent labor certification was not invalidated due to material misrepresentation or fraud relating to the labor certification application; The petitioner files an amended petition to request a different immigrant visa classification than the classification requested in the previously filed petition; or USCIS or U.S. Department of State (DOS) determines that the previously filed petition has been lost. 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

  • Power of Attorneys | BUSCHKIN LAW FIRM

    Back Durable Power of Attorney Estate Planning Services If you were to suddenly find yourself incapacitated, a durable power of attorney would give a trusted person the ability to make some of those important decisions for you. WHAT IS A DURABLE POWER OF ATTORNEY? A durable power of attorney is the legal right granted by you to a third party to make financial decisions in your name if you become incapacitated. Of course, since this third party has so much legal authority in your name, it is extremely important that you appoint someone whom you can absolutely trust and who also possesses the ability to handle your legal and financial matters. WHY DO I NEED A DURABLE POWER OF ATTORNEY? No one ever wants to think that the worst will happen, but having a power of attorney can protect you if you were to become incapacitated due to an injury, stroke, illness, dementia, or Alzheimer’s. The person with power of attorney will be able to help you pay your bills, take care of your investments, and buy or sell real estate and other assets. This can ensure that you are still able to care for your family, even while you are unable to work. Buschkin Law Firm can help you legally draft a power of attorney. We will work closely with you to ensure that you are as protected 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

  • Services | BUSCHKIN LAW FIRM

    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

  • EB2 | BUSCHKIN LAW FIRM

    Back Advanced Degree or Exceptional Ability This is an Employment Based green card category and is available to individuals who are a member of professions holding an advanced degree or those who have exceptional ability. This page deals with an EB-2 through the National Interest Waiver process The employer can petition but the applicant can also self petition. The first step in the process is to assess whether or not you qualify under the advanced degree criteria or Exceptional Ability. The National Interest Waiver category (NIW) requires proof that your work is of “substantial merit” and “national importance” and that you will be coming to the U.S. to continue the type of work you have been doing overseas, ensuring it continues to constitute “substantial merit” and “national importance”. In addition, it must be shown that the applicant's “prospective endeavor” in the U.S. is so important that using the traditional route of filing a labor application would be detrimental to at least a segment of the U.S. population. Requirements and eligibility DOCUMENTATION When you attend an interview at your local U.S. Consulate or Embassy for your immigrant visa, you will be asked to bring with you a number of documents. These may include the following: A passport that is valid for at least six months beyond the intended date of entry into the U.S. The confirmation page of the DS-260 (Immigrant Visa and Alien Registration Application) Two 2×2 photographs that meet U.S. Visa standards Any relevant immigration documents received after your petition was filed A letter from your employer confirming employment Completed Medical Examination and Proof of Vaccination Forms Marriage and birth certificates if you are interviewing with your family who will also come with you to the U.S. All documents submitted should be in their original form. These will be given back to you usually at the end of the interview. Application Process To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker. An NIW petition can be filed by an employer or can be a self petition. If the green card category is current for the applicant, the I-485 can also be filed at the same time as the I-140. In addition, the applicant can apply for work authorization and the ability to travel. The following evidence should be submitted with Form I-485: Two passport-style photos Copy of approval notice for Form I-612, Application for Waiver of the Foreign Residence Requirement (under Section 212(e) of the Immigration and Nationality Act, as Amended) Copy of Form I-797, Approval notice for I-140 Copy of birth certificate or other records of your birth Copies of all passport pages with nonimmigrant visas Evidence of final compliance with the 3 or 5 years service requirement to be submitted no later than 120 days after the completion of the service requirement (Evidence of compliance must be submitted at intervals while the I-485 is pending) Form I-693, Medical Examination and Vaccination Record Photocopy of the Form I-797 Approval Notices for all extensions and changes of status Photocopy of the Form I-20 or IAP 66 school records (front and back, including all school annotations) Applicable fees Form G-28, if you have an attorney representing your case Period of stay / Family These are green cards so as long as you meet the residency requirements and do not violate the terms of the visa you can keep them for life. Your spouse and children can all join in the green card process. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD). 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

