Sep
25

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Can E-2 investment “count” toward EB-5 investment?

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, E-2, E-2 to EB-5 transition, E-2 visa, EB-5 visa, EB-5 visa attorney, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, Immigration Lawyer Scottsdale, Top EB-5 attorney in Phoenix

E-2 visa is for investors from treaty countries who invest “substantial” amount of capital into a US business. E-2 visa allows them to manage that business. E-2 visa has to be renewed every few years, depending on the treaty. A major downside of E-2 visa and a significant motivator for converting to the EB-5 green card is the problem of children of E-2 investors who are not eligible for E-2 dependent visas once they turn 21.

While there is no dollar amount for E-2 visa, in order to get EB-5 green card, the investor has to invest at least $900,000 in certain targeted employment areas or $1,800,000 anywhere else. While the E-2 capital investment may be counted towards the EB-5 investment, retained earnings or revenue generated by the E-2 investment may not be counted toward EB-5 investment. The investor must draw funds from the E-2 business and invest personal funds in order to “count” towards EB-5 investment.

In addition, the business must already have created the requisite ten jobs, or demonstrate that it will create the remaining jobs needed to meet the ten-job threshold within two years of the grant of conditional permanent resident status.

Planning and navigating the transition from E-2 to EB-5 can be a complicated process. If you would like to transition from E-2 investment to EB-5 investment and obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the transition from E-2 visa to EB-5 green card.

Aug
30

By

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

Category: Best E-1 visa attorney in Phoenix, Best immigration attorney, Canadian investors in Phoenix, Canadians in Arizona, Canadians in Phoenix, Czech investors, E-1, E-1 visa attorney, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor Visa Attorney, Non-immigrant visas, Top immigration attorney, Uncategorized, visa for Canadians Tags: , , , , ,

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. 

Aug
30

By

How long does the adjustment of status takes in Phoenix?

Category: Adjustment of status, Best immigration attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Top immigration attorney, Uncategorized Tags: , , , , , ,

My clients met online and at the end of the foreign national US visit, they decided they don’t want to be separated any longer and got married.  We filed the petition with the USCIS and an adjustment application last July and the adjustment interview was scheduled for March.   In this case, it took7 months to have the adjustment application approved.  

The USCIS average processing time of the adjustment applications in Phoenix is now 9.5 – 29.5 and it’s been updated regularly.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one marriage green card processing time.  If you would like us to obtain a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
30

By

Self-petition of abused spouse of US citizen (VAWA) approved

Category: Best immigration attorney, Green card, Green Card based on Marriage, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage green card attorney in Phoenix, Physical and verbal abuse, Top immigration attorney, Uncategorized, VAWA, VAWA attorney in Phoenix, VAWA attorney in Scottsdale Tags: , , , , , , ,


This case originally started as a regular marriage green card case.  US citizen husband filed for his foreign spouse and their child was born.  Soon after the birth, the US citizen started to abuse his wife verbally and physically.  She tried everything, but at the end had no choice but to leave the household.   We documented the abuse, filed a self-petition for her and have her petition approved.   She can now safely raise her child without worries about her abusive ex-husband. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline one case of an abused wife of a US citizen who we helped to get her green card.  If you are subject to a physical or psychological abuse by your US spouse and need help with your green card process pursuant to the Violence Against Women Act (“VAWA”), call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
30

By

Fiancé visa during COVID-19 pandemic

Category: Fiancé(e) visa, Fiancé(e) visa attorney Scottsdale, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Legal Permanent Resident Status, Marriage Green Card, Top immigration attorney, Top immigration attorney in Phoenix, Uncategorized Tags: , , , , , , , ,

We started this process when a US citizen came to my office a year ago to petition for her fiancé in the Middle East.  They met online and have been communicating remotely for several years.  Last year, her fiancé traveled to the US and they met in person, which allowed us to file the petition for her fiancé.  It took only 3 months to have the petition approved by the USCIS.  Then, the case was sent to the National Visa Center and in four weeks the National Visa Center sent the case to the US Embassy in Jerusalem.  The interview was scheduled in 10 weeks and the visa was approved.  Then, the US Embassy put the case in administrative processing. At the end, the fiancé visa was issued, the fiancé entered the US and just married his fiancée and we are getting ready to file the adjustment application. 

