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Is US-Canada border still closed for non-essential travel?

The land border between the US and Canada remains closed until October 21, 2020 for “non-essential” travel. The travel restrictions do not apply to travel by air, sea and to freight rail. The “essential travel” includes but is not limited to: (i) U.S. citizens and legal permanent residents, (ii) international students, (iii) people traveling to receive medical treatment, (iv) emergency responders and public health officials, (v) truck drivers moving cargo or other individuals engaged in international trade, (vi) official government and diplomatic travel, and (vii) members of the U.S. armed forces and their spouses and children.

Most U.S. ports of entry interpret the restrictions that only B1/B2 travel is prohibited, while other ports of entry interpret the restrictions more narrowly and require proof of “essentiality”. The Customs and Border Protection is still performing routine adjudications of TN and L-1 petitions at the land ports of entry, although some land ports are requiring proof that the proposed employment is “essential”.

Canada’s Quarantine Act requires anyone who is permitted to enter Canada to self-isolate for 14 days following entry to Canada (unless they are flag-poling).

Please note that this article does not constitute legal advice.  We simplified the law to outline the law. If you to schedule a consultation, call our experienced immigration attorney at 480-425-2009 or schedule your consultation online.

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Does “trade” include only international exchange of goods for purposes of E-1 visa?

E-1 visa requires (a) a treaty, (b) the individual or business possess the nationality of the treaty country, (c) the activities the applicant will engage in constitute “trade”, (d) the trade is substantial and (e) principally between the US and the treaty country, (f) if an employee is the applicant, (s)he is destined to an executive or supervisory position or possesses essential skills to the US operation and (g) intends to depart the US when the E-1 status terminates.

The items of “trade” include but are not limited to goods, services, international banking, insurance monies, transportation, communications, data processing, advertising, accounting, design and engineering, management consulting, tourism, technology and its transfer, and some news-gathering activities.   As you can see, it does not have to be only physical goods.  Here is an example.

My client owns a Canadian franchised custom home building and renovation company that offers its clients the home building and renovation services through the company’s network of franchisees. My client formed a US company to engage in the business of offering and granting franchises in the United States.  The Canadian company provides accounting, legal, broker, marketing and training services to the US company.  There is an actual exchange of services and moneys that create transactions considered “trade”.   E-1 visa was approved quickly.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of E-1 visa.   If you would like us to discuss if you qualify for E-1 visa and help us get you an E-1 visa, call our experienced E-1 visa attorney at 480-425-2009 or schedule your consultation online

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What Is a “Substantial” Amount of Capital for an E-2 Investor Visa?

The E-2 investor visa provides an excellent opportunity for foreign nationals from countries that have treaties of commerce and navigation with the U.S. to come to the U.S. to develop and manage the operations of a business. A frequent question of foreign investors considering applying for an E-2 investor visa is: ‘What is considered a “substantial” investment?” Our immigration lawyers can tell you that, unlike the minimum investment requirement for an EB-5 investor visa (“green card”), which is $1 million or $500,000 in targeted employment areas, there is no set dollar amount that has to be invested in order to be considered “substantial” investment for E-2 visa purposes. A substantial amount of capital for E-2 purposes constitutes an amount that is substantial in the proportionality sense.

The proportionality test compares the total amount invested in the enterprise with the cost of either purchasing an established enterprise or creating a viable new enterprise. The lower the cost of the business, the higher the percentage of investment is required. On the other hand, a highly expensive business would require a lower percentage of qualifying investment. Thus, investments of 100 percent or a higher percentage would normally automatically qualify for a small business of $100,000 or less. On the other hand, an investment of $10 million in a $100 million business would likely qualify, based on the sheer magnitude of the investment itself.

The “substantial” investment has to be large enough to lead to the successful operation of the E-2 enterprise and must be more than marginal (must have the capacity to generate more than enough income to provide a minimal living for the investor and his family). What constitutes a substantial investment is different for different industries. If an investor wants to start a manufacturing business or any other capital-intense business, $100,000 will not constitute a substantial investment. However, $100,000 or a lower amount may be sufficient for service businesses. We have helped numerous foreign investors to get E-2 investor visas for a $100,000 investment in service businesses. We recently obtained an E-2 visa for a Canadian investor who purchased an existing service business in Arizona for $70,000. The U.S. Citizenship and Immigration Service has approved E-2 visas even for smaller investments. Our most recent case was an E-2 visa for a Canadian investor who purchased an Arizona retail business for $250,000.