  • Setting up Franchise | BUSCHKIN LAW FIRM

    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

  • Estate Planning | BUSCHKIN LAW FIRM

    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

  • LCA | BUSCHKIN LAW FIRM

    Back Labor Condition Application The Labor Condition Application is a form that a sponsoring employer files with the Department of Labor on behalf of any H-1B employees that the employer may be hiring. It is often one of the first steps that a sponsoring employer must take when trying to hire an H-1B employee. Without an LCA, the employer cannot file the I-129 petition for the H-1B visa. LCA Attestations A well-prepared LCA contains four different attestations from the employer. The attestation is a factual statement supported with evidence. In fact, the U.S. Department of Labor requires employers to provide and maintain documentation supporting that the following four main labor conditions have been met: Application process To get an LCA, your employer needs to file an ETA 9035 with the Department of Labour long before the beginning of the H-1B filing window. This way, you can avoid the risk of having the two overlap, causing you to miss the filing window. If your H-1B LCA is denied, the DOL will provide you with the reasons for the denial in the notice. It is not likely that an LCA denial can be appealed or motioned, but this obstacle can be overcome by fixing these problems and refiling before the H-1B filing window in April. This is why it is important to obtain an LCA well before the start of the filing season. Processing times and Period of Stay/Extension of Stay The typical processing time is 7 days, but this can easily vary from case to case based on how busy the DOL is at the time, when dealing with bureaucracy, you have to factor in delays or high volume periods. The initial validity period for the H-1B Labour Condition Application is three years, just like the H-1B. Some factors that can shorten this are: Termination of H-1B status Strike or lockout at place of work. If an employer becomes H-1B dependent, this can have a negative impact on the LCA. 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

  • Elder Care and Estate Planning | BUSCHKIN LAW FIRM

    Back ELDER CARE AND ESTATE PLANNING Many years ago, planning for the future meant retirement and estate planning. In recent years, planning for the future has taken on new meaning. It now includes planning for long-term care. This change in society is a result of an aging population Living beyond the normal retirement age as a result of advanced medical care, better nutrition, and increased exercise. In order to address the needs of this new paradigm, families need to consider the cost of long-term care and how they are going to pay for it. Our services cover Wills and Trusts, Asset Protection, Special Needs Planning, Medicaid, Adult Guardianship, Probate, Estate and Trust Administration. Our dedication to the areas of Elder Law and Estate Planning is founded in our appreciation of life and family values. Our process is tailored to the needs of our clients and is always focused on what is important to you. It is designed to ensure that you have an estate plan that actually works and your experience with our process is pleasant and stress-free. We believe in creating value for our clients through compassionate and competent representation in every matter we undertake. ​ WHY CHOOSE US? ​ Estate planning and elder law issues are ultimately about family. Whether you want to protect your family after you are gone, ensure the best care for your aging parents, or enforce the wishes of a deceased loved one, you want to work with attorneys who understand that families can be complicated and that every client deserves their utmost respect and undivided attention. At Buschkin Law Firm, we are committed to providing your family with the best possible estate planning legal services. When you work with us, you can expect: ​ Care and compassion. We relate to our clients on a personal level and are always completely honest, straightforward, and authentic in our interactions. ​ ​ Responsiveness. We are committed to answering questions and responding to clients’ needs as quickly as possible, but we also take the time to get to know each of our clients and their families so that we can find the solutions that work best for them. ​ ​ The comfort that our work brings to our clients and their families is the passion that drives us to provide results-driven legal services with a personal touch. ​ Making decisions about what you want for your family members, your home, and your assets should you become debilitated or die is extremely difficult and intensely personal. You need to work with attorneys you can trust to thoroughly explain your options and address your concerns with compassion and empathy. We provide a level of personal attention that is unmatched, treating our clients with the utmost respect and concern. Buschkin Law Firm makes an effort to look at your entire life to help you build a plan or litigate an issue in a way that meets your personal goals. We do not see estate planning and elder law clients in terms of single transactions, but rather as an opportunity to build a long-term relationship. SERVICES ESTATE PLANNING Planning is the key in preserving your assets. We help clients design and implement strategies that provide for the administration and disposition of assets during your life and in the event of incapacity or death. Read More SPECIAL NEEDS Beneficiaries with disabilities and special needs require special consideration in your estate planning. With the right planning, you can protect your most vulnerable loved ones in the event of your incapacity or death. Read More WILLS We can assist you with drafting a Will and help your family to safeguard the interests of your beneficiaries during the probate process. Read More 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 who serve in that capacity. Read More MEDICAID 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. Read More ASSET PROTECTION Preserving wealth can be difficult. Your assets can be affected by legal risks that you and your loved ones might be exposed to. We can help with creating planning strategies designed to protect your individual assets. Read More PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. Read More 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. 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

