Sep
26

By

Does a position shared by several employees count as one full-time job for EB-5 job creation?

Category: Best EB-5 attorney in Phoenix, Best immigration attorney, Best immigration attorney in Scottsdale, Best Investor visa attorney in Phoenix, EB-5 job sharing, EB-5 visa, EB-5 visa attorney, Green card, Green card through investment, immigration Attorney in phoenix, Immigration attorney in Scottsdale, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investor visa, Legal permanent residency, Top EB-5 attorney in Phoenix, Top immigration attorney, Top immigration attorney in Phoenix Tags: , , , , , , , ,

In order to get an EB-5 green card through investment, the investor has to create at least 10 full-time jobs. A client wanted to invest in a restaurant where several employees would share some positions. Does that qualify?

To be considered a full-time job, it requires 35 hours a week. Where two or more employees share a full-time position it counts as one-full time job if they combine at least 35 hours per week. To demonstrate a full-time position is shared by more than one employees, the investor may should a written job-sharing agreement, we weekly schedule or evidence of the sharing of the responsibilities or benefits of a permanent full time position. However, two part-time jobs do not count.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the EB-5 green card process. If you would like to obtain an investment (EB-5) green card, call our experienced EB-5 green card attorney at 480-425-2009 or schedule your consultation online.

Sep
10

By

Does the period of adjudication EB-5 investor’s Form I-829 count towards the 5-year residency requirement for naturalization?

Category: Investor visa

Conditional permanent residents enjoy the same rights, privileges, responsibilities, and duties as Legal Permanent Residents, including the right to apply for naturalization. In order to be eligible for naturalization, the Conditional Resident must resident continuously in the US 5 years and must be physically present in the US for at least one-half of the 5 years. The time spent as Conditional Resident is credited toward the time required for residence and physical presence in the US for naturalization.

Conditional residents can apply for naturalization, but the naturalization cannot be granted before the Conditional Resident status is removed (before the I-829 is adjudicated).

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of EB-5 process.  If you would like us to obtain a green card through investment (EB-5), call our experienced EB-5 green card 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.  

Jul
30

By

New areas (TEA) allowing lower EB-5 investments

Category: Best Investor visa attorney in Phoenix, EB-5 visa attorney, Green card, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investment visa, Investor visa, Investor Visa Attorney, Legal permanent residency, Legal Permanent Resident Status, Top immigration attorney, Uncategorized Tags: , , , ,

On November 21, 2019, new EB-5 regulations became effective. They brought some changes to the EB-5 program.

One of the likely consequence of the new EB-5 regulations is that the Targeted Employment Area (TEA) designation (enabling a lower investment threshold) will be harder to get and urban TEAs will be driven to lesser-developed locations.

In order to be designated as a TEA, the EB-5 project must be located in either a rural area or in a location that has high unemployment. 

Prior to the effective date of new EB-5 regulations, the TEA designation was made at state level and most states had very liberal TEA’s designation policies, even in economically robust urban zones. Consequently, more than 95% of EB-5 investments were made in TEA-located projects. Under the new EB-5 regulations, USCIS is no longer deferring
to TEA designations made by state and local governments and is
directly reviewing and determining the designation of high-unemployment TEAs.

Under the previous regulations, it was quite common to aggregate census tracts to create Regional Center EB-5 offerings even in some of the nation’s most high-priced neighborhoods. Census tract combination for high-unemployment TEAs is now much more restrictive: census tract aggregation is limited to the project tract(s) plus some or all of the tracts that are “directly adjacent” to the project tract. Utilizing census block groups (a census tract is made up of several block groups) is no longer allowed. 

Some EB-5 industry experts (analysts and economists) estimate that approximately two thirds of the projects that had qualified before will not qualify for TEA status under the revised standard.

Please note that this articles does not constitute a legal advice.  We outlined only one aspect of new EB-5 regulations and its consequences.  If you would like to get a green card through an investment (EB-5), call an experienced EB-5 immigration attorney at 480-425-2009 or schedule your consultation online.

Jun
29

By

Treaty investor (E-2) visa for Czech dealer of motorized surfboard

Category: Best E-2 attorney in Phoenix, Best immigration attorney, Best Investor visa attorney in Phoenix, Czech investors, E-2 attorney, E-2 visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration Lawyer Scottsdale, Investment visa, Investor visa, Investor Visa Attorney, Top immigration attorney, Treaty investor (E-2) visa for investors from Czech Republic Tags: , , ,

My client, a Czech entrepreneur, formed a US company that entered into a dealer agreement with importer of motorized surfboard manufactured in the Czech Republic. Motorized surfboard is an ultra-light high tech personal watercraft and MotoSurf is one of the fastest growing sports.

My client’s company focuses on marketing, sales and service of motorized surfboards boards. The investment was “substantial” and consisted with showroom construction, furniture, equipment, tools, event expenses, payroll and other related expenses. The company started with just four employees and is expanding quickly.

The investment is not marginal and the enterprise is real and doing business. The treaty investor (E-2) visa was approved pursuant to bilateral treaty between the US and the Czech Republic.