Please note that this article does not constitute a legal advice.  We simplified the law to outline the marriage green card process and discuss the processing time of the marriage green card. If you would like to discuss if you may qualify for a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
27

By

How long does it take to get a marriage green card?

Category: Best immigration attorney, Best marriage green card attorney in Phoenix, Best marriage green card attorney in Scottsdale, Green Card based on Marriage, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Marriage Green Card, Marriage green card attorney in Phoenix, Marriage green card attorney in Scottsdale, Top immigration attorney Tags: , , , , , ,

The marriage green card process is usually a very happy process. The newlyweds are excited and full of expectations for their happy lives together. The process is different if the foreign national is already in the US or if the foreign national is still in a foreign country.

If the foreign national spouse is still living in a foreign country, the process
starts with filing of a petition for the foreign national spouse. The average processing time to have the petition approved is now 6 – 7.5 months. Once the petition is approved, it’s sent to the National Visa Center, which takes approximately 30 days. The National Visa Center will need some documents to be submitted and the immigrant visa application needs to be filed. Once the National Visa Center receives all documents, it sends the case to the US Embassy or Consulate for an interview. The time it takes to schedule the interview depends on the US Embassy or Consulate. The interview is usually scheduled within a few months. Some US Consulates take longer to schedule an interview, for example in Ciudad Juarez in Mexico it is taking 6-8 months to have the interview.

If the foreign national is already in the US and is eligible for an adjustment of status, the processing time depends where (s)he lives. For example, in Phoenix, the average processing time to adjudicate the adjustment application is now 9.5 -29. months.

Please note that this article does not constitute a legal advice.  We simplified the law to outline the marriage green card process and discuss the processing time of the marriage green card. If you would like to discuss if you may qualify for a marriage green card, call our experienced marriage green card attorney at 480-425-2009 or schedule your consultation online. 

Aug
27

By

How long does it take to get a fiancé(e) visa?

Category: Best fiancé(e) attorney in Phoenix, Best fiancé(e) visa attorney in Scottsdale, Best immigration attorney, Fiancé(e) attorney Phoenix, Fiancé(e) visa, Fiancé(e) visa attorney Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Top immigration attorney Tags: , , , , , ,

I’ve done a lot of fiancé(e) visas over the years, helping reunite happy couples. A fiancé(e) visa is for a fiancé(e) of a U.S. citizen who is planning to get married within 90 days of entering the U.S. With some exceptions, the couple needs to meet in person within 2 years prior to filing the petition.

So, how long does the process take? The first step is for a U.S. citizen to file a petition with the USCIS. The average processing time is now between 5 and 7 months. I had petitions approved as fast as in 6 weeks. Then, once the USCIS approves the petition, it sends the case to the National Visa Center and from the National Visa Center it is sent to the Embassy or Consulate for an interview. The time to schedule an interview depends on the Embassy or Consulate, usually within a few months. Of course, due to the COVID-19 pandemic, some US Embassies and Consulates are still closed and many are facing a backlog of cases from the time the US Embassies and Consulates were closed due to COVID-19.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the fiancé(e) (K-1) visa process.  If you would like to discuss if you may qualify for fiancé(e) (K-1) visa, call our experienced
fiancé(e) (K-1) visa attorney at 480-425-2009 or schedule your consultation online. We look forward to discussing how we can help you obtain K-1 visa for your fiancé(e).

Aug
26

By

H-1B petition for a Civil Engineer from India approved in 7 weeks

Category: H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney Tags: , ,

We filed a H-1B petition on behalf of a US structural and civil engineering services provider. Our client has hired a graduate from an US university with a Master degree in environmental and sustainable engineering as part of the employee optional practical training.

Fortunately, our client was selected in the H-1B lottery. With the petition, we submitted plenty of evidence that this position meets the criteria of a “specialty occupation” defined in H-1B regulations. In this case, we did not have any issue showing to the USCIS satisfaction that the position of Civil Engineer normally requires a degree and that at least a baccalaureate degree is normally the minimum requirement for entry into the position of the Civil Engineer.    In addition, the degree requirement is common to the industry in parallel positions among similar organizations and the position of the Civil Engineer is so complex or unique that it can be performed only by an individual with a degree as evidenced by the beneficiary’s work product.  

