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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

Back AREA DEVELOPMENT AGREEMENTS Area Development Agreements provide a special challenge: What are the “criteria” that must be met in order to keep to the development schedule? What happens to existing locations if the remaining schedule is not met? Will they have protected areas and if so, what will they be? If a default occurs with respect to one of your units, will it affect your other (non-defaulting) units or not? Who will be obligated with respect to the Development Agreement and what will the extent of responsibility be? With our help, you can address all these and other issues in your Area Development Agreement. 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

Acerca de Back SELLING OR BUYING A BUSINESS Sale or Acquisition of a Business The sale or purchase of a business is a milestone for many owners, representing the culmination of years of work and planning Buschkin Law Firm can help structure the deal, collaborating with your accountant or other tax advisor so that it is tax efficient and minimizes liability exposure, alert you to potential problems and uncertainties that may arise from financing or regulatory hurdles, and negotiate the most favourable terms for you. At Buschkin Law Firm, we want to have a closer relationship with our clients and be a more integral part of the team, we cherish these relationships, and feel honoured that these companies have chosen us to be a part of their growth and success. Comprehensive Counsel Before the actual purchase of a business, it is important that due diligence is completed. This includes thoroughly investigating the company that you are interested in purchasing, reviewing major contracts, documentation, leases, and more to ensure that there are no major problems or surprises that will occur after the purchase is made. The outcome of due diligence often has a significant impact on the price that you pay, as well as the terms and conditions. We can help you through this process and make sure that you are fully informed about what you are acquiring before any finalizations are made. What we do At Buschkin Law Firm, we handle all the legal aspects of buying or selling your company. FOR BUYERS: Reviewing & negotiating the Purchase & Sale Agreement. Explaining the Purchase & Sale Agreement to the buyer. Conducting due diligence to ensure that the Company is legally registered and will not be violating any leases or contracts upon the transfer of ownership. Ordering a lien & judgment search to determine that there are no liens, judgments or tax liens against the company or the seller. Corresponding with the seller’s attorney & other parties. Preparing & reviewing all legal documents for the closing. Representing the buyer at closing. FOR SELLERS: Preparation & negotiation of the Purchase & Sale Agreement. Explaining the Purchase & Sale Agreement to the seller. Corresponding with the buyer’s attorney & other parties. Preparing & reviewing all legal documents for the closing. Escrowing of funds. Representing the seller at closing. If you are the buyer, you face the following risks if you do not retain an attorney: Business may not be legally registered. Business is or may be in violation of state or federal laws, in breach of existing contracts and may be in breach of its existing leases if the transfer is not properly conducted. Seller or the business may have liens or judgments that might be your responsibility upon the transfer of the business. Seller might be past due on taxes and the obligation to pay might fall on you If you are the seller, you face the following risks if you do not retain an attorney: Documents that you sign may put an obligation on you to be responsible for the business in the future, even if you will no longer be running the business or deriving a profit from it. If you have a lease, you probably made a personal guarantee. If the buyer stops paying rent in the future, you will still be personally liable. An arrangement for the buyer to pay in instalments may not go as planned. How will you be protected if the buyer stops paying? The buyer’s attorney will want you to prepare certain legal documents for the transfer. Are you able to prepare them without an attorney? 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 STRUCTURING BUSINESS ENTITIES: Relationships Among Principals Which entity works for your business? S Corporation, C Corporation, Limited Partnership, Partnership, Limited Liability Company, Not-For-Profit Corporation? We will help you and your accountant make this decision and we will form your entity for you. You should have an agreement among yourselves to ensure that all of the issues are covered in order for you or any partner/shareholders who wish so be able represent themselves properly during matters at court. Issues covered in the agreement can be: How are decisions made? How will money be invested? What happens if one of the principals wants to sell his or her interest in the business What happens if a principal becomes disabled, or dies; how will his or her interest in the business be dealt with? You may be in need of our help to understand these and other issues. We're here for you with any task that requires discussion or negotiation. 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 Intracompany Transferee The L-1 visa permits a U.S. employer to transfer an employee with specialized knowledge relating to the organization’s interests or a manager/executive from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. There are two types of L-1: L-1A for executives and managers L-1B for employees with specialized knowledge Benefits of an L-1 Visa No Quotas: No annual limits on the number of visas available to certain countries Fast Processing Times: Average processing time is between 3-6 months Premium Processing is also available by paying an additional fee of $2,500 USCIS is required to respond with 15 business days Family: Allowed to take their spouses and dependent children with them with the L-2 visa Work Authorization: Spouses are permitted to apply for work authorization to work for any US employer Tax Advantages: Non-immigrant visa holders are generally not taxed on worldwide income Transition to Green Card: The criteria for L-1A is similar to EB1C category for Multinational Managers or Executives Easier to become permanent residents Also considered a dual intent visa Requirements and eligibility QUALIFICATIONS To receive either type of L-1 visa, both the employer and the employee need to meet the requirements detailed below: Doing business: Defined by the government Means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. Specialized knowledge: In organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or In the organization’s processes and procedures Executive capacity: The employee’s ability to make decisions of wide latitude without much oversight Managerial capacity: Ability of the employee to supervise and control the work of professional employees and to manage the organization Employee’s ability to manage an essential function of the organization at a high level New Offices: Employer has secured sufficient physical premises to house the new office Employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition The intended U.S. office will support an executive or managerial position within one year of the approval of the petition DOCUMENTS REQUIRED Application process Processing times and Period of Stay/Extension of Stay The L-1 category of visas process begins with a petition. In general, preparing an L-1 petition may take 1-2 months on the average depending on the responsiveness of the clients and the availability of required documents. The petition is then filed by USCIS. On the average, it could take USCIS between 3-6 months to decide on a petition, but with premium processing, USCIS could decide in as fast as 15 business days. Family and Transition to Green Card CAN I TAKE MY FAMILY TO THE UNITED STATES? A successful L-1 applicant applying for a visa under L1 visa can take their spouse to the United States, as well as any dependent children under the age of 21. Spouses are eligible to apply for work authorization to work in the United States. They are not restricted to working in the same L-1 business as their spouse. 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 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

