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Loan proceeds qualify as cash for EB-5 investment

D.C. Circuit Court ruled that loan proceeds qualify as cash under the EB-5 Program. Under a contrary interpretation, USCIS treats the investment as indebtedness rather than cash subject to additional requirements. Specifically, a loan may qualify as capital for EB-5 investment only if they are secured by assets owned by the investor. The court rejected such collateralization interpretation.

Please note that this article does not constitute a legal advice.  We simplified the law to outline only one aspect of the latest development of 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.

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How to qualify for treaty trader (E-1) visa?

Two Mexican citizens established a US company to import fresh produce from Mexico and sell it in the U.S. and Canada. Each member held 50% interest in the US company. Each member invested “substantial” amount of capital and put it “at risk”. The company rented office space and and warehouse, obtained a license for the US Department of Agriculture, a Blue book rating, registered trademark, hired customs broker and incurred marketing and warehouse expenses. The company created job opportunities for US workers – hired a full time sales representative and started interviewing for other positions. During its first season, the company generated very healthy profit and took steps to increase its marketing efforts to increase sales and visibility.

We established that the trade is already in existence, it is “substantial” and principally (more than 50% of total volume of international trade) between the US and Mexico.

Please note that this article does not constitute a legal advice.  We simplified the law to outline one treaty trader (E-1) visa case study. If you would like to obtain a treaty trader (E-1) visa, call our experienced E-1 visa attorney at 480-425-2009 or schedule your consultation online.

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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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What are the income requirements for marriage green card?

In order to obtain a green card (legal permanent resident status), the green card applicant must submit an affidavit of support by a sponsor.   The sponsor must be a US citizen or legal permanent resident, 18 years of age, domiciled in the and have an income 125% above the federal poverty line. In 2020, an income 125% above the federal poverty line for a household of 2 people is $21,550, for a household of 3 people $27,150 and for the household of 4 people is $32,750.   The income of certain household members may be included.  If the sponsor cannot meet the minimum-income requirements, (s)he may provide evidence of assets that are readily available or seek a joint sponsor.  The affidavit may not be necessary if the green card applicant already has 40 quarters of earnings in the US.     

Please note that this article does not constitute a legal advice.  We simplified the law to outline one aspect of the marriage green card process.  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

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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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Fiancé visa during COVID-19 pandemic

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