Please note that this article does not constitute a legal advice.  We outlined one case study of filing a H-1B petition. If you would like to discuss if you may qualify for H-1B status or you want to change H-1B employer, call our experienced H-1B visa attorney at 480-425-2009 or schedule your consultation online. 

Aug
26

By

Expansion of Interview Waiver Eligibility for Non-immigrant Visa Applicants

Category: Best E-2 attorney in Phoenix, Best immigration attorney, Best Investor visa attorney in Phoenix, E-1, E-2, Immigration attorney Phoenix, Immigration Lawyer Scottsdale, interview waiver, Non-immigrant visas, O visa, P visa Tags: , ,

The Department of State has temporarily expanded the ability of consular officers to waive the in-person interview for visa applicants applying for a non-immigrant visa in the same classification. This is a very good news. For example, I have applications to renew treaty investor visas (E-2) filed in March that are still pending and the consulate has not resumed in person interviews. Especially, for successfully entrepreneurs with solid financials who are employing workforce and otherwise meet the treaty investor visa (E-2) requirement, this makes a perfect sense.

At the time of COVID-19 pandemic, reducing in person interactions and the necessity to travel reduces the risk of COVID-19 transmission. This policy also helps with the backlog of visa applications that have been filed when the consulates were closed.

Previously, only those applicants whose non-immigrant visa expired within 12 months were eligible for an interview waiver. The expiration period has been temporarily extended to 24 months. This policy is in effect until December 31, 2020.

Please note that this articles does not constitute a legal advice.  We provided some information about the latest policy regarding the wavier of in-person interview of non-immigrant visas. If you would like to discuss if you may qualify for any non-immigrant visas, call our experienced immigration attorney attorney at 480-425-2009 or schedule your consultation online.  

Jul
31

By

How long will it take to process your EB-5 green card petition?

Category: Best immigration attorney, EB-5 visa, EB-5 visa attorney, Green card, Green card through investment, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor visa, Investor Visa Attorney, Legal Permanent Resident Status Tags: , , ,

Last year the processing times of EB-5 petitions drastically increased overnight, jumping from a range of 20.5 to 27 months to a range of 29 to 45.5 months. Today, the estimated processing time is between 46 and 74.5 months and for petition to remove conditions between 27 and 48.5 months.

One potentially positive development is that the USCIS has proposed significant changes in how it will prioritize the EB-5 petition adjudications. On January 29, 2020, the USCIS announced that starting March 31, 2020 it would no longer continue its “first-in first-out” approach to adjudications, and instead would shift to a visa availability approach. Applicants from countries where visas are immediately available will now be better able to use their approximate 700 visas annual per-country allocation of EB-5 visas.

In August 2014, the U.S. Department of State, announced the first instance of EB-5 visa unavailability in the EB-5 program’s history, affecting investors born in China. Until recently, three countries face significant EB-5 visa backlog: China, Vietnam, and India. Chinese EB-5 visa backlog rose to a 16.2 year wait prediction in an October 2019. Vietnamese investors were predicted to wait 7.1 years. Indian investors filing in October 2019 had roughly 6.7 years’ worth of EB-5 visas “in line” ahead of them. Now, the EB-5 visa backlog for Chinese investors is less than 5 years and 3 years for Vietnamese investors. There is no longer backlog for investors born in India.

Despite the large amount of registered China fifth preference demand, currently there are not enough applicants who are actively pursuing their EB-5 case to fully utilize the amount of numbers which are expected to be available under the annual limit. Further, the spread of COVID-19 could also sap visa demand along with suspending visa services. Long waits may also become commonplace for all future investors if Congress enacts country cap removal legislation. Chinese investors would stand to gain from country cap removal legislation, whereas rest of would face longer wait times.

Please note that this articles does not constitute a legal advice.  We provided some insights into EB-5 processing. If you would like to discuss if you may qualify for EB-5 investor green card, call our experienced EB-5 visa attorney at 480-425-2009 or schedule your consultation online.  

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