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Investor (E-2) visa for hair salon purchaser from Canada

My clients were husband and wife. Husband had extensive management experience and wife had extensive experience in the hair design area. They purchased assets from an existing hair salon fora substantial mount of capital. The source of the investment was a gift from my client’s sister, which was well documented along with complete tracing of the funds to the purchase of the business assets.

My clients also created a business plan to create a unique, innovative upscale boutique salon. They leased the same premises as the seller and found employees when we filed the visa application. The interview went well and my client is now running a successful hair stalon.

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline a case study of the treaty investor (E-2) visa.  If you would like to discuss if you may qualify for investor (E-2) visa, call our experienced 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 investor (E-2) visa.

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O-1 visa for an Internationally Recognized Judo Champion

Our client, an alien of extraordinary ability in judo, has reached a high level of achievement and recognition.  She qualified for the new visa category O-1, by virtue of her fulfillment of more than three of the required criteria listed in the regulations:

(1) She is regarded as one of the world’s premier judo champions, and has competed in a number of the most competitive and prestigious women’s judo tournaments and the United States Open.  She won many international and national judo competitions.

(2) She was a referee at numerous national and international judo tournaments.

(3) She has been employed in a critical capacity at an organization with a distinguished reputations. She was the Head Coach of her country’s national women judo team and was also appointed as the Head Coach for her country by the Ministry of Youth and Sports.

(4) There are published materials about her in professional major publications.

She was offered a position of a Head Judo Coach for one of the top Judo clubs that petitioned successfully for her O-1 status.

Please note that this case study does not constitute a legal advice.  We simplified the law in order to showcase the O-1 requirements.  If you would like to discuss if you may qualify for O status, call our experienced O visa attorney at 480-425-2009 or contact an experienced O visa attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your O visa.

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H-1B status for an Electrical Engineer from India

Our client, a civil and environmental engineering firm, has hired an Engineer from India who completed a Master degree in Electrical and Computer Networking in the US. She started working for our client as her optional practical training. Our client was very happy with her performance and wanted to petition for her H-1B status.

We guided our client what evidence we need to submit and established that the employee meets the requirements for H-1B status. We have established that the position of the Electrical Engineer requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States and the foreign employee is qualified to perform services in the specialty occupation because she has attained a Master Degree in Electrical Engineering.  Congratulations!

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the H-1B requirements.  If you would like to discuss if you may qualify for H-1B status, call our experienced H-1B attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-1B status.

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P-1 visa for a Canadian golfer

An elite Canadian golfer came to our office seeking assistance with his P-1 visa in order to compete in the upcoming US golf tournaments and events. His agent was the petitioner.

First, we had to establish that our client is an internationally-recognized and respected golfer. We submitted supporting documents of his achievements and reputation as a professional golfer:

( i ) Evidence of his participation to a significant extent in a prior season in a major United States golf tours events; 
( ii ) Evidence of his participation in international competitions;
( iii ) Evidence of his participation to a significant extent U.S. college or university in intercollegiate competitions; 
( v )   Evidence that he is ranked; and 
( vi) Evidence that he has received a significant honors and awards in the sport. 

We have also submitted an itinerary of the golf events he plans to participate. The petition was approved without any problems and his P-1 visa was issued based on the approved petition. Congratulations!

This blog does not constitute a legal advice.  We simplified the law in order to outline a case study of the P-1 visa process for an internationally recognized athlete, in this case a golfer.  If you would like to discuss if you may qualify for P visa, call our experienced P visa attorney at 480-425-2009 or contact an experienced P visa attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your P visa.

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Investor visa (E-2) for franchisee from Canada

Our client has been operating a successful franchise in Canada and identified an opportunity for her business in the fast growing Phoenix area. She formed an Arizona company and transferred her franchise territories to Arizona. We had to establish the value of the investment to establish that her investment is “substantial”. We has also established that the enterprise is real and doing business along with a business plan for Arizona operations. We had to also show that the investment is not marginal. The business certainly require employees to run the business and had healthy financials.

We guided our client through the E-2 visa process, prepared the investor visa (E-2) application and assisted her with the interview. The investor visa was approved in just a few weeks.

Please note that this blog does not constitute a legal advice.  We simplified the law in order to outline a case study of the treaty investor (E-2) visa process.  If you would like to discuss if you may qualify for investor (E-2) visa, call our experienced 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 investor (E-2) visa.

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Treaty investor (E-2) visa for a restaurant owner from Canada

Our client came to our office seeking help with her E-2 visa. She was in the process of purchasing a full service restaurant in the Phoenix area for $150,000. The source of investment was the sale of her home in Canada. We documented well that the restaurant was real and doing business. The restaurant was well established and was operating in the Phoenix area for years. We had also sufficient documents to show that the investment was “substantial” and not marginal. The restaurant had more than 20 employees and healthy financials. We also submitted a business plan how to increase profit of the restaurant and create additional jobs.

We prepared the visa application and prepared our client for the interview. The interview went well and visas were approved for our client and her husband and a child. Congratulations!

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the treaty investor (E-2) visa process.  If you would like to discuss if you may qualify for investor (E-2) visa, call our experienced 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 investor (E-2) visa.

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Fiancée visa for fiancée from Russia

Our client is a US citizen who met his fiancee, a Russian citizen living in Belarus, two years ago. They kept in touch and met one year later when my client visited Belarus. My client is divorced and his fiancée is widow. After he returned from his trip, he visited our office and retained us to get a fiancée visa for his fiancée.