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the treaty investor (E-2) visa requirements.  If you would like to discuss if you may qualify for treaty investor (E-2) visa, call our experienced treaty investor (E-2) visa attorney at 480-425-2009 or contact an experienced treaty investor (E-2) attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your treaty investor (E-2) visa.

Nov
19

By

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

Category: Canadian investors in Phoenix, E-2 attorney, E-2 visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Investment visa, Investor visa, Investor Visa Attorney, visa for Canadians Tags: , , , ,

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.

 

Sep
11

By

EB-1 Extraordinary Ability Visa for Athletes

Category: "Extraordinary Ability" Green Card, "Extraordinary Ability" Visa, Best immigration attorney, Best Investor visa attorney in Phoenix, EB-1 Visa, Green card, Investment visa, Investor visa, Investor Visa Attorney, Top immigration attorney Tags: , ,

More and more gifted athletes are being recruited from all over the world to play professionally sports like basketball, football, soccer and baseball in the U.S. In addition, thanks to state-of-the-art training facilities like the one in Colorado Springs, Colorado, more and more athletes are coming to the U.S. to train for events like the Olympics, the World Cup and international bicycle racing. Many of these athletes, professional and amateur alike, often want to establish permanent residency in the United States.

An EB-1 visa is for foreign nationals with extraordinary ability in the sciences, arts, education, business or athletics seeking to establish permanent residency in the United States. To obtain an EB-1 visa, the foreign athlete must be able to demonstrate extraordinary ability in athletics, seek to enter the U.S. to continue in the same field and show that his or her entry will substantially benefit the U.S. The athlete must demonstrate “sustained or international acclaim” and that his or her achievements have been recognized in his or her field.

An example of a foreign professional athlete who has been awarded EB-1 visa and green card is professional golfer Nick Price, a native of Zimbabwe. He has 18 PGA tour wins (3 majors), a former #1 world ranking to his credit and was inducted into the World Golf Hall of Fame.

Another example of a foreign athlete who received EB-1 visa and green card is Robert Cheseret, a Kenyan-born long-distance runner who won the men’s title for the U.S. at the 2011 NACAC Cross Country Championships. Cheseret had a total of eight Pac-10 titles during his career – the most ever by a Pac-10 track and field athlete. Cheseret went on to capture the NCAA West Regional individual crown and was the Pac-10’s top finisher at the NCAA Championships with a tenth-place finish.

The athlete must either show a one-time achievement such as a major internationally recognized award or evidence of three of the ten categories. There are several major advantages for foreign athletes applying for the EB-1 visa. Athletes do not need to obtain labor certification or provide proof of a job offer. Consequently, this method is usually faster way to obtain a green card than applying for EB-2 or EB-3 immigration visa. The foreign athlete must show that (s)he meets all requirements of EB-1 extraordinary ability visa. While some athletes may be able to obtain EB-1 extraordinary ability visa without a lawyer, in order to obtain an approval, it’s advisable to hire an experienced EB-1 extraordinary ability visa attorney. Please call 480-425-2009 today or send us an email and we will help you obtain your EB-1 extraordinary ability visa (green card).

Jul
21

By

USCIS Processing Times for EB-5 Investor Visas (Green Cards) Released

Category: EB-5 visa, EB-5 visa attorney, Green card, Investor visa, Investor Visa Attorney

The U.S. Citizenship and Immigration Services released an updated processing report for EB-5 investor visa applications.  EB-5 investor visas are permanent visas (green cards) for investors who invest $1.8 million (or $900,000 in targeted employment areas) and create 10 jobs.  The average processing time for an EB-5 investor visa application is now 32.5 – 49.5 months.  Once the application is approved, the investor receives a conditional permanent resident status for two years.  Then, within 90 days before the second anniversary of obtaining the conditional permanent resident status, the investor has to file a petition to remove conditions on his or her residence.  The average processing time to remove conditions on residence is 21 – 45.5 months.  The investors who do not want to be actively involved in directing their investment, can invest through one of the approved regional centers.  The processing time for an application to designate a regional center is 5.4 months.  If you would like to discuss the best way to obtain EB-5 investor visa (green card), CALL us TODAY at 480-425-2009 or contact us via our website, and experienced EB-5 investor visa attorney will help you!

Jan
11

By

What Is the Difference Between an E-2 Visa and EB-5 Visa?

Category: E-2 visa, EB-5 visa, Investor visa

While E-2 investor visas are temporary visas always issued for a limited period of time (several years), EB-5 visas are permanent visas. E-2 visas are based on a treaty between the U.S. and the country of the investor’s citizenship. If there is no treaty between the U.S. and the country of the investor’s citizenship, the investor cannot get an E-2 visa. EB-5 visas are not limited to only investors from some countries. The investment amount for an EB-5 visa is $1.8 million or $900,000 in a Targeted Employment Area.

There is no dollar limit for an E-2 visa, but the investment amount has to be “substantial”. In order to qualify for an EB-5 visa, an investor has to create 10 full-time jobs for U.S. workers. E-2 investor has to create at least one job for U.S. workers. For more information about E-2 and EB-5 visas from our law firm, call the Juras Law Firm, PLC office in Scottsdale, AZ to talk with an experienced attorney at 480-425-2009.