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  • 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

  • Guardianship | BUSCHKIN LAW FIRM

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

  • EB5 | BUSCHKIN LAW FIRM

    Back Immigrant Investor Program The EB5 visa offers US permanent residency in exchange for a minimum $900,000 investment in the United States. It is one of the fastest and most effective routes to a Green Card, which offers freedom to live, work, study or retire anywhere in America. The government makes 10,000 of these green cards available every year and, so far, the number of applicants has always been below the cap. The key advantage of this Visa is the speed with which you can get a green card. The downside is that it is a very complex legal area and the Visa petition requires extensive documentation. Also, the EB-5 Visa requires a substantial investment. Requirements & Eligibility There are 5 main criteria to get an EB-5 Visa. They are as follows: You must invest or be actively in the process of investing either $1,800,000 or $900,000 (the lower, $900,000 investment is permitted in rural or high unemployment settings, which are also known as “targeted employment areas,” or “TEA”) You must show that the funds come from a legitimate source The entire amount of the investment must be active or at risk (this means that you cannot just be thinking about buying a business, and you have to put up capital that could be lost) You must make the investment in a “new” or “existing business enterprise” (this allows you to create your own business or buy one); and You must demonstrate that the investment directly or indirectly results in the creation or preservation of ten full time jobs. If you can meet these criteria, you are well on your way to getting an EB-5 Visa. The process, though, is not simple, and you will need a qualified lawyer (and perhaps an accountant) to navigate through this complex area. When filing your petition you must apply to the United States Citizenship and Immigration Services (“USCIS”) and submit a number of required documents including: immigration forms, personal financial information, business plans, a legal brief summarizing how you have met all of the elements of the statute, and other supporting evidence. ​ CAPITAL INVESTMENT REQUIREMENTS ​ Capital means cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by immigrant investors, if they are personally and primarily liable and the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital will be valued at fair-market value in U.S. dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) will not be considered capital. Immigrant investors must establish that they are the legal owner of the capital invested. Capital can include their promise to pay (a promissory note) under certain circumstances. The minimum investment amounts by filing date and investment location are: ​ A targeted employment area can be, at the time of investment, either: A Rural Area: any area other than an area within a metropolitan statistical area (MSA) having a population of 20,000 or more An Area with high unemployment: Where the new commercial enterprise is principally doing business and the area has experienced an average unemployment rate of at least 150% of the national average unemployment rate. ​ ​ JOB CREATION REQUIREMENTS ​ An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees. Direct investment: not located within a regional center, must itself be the employer of the qualifying employees. Regional center: can directly or indirectly create full-time positions by creating: Direct jobs that establish an employer-employee relationship between the new commercial enterprise and the persons it employs. Indirect jobs created as a result of the new commercial enterprise. Troubled business: investors may rely on job maintenance. Must show that the number of existing employees is, or will be, no less than the pre-investment level for a period of at least two years. Application Process There are a number of steps that investors must complete to get a green card through the EB-5 visa program. The process is complicated, but if you have the funds, this is an excellent way for someone and their family to get green cards and ultimately become U.S. citizens. Here are the 5 (five) key steps to get an EB-5 Visa: ​ Step 1: Find The Appropriate Investment “Project” ​ Individual investor must locate an investment project or business on their own Investors can invest through “Regional Centers” Regional Center Pilot Program: investors can act more as passive investors and contribute funds to government-recognized entities ​ Step 2: Make a Capital Investment and Your Attorney Files an I-526 Petition ​ Invest the required investment amount in the project that they have chosen Often made into an escrow account I-526 Petition: Prove creation of 10 full time jobs, usually supported by a comprehensive business plan Prove that the funds came from a legitimate source ​ Step 3: Request for Information ​ An EB-5 Visa petition is an extremely complex and document-intensive petition New enterprise: the exact nature or basis of the financial data or strategy may not be apparent Government often requests additional information from applicants after the I-526 has been filed ​ Step 4: Apply For A Conditional Green Card (Part 1) ​ One of requirements for EB-5 is hiring 10 full-time U.S. workers Government will issue you a conditional green card for two years At the end of the two years: prove that you have hired the required employees Eligible for this conditional green card once their I-526 petition has been approved ​ Step 5: Removal of Conditions on the Green Card (Part 2) ​ File an I-829 petition 90 days prior to the anniversary of the date that the applicant first received their conditional residency Government usually issues a permanent green card around 6 months Wait for “USCIS” and Department of State to schedule an interview Before getting “official” green card, it has conditions imposed for a two-year period COMMON QUESTIONS WHAT ARE PHYSICAL PRESENCE REQUIREMENTS FOR EB-5 INVESTORS? There is no 180-day rule. If you have a green card, you are expected to live here and pay taxes. You are allowed to be abroad for a few months with good reason. If you out for more than one year, the green card is technically terminated. For this reason, you should apply for a re-entry permit which authorizes absences of up to two years, if approved. HOW CAN I TRAVEL WITH MY EB-5 I-829 RECEIPT NOTICE IN THE ABSENCE OF A GREEN CARD? The I-829 receipt extends your evidence of green card status for 18 months. Take a copy of the PR card, I-90 receipt and I-829 receipt. If you can get another passport stamp, get that, but they are hard to get these days. 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