  • Franchise Law | BUSCHKIN LAW FIRM

    Back FRANCHISE LAW Whether taking a proactive role in helping clients to prevent future disputes, representing members of an organization in a corporate dissolution, or handling complex business litigation in a state or federal court – Buschkin Law Firm prides itself on providing clients with uncompromising advocacy and respected professionalism in all aspects of legal representation. If you are looking to buy a franchise, then caution should be exercised before leaping into the opportunity so as to avoid potential risks. Understand the commitment you are undertaking and your rights and obligations as a franchisee. Buschkin Law Firm can help in all aspects of franchise law. If you are a potential franchisee, your business documents are key. Therefore, it is critical to ensure that they are valid, comprehensive and fair before you make a purchase decision. At Buschkin Law Firm, through meticulous contract review and negotiation, we will work to protect your interests. The trademark is the cornerstone of what you are buying with a franchise investment. Our Firm will check that the trademark is a live, valid, federally registered trademark. This process involves checking state records to ensure there will be no trademark infringement claim brought against you. We will also learn about the background of the people and company along with the franchisor’s litigation and bankruptcy disclosures, among other records. In addition, we will review the terms of the franchise agreement and explain the franchisor’s obligations to the franchisees and vice versa. At Buschkin Law Firm, we are prepared to put our experience and insight to work for you as you enter into the world of franchise ownership. Franchise law encompasses rules and regulations at both the state and federal levels. It is essential to have someone on your side who understands this complex network and the impact these laws may have on your business venture. When you come to us, we will provide comprehensive, personalized representation at every stage of the process. This includes setting up your legal entity for you and helping negotiate the commercial lease for your business. Franchise Disclosure Document Read More Franchise Rule 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 SERVICES SETTING UP A FRANCHISE SYSTEM Read More FRANCHISE DISCLOSURE ISSUES Read More BUYING A FRANCHISE Read More SELLING A FRANCHISE Read More FRANCHISEE ASSOCIATIONS Read More DISPUTE RESOLUTION Read More AREA DEVELOPMENT AGREEMENTS Read More PROTECTED MARKETING AREAS Read More REAL ESTATE ASPECTS OF FRANCHISING Read More STRUCTURING BUSINESS ENTITIES Read More