If you are looking to invest in a business or enterprise in Arizona or anywhere throughout the United States, call the Juras Law Firm, PLC  in Scottsdale, AZ to speak with an experienced E-2 visa attorney. Call our office at (480) 425-2009 to schedule an appointment now! We understand that the visa application process is complex; an experienced Arizona E-2 visa attorney is here to answer your questions.

 

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Arizona Immigration Attorney Announces Recent Legal Immigration Cases via K-1 and E-2 Investor Visas

Irena Juras, Phoenix, AZ based immigration lawyer assisted another two clients in finalizing their U.S. immigration cases.

Phoenix, AZ (September 9, 2014) – Citizens of countries outside the United States seek to immigrate to the U.S. for many reasons, often times financial, but others a matter of the heart. Recently, Irena Juras of Juras Law Firm assisted two clients who fell into those categories: a Canadian citizen who wanted to legally invest in a U.S. based company and a U.S. citizen who wanted to immigrate his Philippine born fianceé.

The first case involved a Canadian investor who wished to take advantage of the E-2 Treaty Visa, commonly an alternative to the EB-5 Investor Visa.  This type of visa allows a national of a treaty country to enter the United States to develop and direct a business in which (s)he invested, or in which (s)he is actively in the process of investing, a “substantial” amount of capital.  In this case, the gentleman sought to invest in an Arizona based retail business, his E-2 Investor Visa was approved by the U.S. Embassy in Toronto in late August.

Irena second case involved a young couple who sought to get married in the United States.  Irena’s client, a U.S. born citizen, engaged Juras Law Firm to help his fiancée in the Philippines acquire a fiancée (K-1) visa to the United States.  What’s notable about this case is the fact that the fiancée was able to get the visa in only two months, whereas the average processing time is normally five months.  The fiancée legally entered the U.S. and was married within 90 days.  Irena then filed the application to adjust status to a conditional resident status which was approved in three months.

“While most people see the negative headlines associated with immigration, I’m happy to highlight the many benefits of legal immigration to our country, whether it is for investment purposes or assisting two people who love each other in getting married,” commented Irena Juras.
About Juras Law Firm

Named a Top Immigration Lawyer by North Valley Magazine and Avvo, Irena Juras  is a highly respected attorney throughout the U.S. and overseas. As head of Juras Law Firm, an Immigration and Bankruptcy Law Firm in Phoenix, AZ, Irena is an immigrant herself from the Czech Republic, studying and practicing law in the Czech Republic before moving to the United States. Irena is currently licensed to practice law in both Arizona and New York. The firm has represented clients from over 100 countries and 6 continents in immigration matters and international transactions.  Irena has over 20 years experience in immigration law and bankruptcy.

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EB-5 Visa Helps Canadian Investors Thrive in Growing U.S. Economy

Irena Juras, top U.S. immigration lawyer, sees uptick in number of Canadians investing in the Southwest.

Phoenix, AZ (August 25, 2014) – Taking advantage of a burgeoning marketplace and a flourishing economy, especially in energy-rich states, many Canadian investors are choosing to take advantage of the EB-5 Visa program.

Foreigners with at least $500,000 [NOW $900,000] capital wishing to pursue permanent residency in the United States may apply for an EB-5 Visa.  The program, created by Congress, is a way to create more jobs and stimulate the economy. This program requires that foreigners invest at least $500,000 and create 10 full time jobs for U.S. employees within two years. The standard investment for an EB-5 visa is $1,000,000 [NOW $1.8 MILLION] or $500,000 [NOW $800,000] if the candidates invest in rural areas or targeted employment areas. When investing in commercial real estate, such as an apartment building, which doesn’t create at least 10 jobs, the investor has the option of obtaining an E-2 Visa.

“The affordable real estate market in the southwest combined with a lack of red tape to start a new corporation has really boosted the number of Canadians investing in the U.S.,” explained Irena Juras of the Juras Law Firm.

Demand among foreign investors is increasing, though there is a limit of 10,000 visas issued per year including spouses and dependents.  Of the 10,000 EB-5 visas which are available annually, 3,000 of the visas are reserved for investors of Regional Centers.   Regional Centers are economic units that promote job creation and investment in a specific region of the U.S.
About Juras Law Firm

Named a Top Immigration Lawyer by North Valley Magazine and Avvo, Irena Juras is a highly respected attorney throughout the U.S. and overseas. As head of Juras Law Firm, an Immigration and Bankruptcy Law Firm in Phoenix, AZ, Irena is an immigrant herself from the Czech Republic, studying and practicing law in the Czech Republic before moving to the United States. Irena is currently licensed to practice law in both Arizona and New York. The firm has represented clients from over 100 countries and 6 continents. in international transactions and immigration matters   Irena has over 20 years experience in immigration law and bankruptcy law.