  • Real Estate Law | BUSCHKIN LAW FIRM

    Back REAL ESTATE The Power Of Experienced Litigators In matters of real estate litigation and title insurance claims, having well-informed, experienced real estate attorneys at your side gives you a distinct advantage. Buschkin Law Firm has substantial experience in every facet of real estate litigation, title insurance claims, and title defence litigation. Buschkin Law Firm understands real estate law and the intricacies of commercial and residential real estate transactions. Whether the solution to a dispute lies inside or outside the courtroom, we work diligently to advocate our client’s position and reduce their exposure. When litigation is unavoidable, we are by your side ready to bring our legal knowledge and expertise to bear, finding the solution that is best for you. Real estate litigation generally refers to any dispute arising from a real property interest. We advise and represent clients on all aspects of real estate litigation and contractual disputes and help clients evaluate the legal and business issues that impact real estate contracts. We have a great deal of experience in handling diverse and complex litigation and contractual disputes, and in achieving successful outcomes. General Real Estate Practice Buschkin Law Firm has technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. We can help you in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. We also can help you with workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations. ​ During times of market uncertainty and legislative change, the real estate sector offers significant opportunities for companies that can target and manage potential risks. Strategic legal counsel based on a clear-eye assessment of market realities can help owners, developers, and investors reap the rewards of a volatile market. Buschkin Law Firm provides comprehensive and fully integrated services, we advise on the full range of sophisticated real estate transactions and construction projects, with a strong focus on portfolio transactions, complex and alternative financings, large-scale development and redevelopment projects, and high-stakes dispute resolution. We offer cogent counsel on all aspects of real estate transactions, from acquisitions and financings to leasing and sales, and help clients navigate and comply with shifting environmental regulations. In addition, should a dispute arise, we vigorously litigate on our clients’ behalf. New York and New Jersey Residential Real Estate Attorney Real estate is an integral part of the economy in the New York Metro Area, there is a lot at stake in real estate transactions throughout New York and New Jersey . Our clients trust our services and rely on us to protect them at every stage of a transaction. If you plan to buy or sell a home or property in NYC or surrounding areas anytime soon, you will want to work with an experienced new York and New Jersey residential real estate lawyer. Hiring an attorney who specializes in New York and New Jersey real estate can protect your rights, make the process easier by ensuring that all contracts and documents meet legal requirements, and identify any potential problems with the agreement to prevent future legal complications. Buschkin Law Firm can help you in the following ways: We help you review and prepare all information related to your purchase. This involves interpreting real estate laws, regulations, and policies, as well as developing specific contracts and agreements. When buying or selling real estate, you will come across a lot of new information, and some of it may be confusing. A lawyer can help you understand the language of the real estate world, facilitate the transfer of titles and funds, ensure you meet your contractual agreements, and prevent you from facing surprises at closing. In addition to being knowledgeable about the real estate industry, Buschkin Law Firm can also help you feel secure in your specific investment. By entering a deal with legal representation, you’ll have a knowledgeable, skilled advocate who can identify any risks associated with this acquisition, protect your interests, and deliver the best possible outcome in your case. Buschkin Law Firm is not only valuable for our legal knowledge but also our negotiation skills, in and outside of the courtroom, we can help you during the deal-making process ensure you achieve a contract that minimizes risk and maximizes reward. What we offer Buschkin Law Firm handles complex and challenging matters for a wide array of clients, such as the owners, developers and financiers of the largest real estate projects, both in the private and public sectors. We are skilled in a broad spectrum of transactions that includes: Real estate finance Development Sales and acquisitions Land use and environmental matters Leasing Distressed asset workouts Real estate matters may require a range of services and present varied challenges. 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 Rule | BUSCHKIN LAW FIRM