First, we filed a petition for a fiancée, which took four months to approved. Then, the case was sent to the National Visa Center and from the National Visa Center to the U.S. Embassy in Warsaw, Poland where is done the
fiancée (K-1) visas processing for residents of Belarus. We prepared the
fiancée (K-1) visa application and affidavit of support and prepared the
fiancée for the interview. The interview went smoothly just before the US Embassy suspended its regular visa service due coronavirus pandemic. The fiancée obtained her fiancée (K-1) visa valid for five (5) months. Congratulations!

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

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H-1B visa for a Business Analyst approved

Our client is a citizen of China and was offered a position of a Business Analyst by a manufacturer of body armor safety products. We were happy that we did not have to go to court like other lawyers who had to previously challenge the flawed denial of H-1B petition for the same position. We submitted the court decision directing the USCIS to change status to H-1B and finding that the USCIS has failed to meet the fundamental threshold for rational decision making.

The Business Analyst analyzes sales trends, seasonal trends, inventory to provide insights on ways the business can drive sales and provides tools to the manufacturing, marketing and sales team to better project performance and highest areas of opportunity.

The position of Business Analyst is a specialty occupation as defined in section 214(i)(1) of the Immigration and Nationality Act and 8 CFR 214.2(h)(4)(ii)(A). It meets more than one of the four criteria in 8 CFR 214.2(h)(4)(iii).  Under 8 CFR 214.2(h)(4)(iii), to qualify as a specialty occupation, the position must meet one of the following criteria:

(a) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;

(b) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;

(c) The employer normally requires a degree or its equivalent for the position; or

(d) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

In this case, we provided evidence that a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the position of Business Analyst, the degree requirement is common to the industry in parallel positions among similar organizations and the position of the Business Analyst is so complex or unique that it can be performed only by an individual with a degree. 

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

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E-1 visa for importer approved in 13 days

Our client imports salt lamps and other products from his country. We applied for premium processing of the change of his status and his case was approved in 13 days.

In order to obtain E-1 visa or status, the following has to be established: (i) a treaty exists; (ii) the individual or business possesses the nationality of the treaty country; (iii) the activities the foreign national will engage in constitute trade; (iv) the trade is substantial; (v) the trade is principally between the US and the treaty country; and (vi) the foreign national intends to depart the US when the E-1 status terminates.

In this case, our client’s country has a treaty with the US. The import of such product constitute trade. He imports the product only from his country, so the trade is principally between the US and his country and the trade is “substantial”. “Substantial” means an amount of trade sufficient to ensure a continuous flow of international trade between the US and his country. Our client has already shipped three containers of the product to the US, has relationships established and plans to shipped future regular shipments, so we were able to show that the trade is substantial.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the E-1 process.  If you would like to discuss if you may qualify for E-1 status, call our experienced E-1 attorney at 480-425-2009 or contact an experienced E-1 attorney via our website to schedule a consultation. We will be happy to discuss how we can help you obtain your E-1 visa.

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National Interest Waiver approved for Senior Power System Engineer

It is great to see another National Interest Waiver (NIW) case approved. The National Interest Waiver is only available for members of professions holding advanced degrees or aliens of exceptional ability (EB-2). The advantage is that the foreign national can self-petition and does not need a job offer, test the market and obtain a labor certification.

In order to get the the NIW approved, we has to show three (3) criteria: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that (s)he is well-positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the U.S. to waiver the job offer and labor certification requirement. The foreign national must also show that (s)he “otherwise merits a favorable exercise of discretion” because the NIW is discretionary.

In this case, our client is a Senior Power System Engineer and has worked fir power utility companies abroad and in the U.S. With respect to the first criterion, we documented his research and implementation of practical solution to protect national power grid from an unauthorized access and terrorist threats. The nation power system is one of the national interest assets a nation has and its operation, safety and security is the key to the economy and people’s well being. 

Our client made also important contributions towards energy efficient systems. His research lead to a new software tool used to estimate energy efficiency of induction motors. He made contribution toward a new way of bench marking industrial systems in his country. He made also contribution in the wind energy conversion systems. The energy efficiency and renewable energy systems are important areas of the U.S.’s national interest. We were able to establish that his achievements have both substantial merit and national importance and satisfy the first criterion.

With respect to the second criterion, we established that our client has demonstrated a past history of achievement in the field of Power Systems (in the area of electric machine efficient design and controls, power system modelling, analysis and stability and power grid protection and controls for safe and resilient operating) with some degree of influence in the field as a whole.  Further, his past accomplishments have set him apart from his peers and other professionals in the field.  The overwhelming evidence established that his work has had and will continue to have a nationally significant impact and is well positioned to advance his contribution in the area so critical to national economy and safety.   Accordingly, the second criterion was met.

We were also able to establish the third criterion, that at on balance, it would be beneficial to the US to waive the job offer and labor certification requirements, and that he otherwise merits a favorable exercise of discretion. The field of Power Systems is unique in the sense that involves large and complex systems that harmoniously work together to generate, transmit and distribute reliable power on large areas at national level and even internationally.  The advancement of new technologies in all fields requires power systems engineers to stay up to speed when it comes to the application of new concepts. This makes the power systems engineering field very challenging and only few get to the point to fully understand the complexity and the level of detail required to design, install, test, commission, operate and monitor such systems. Therefore, there are fewer and fewer experts that could undertake the challenges of a more and more complex power grid.  Our client is one of those few and we can’t wait to see what he can accomplish now with his green card. Congratulations!

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the NIW process.  If you would like to discuss if you may qualify for the National Interest Waiver, call an experienced NIW attorney at 480-425-2009 or contact an experienced NIW attorney via our website to schedule a consultation. We will be happy to discuss the best course of action and how we can help you obtain a legal permanent residence.