  • B1 Visa | BUSCHKIN LAW FIRM

    Back Temporary Business Visitor This Visa is required for temporary business visitors to conduct activities of a commercial or professional nature. For example, consult with business associates, negotiate a contract, or attend a business conference Temporary business - participating in business activities of a commercial or professional nature in the United States, including, but not limited to: Consulting with business associates Traveling for a scientific, educational, professional or business convention, or a conference on specific dates Settling an estate Negotiating a contract Participating in short-term training Transiting through the United States: certain persons may transit the United States with a B-1 visa Deadheading (certain aircrew members may enter the United States as deadhead crew with a B-1 visa) ​ VISITOR VISA VS. VISA WAIVER PROGRAM ​ The main difference between these two is that a Visitor Visa is used for persons who wish to enter the United States to engage in temporary tourism, business, or professional activities related to their employment or business abroad. The primary intent for this visa type is that it’s for business purposes. B-visa visitors are not permitted to engage in employment while in the US. Meanwhile, the Visa Waiver Program does not need a B1 Visa to enter the United States, enabling most citizens or nationals of participating countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Requirements and eligibility If you apply for a B-1 visa, you must demonstrate to a consular officer that you qualify for a U.S. visa that presumes that every B-1 applicant is an intending immigrant. You must overcome this legal presumption by demonstrating the following: The purpose of your trip is to enter the United States for business of a legitimate nature You plan to remain for a specific limited period of time You have sufficient funds to cover the expenses of the trip and your stay in the United States You have a residence outside the United States that you have no intention of abandoning, as well as other binding ties that will ensure your return abroad at the end of the visit You are otherwise admissible to the United States Application Process The order of these steps and how you complete them may vary by the U.S. Embassy or Consulate. Please consult the instructions on the U.S. Embassy or Consulate website . ​ STEP 1: COMPLETE THE ONLINE VISA APPLICATION ​ Form DS-160 - You must: Complete the online visa application. Print the application form confirmation page to bring to your interview. You will upload your photo while completing the online Form DS-160. Must be in the format explained in the Photograph Requirements . STEP 2: PAY THE B1 VISA FEES Pay the non-refundable visa application fee ($160). If your visa is approved, you may also need to pay a visa issuance fee, if applicable to your nationality, the amount depends on the relationship that your home country has with the US. STEP 3: SCHEDULE AN INTERVIEW Schedule an appointment for your visa interview at the U.S. Embassy or Consulate in the country where you live. Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. STEP 4: GATHER REQUIRED DOCUMENTATION Passport valid for travel to the United States – Your passport must be valid for at least six months beyond your period of stay in the United States. Non-immigrant Visa Application, Form DS-160 confirmation page. Application fee payment receipt, if you are required to pay before your interview. Photo – You will upload your photo while completing the online Form DS-160. If the photo upload fails, you must bring one printed photo in the format explained in the Photograph Requirements. Additional documents may be requested to establish if you are qualified. For example, additional requested documents may include evidence of: A letter which describes the purpose of your trip. Financial or bank statements to prove you have the finances to stay in the US. Ties to your home country such as family, job contract, lease, or property deed, which prove you will return. Criminal records or letters from authorities stating that you do not have prior convictions. If you have visited the US before, bring documents relevant to your prior visits. If you work, bring a letter from your employer and payslips for the last three months. A letter from the company detailing the purpose of the trip and your job position. STEP 5: ATTEND YOUR VISA INTERVIEW A consular officer will interview you to determine whether you are qualified to receive a visitor visa. Bring your documents file and be prepared to answer questions from the interviewer. You will be asked about your background, your purpose of visit, what business you will be doing in the United States, and whether you intend to return. Ink-free, digital fingerprint scans are taken as part of the application process. After your visa interview, the consular officer may determine that your application requires further administrative processing. The consular officer will inform you if this is required. STEP 6: ENTERING THE UNITED STATES A visa allows a foreign citizen to travel to the U.S. and request permission to enter. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp or a paper Form I-94, Arrival/Departure Record. ​ Processing times and Period/Extension of Stay The processing times for the B1 visa is not exact. It can take a couple of weeks or a few months for your visa to be processed. This depends on the workload of the US Embassy and other factors that they take into consideration. After the processing time is complete, you will be notified about whether you got the visa or not. You can review the visa processing times for Visa Appointment depending on your home country. The initial validity for which the B1 visa is given is 6 months. For extension you must: Prove that you have not completed all the business that you need to complete. Get letters of confirmation from your employer or company that proves your stay in the US is essential for business. Remember that you are not allowed to work for a US company and earn income Prove financial stability and that you have enough money to stay in the United States. At the port of entry, an immigration official must authorize your admission to the United States. If you wish to stay beyond the time indicated on the Form I-94 without departing from the United States, you must file Form I-539, Application to Extend/Change Nonimmigrant Status. Submit any required supporting documents to USCIS. VWP: ESTA application, participating countries, passport requirements ESTA is an automated system that determines the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). Authorization via ESTA does not determine whether a traveller is admissible to the United States. U.S. Customs and Border Protection officers determine admissibility upon travellers' arrival. ​ HOW TO APPLY FOR AN ESTA? PARTICIPATING COUNTRIES ​ You must be a citizen or national of the following countries to be eligible to travel to the United States under the VWP. PASSPORT REQUIREMENTS ​ Travel under the Visa Waiver Program is restricted to travellers possessing passports with specified security features. Visa Waiver Program requirements are: The passport must have a machine-readable zone on the biographic page. The passport must be an electronic passport with a digital chip containing biometric information about the passport owner. As of April 1, 2016, all travellers must have an e-passport to use the VWP. An e-Passport, denoted by the symbol, is an enhanced secure passport with an embedded electronic chip. Canadians & Bermudians Citizens of Canada traveling to the United States do not require a non-immigrant visa, except for the travel purposes described below. ​ VISA REQUIREMENTS - CITIZENS AND PERMANENT RESIDENTS OF CANADA ​ Foreign government officials (A); officials and employees of international organizations (G); and NATO officials, representatives, and employees assigned to the United States (NATO) Treaty traders (E-1) Treaty investors (E-2) Spouse or Child of an Australian Treaty Alien coming to the United States Solely to Perform Services in a Specialty Occupation (E-3D) Fiancé(e)s (K-1) Children of fiancé(e)s (K-2) Spouse of a U.S. citizen traveling to the United States to complete the immigration process (K-3) Children of a foreign citizen spouse (K-4) described above Informant supplying critical information relating to a criminal organization (S-5) Informant supplying critical information relating to terrorism (S-6) Qualified family member (S-7) of an S-5 or S-6 visa holder described above ​ Citizens of Bermuda traveling to the United States do not require a non-immigrant visa for travel up to 180 days, except for the travel purposes described below. Additionally, Bermudian citizens do not require a visa unless they are ineligible for a visa under U.S. immigration law, or have previously violated the terms of their immigration status in the U.S. ​ VISA REQUIREMENTS - CITIZENS OF BERMUDA ​ Foreign government officials (A); and officials and employees of international organizations (G) Fiancé(e)s (K-1) Children of fiancé(e)s (K-2) Spouse of a U.S. citizen traveling to the United States to complete the immigration process (K-3) Children of a foreign citizen spouse (K-4) described above Informant supplying critical information relating to a criminal organization (S-5) Informant supplying critical information relating to terrorism (S-6) Qualified family member (S-7) of an S-5 or S-6 visa holder described above Other travel purposes where the intended stay is longer than 180 days Family of B-1 Visa holders Spouses and children are not eligible for a dependent visa. You can find out if they need a visa by checking to see if your country participates in the U.S. Visa Waiver Program (VWP) . If you don't see your country listed, you will need a non-immigrant visa to visit the U.S. Each of your dependents who will be accompanying or following to join you must apply separately for a B-2 visa and must follow the regulations for that visa . With this visa, they will be able to come to stay with you for 6 months, and then ask for extensions for up to 1 year if necessary. Whether your dependents get the visa or not does not depend on the fact that you have a B1 visa. Each application is considered individually so there must always be proof of financial stability and that you plan to return home. Here are some examples of activities permitted with this visa: Tourism Vacation (holiday) Visit with friends or relatives Medical treatment Participation in social events hosted by fraternal, social, or service organizations Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating Enrolment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation) 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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