    Back FTC Franchise Rule The Franchise Rule gives prospective purchasers of franchises the material information they need in order to weigh the risks and benefits of such an investment. The Rule requires franchisors to provide all potential franchisees with a disclosure document containing 23 specific items of information about the offered franchise, its officers, and other franchisees. The Federal Trade Commission (FTC) Franchise Rule is a disclosure rule that requires a franchisor offering or selling a franchise located in the United States of America to provide the prospective franchisee with the relevant information about the franchise. ​ Under Subpart B of the FTC Franchise Rule , the franchisor shall be in breach of the FTC Franchise Rule if it: (a) fails to furnish the prospective franchisee with the disclosure document fourteen calendar days before the prospective franchisee signs the franchise agreement or makes any payment in connection with the franchise; or (b) if the franchisor unilaterally modifies the terms and conditions of the franchise agreement without furnishing the prospective franchisee with a copy of the revised franchise agreement at least seven calendar days before the prospective franchisee signs the revised franchise agreement. ​ According to Subpart C of the FTC Franchise Rule , along with other formalities established therein, the disclosure document the franchisor shall provide to the prospective franchisee must contain the following material information: - A cover letter indicating: (a) the franchisor's name, type of business organization, principal business address, telephone number, and, if applicable, email address and primary home page address; (b) a sample of the primary business trademark that the franchisee will use in its business; (c) a brief description of the franchised business; and (d) the total investment required to begin the operation of the franchise. ​ - The following 23 items of disclosure information: (1) the franchisor and any parents, predecessors, and affiliates; (2) business experience; (3) litigation; (4) bankruptcy; (5) initial fees; (6) other fees; (7) estimated initial investment; (8) restrictions on sources of products and services; (9) franchisee's obligations; (10) financing; (11) franchisor's assistance, advertising, computer systems, and training; (12) territory; (13) trademarks; (14) patents, copyrights, and proprietary information; (15) obligation to participate in the actual operation of the franchise business; (16) restrictions on what the franchisee may sell; (17) renewal, termination, transfer, and dispute resolution; (18) public figures; (19) financial performance representations; (20) outlets and franchisee information; (21) financial statements; (22) contracts; and (23) receipts. Detailed information about each item may be consulted in Subpart C of the FTC Franchise Rule. ​ Under Subpart E of the FTC Franchise Rule , seven exemptions apply to the FTC Franchise Rule. As of July 1, 2020, the following are the thresholds applicable to those exemptions from compliance with the FTC Franchise Rule: (a) Sales where the buyer pays less than $615 for the franchise. ​ (b) Sales requiring a large investment where the franchisee pays at least $1,233,000, excluding the cost of unimproved land and any franchisor (or affiliate) financing; and ​ (c) Sales to large entities, such as multi-unit franchisees, airports, hospitals, and universities that have been in business for at least five years and have a net worth of at least $6,165,500. 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

  • Immigration | BUSCHKIN LAW FIRM

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

  • E2 Visa | BUSCHKIN LAW FIRM

    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. ​ 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