Back Employment-Based This is a green card category where your employer sponsors you for a green card. The employer must first go through the Labor Certification process to show that they could not find a qualified U.S. worker. You may be eligible for this green card if you are a skilled worker, professional, or other worker. “Skilled workers” are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature “Professionals” are persons whose job requires at least a U.S. baccalaureate degree or a foreign equivalent and are a member of the professions The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature. Requirements and eligibility REQUIRED DOCUMENTATION Application process Processing times and Period of Stay 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. Regarding processing time, 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 your EB-3 green card will take. PERM Labor Certification process: about 8 months without complications. Form I-140: average of 6 months depending on the caseload. Premium processing shortens your petition’s processing time to 15 calendar days Waiting for your priority date: two months to over a decade depending on country of origin. Form I-485: average of 6 months and cannot be expedited by premium processing. Family of EB - 3 Visa Holders Your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States. 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 PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. HOW WE CAN HELP: Assist with the probate process to ease the burden on your loved ones Speed up the process for you, ensure that it’s done right the first time, and make sure that your application gets approved Navigate restrictions so that you qualify for all of the assistance you need When you or a loved one passes away, an estate’s transition, called probate, goes into effect. Usually, the family is responsible, alongside a probate attorney, for distributing probate assets. Probate can go smoothly if funds and wills were created and are accessible, but not all people prepare for it. Probate starts with submitting a last will and testament, if there is one, and then moves onto organizing assets and property into a catalog of inventory. Creditor, attorney, and court fees are paid first. Only then is the estate legally transferred to beneficiaries and heirs. We are here to help you plan to avoid probate or represent you in probate court. PROBATE ASSETS VS. NON-PROBATE ASSETS Probate assets include assets for which the deceased person was the sole owner or jointly owned assets which lacked provisions for automatic succession of ownership at death. Non-probate assets include jointly held property for which ownership includes the “right of survivorship.” In this situation, the surviving owner automatically owns the property when the other owner dies. We can help you avoid probate by creating a revocable living trust to plan for the management of your assets in the event of your incapacity or death. Avoiding probate with the help of a qualified attorney is especially important for high-net-worth individuals. Many jointly owned properties and certain types of bank accounts can be set up so that they will automatically be transferred to the person you wish to inherit them at your death. PROBATE AVOIDANCE Probate can be a lengthy process. Beneficiaries must wait until the process of paying back creditors during probate is completed to receive their inheritance. Financial costs are involved in commencing and administering a probate proceeding including filing court fees, the fees of the Personal Representative, and the fees of the attorney administering the estate. When a Will goes through probate, it becomes a public record. In contrast, Trusts can avoid the process of probate and remain private. It is always recommended to avoid ancillary probate for out-of-state real and tangible personal property owned. MAKE IT SIMPLE Legislation has made the probate process as painless as possible, but there are always hiccups along the way. We’ll take the stress out of it by helping when wills are challenged, documents are lost, or creditors get confused. The law can be confusing, especially in times of grief, and people might try to exploit your situation. We make sure that doesn’t happen and provide complete clarity about your affairs. We also make probate faster, so you pay less in court fees. We understand the loss of a loved one is difficult and painful. We never want you to put off your own care for lengthy, contested probate. We’re committed to supporting you and ensuring that the process goes as smoothly as possible. COMMON QUESTIONS HOW CAN I PLAN TO AVOID OR MINIMIZE PROBATE? The best way to ensure that your family won’t be tangled up in a costly and lengthy probate case is to have a fully funded, revocable living trust. Your living trust should be fully funded with your assets. Any assets that are still in your name will have to go through probate, so make sure that all of your assets are titled in your trust. WHAT IF THERE IS NO WILL? If a family member dies without leaving a will and there are significant assets or property that you believe you have a claim to, it would be wise to hire an estate administration attorney to protect your interests. If a person dies without a will and has no living family members closer than a first cousin, relatives who believe they have a claim will have to prove so in a kinship hearing. This is a lengthy process requiring multiple hearings, but with experienced attorneys on your team, you will be spared much of the difficulty. DO I NEED AN ATTORNEY FOR PROBATE? It’s recommended because the process is so formalistic, thorough, and complex, and you don’t want to expose yourself to liability. 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 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. HOW WE CAN HELP YOU: Assist in applying for government benefits to pay for skilled nursing, long-term, and in-home care Protect your assets for you and your loved ones Navigate through the maze of rules and regulations Your estate plan must account for possible disability, even if no beneficiary has special needs at the time because we cannot predict the future. At Buschkin Law Firm, we will help you protect your most vulnerable loved ones who may require continuous care and support. The bequests and distributions can be planned in such a way that they will supplement rather than supersede the benefits a person might already be receiving. To ensure that the intended gifts benefit your loved ones and improve the quality of his or her life, we can assist you in setting up a Special Needs Trust. We help our clients explore their options for maximizing benefits for their heirs. With respect to clients or their beneficiaries with special needs, our services cover many areas, including: trust administration and trustee representation, specialized estate planning, special education advocacy, guardianships and conservatorships, public benefits, employment, and residential issues. 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

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 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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