  • Living Wills | BUSCHKIN LAW FIRM

    Back Comprehensive Living Wills & Estate Planning Services Having peace of mind today sometimes requires planning for the future, we know how important it is to be prepared for any scenario. WHAT IS A LIVING WILL? A living will is a legal document that you sign, giving your doctors, family members, and loved ones instructions on the type of medical care you would like to receive if you are unable to communicate. Your living will can specify which life-prolonging procedures you agree to ahead of time, as well as those you do not consent to. Be sure to discuss your living will with your healthcare provider, as he or she can offer valuable insight into the details that may be necessary to include. Your religious beliefs may affect your final instructions and you should take time to discuss the drafting of a living will with your clergy so your living will reflect your religious beliefs. WHY DO I NEED A LIVING WILL? Sometimes injuries and illnesses leave people incapacitated and unable to communicate their end-of-life wishes. This can create a stressful situation for loved ones who must try to guess what the person’s wishes might be, and sometimes they will make decisions based on emotions rather than what their loved one would want. By drafting a living will, you remove all uncertainty about your end-of-life preferences and the sense of guilt your health care surrogate may have if there was no written living will. A written living will ensure that you will be treated the way you choose while also alleviating responsibility from the people closest to you. Your living will is not just about your care, it is also for the benefit of your loved one who will have to make that difficult end-of-life decision for you. A living will give them peace of mind as well. Whether you would like advice about drafting your living will appointing a power of attorney, managing trusts, or estate planning, contact us today to set up a consultation. 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

  • Area Development Agreements

    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

  • Wills | BUSCHKIN LAW FIRM

    Back WILLS We can assist you with drafting a Will and help your family to safeguard the interests of your beneficiaries during the probate process. HOW WE CAN HELP: Draft and maintain a Will that provides clear instructions on the disposition of your property Navigate through the maze of inheritance and intestacy laws A Will is the most basic instrument a person can use to bequeath property to her or his heirs. While state laws provide default rules for the disposition of an estate, it is often the case that those rules do not meet people’s requirements because they do not account for their individual circumstances. A properly drafted Will can become a useful tool, but, like any other part of your estate plan, it requires special attention to individual circumstances specific to you and your family, and continuous maintenance because circumstances do change. You can trust Buschkin Law Firm to steer you through the complexities of inheritance laws, including intestate succession laws. We can assist you with drafting a Will and handle the probate process in court with your loved ones when the unfortunate time comes for the disposition of your assets. Even with a Will, the probate process may be stressful and burdensome for a grieving family, and having an experienced attorney by their side can alleviate the burden and provide peace of mind during the trying time of mourning. 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

  • START-UP LAW | BUSCHKIN LAW FIRM

    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

  • About | BUSCHKIN LAW FIRM

    About Principal Attorney Samuil Buschkin Samuil Buschkin is a graduate of Syracuse University College of Law, where he earned his Juris Doctor in 2005. He was born in Latvia when it was still the Soviet Republic and immigrated to Germany as a child. In his adopted hometown of Berlin, Germany, he grew up with people from various ethnic and national backgrounds. Later on Samuil studied in Montreux, Switzerland where again he was fortunate to work and study with people from all over the world. Samuil's mindset is truly international. At adult age, Samuil found himself first as a student in college and then as a cultural exchange program participant and later on as an immigrant in the NYC area. While he has still strong connections to his home in Berlin, Germany, he has since adopted New Jersey as his new home. He especially embraces the multitude of cultures and the variety of people in the NYC area and its many immigrant ethnic communities. ​ Samuil earned a degree in hospitality management from Hotel Institute Montreux and New Hampshire College and has experience operating retail businesses, car rentals, hospitality establishments and understands contractual problems, vendor relations, employment relations, franchising, real estate acquisitions and commercial leasing from both a business and legal perspective. ​ Samuil is licensed in NY and NJ and is currently a member of the New York State Bar Association, the American Immigration Lawyers' Association and the New Jersey State Bar association. ​ He believes in the following maxim: Value is measured in results. Back 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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