EB-1A vs EB-1B | Advantages, Requirements, Priority Dates

EB-1A vs EB-1B | Advantages, Requirements, Priority Dates

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EB-1A vs EB-1B | Advantages, Requirements, Priority Dates

EB-1A vs EB-1B

As the most prestigious levels of the employment-based green cards, the EB-1A and EB-1B immigrant visas share many advantages. However, they do differ in some key areas. Find out which green card is the right fit for your situation through the differences in requirements and benefits.

The EB-1A Breakdown

The EB-1A visa is designed for people with extraordinary ability. On the outset, this category may seem broad or vague. However, the USCIS has a strict definition of what qualifies as “extraordinary”.

For the most part, the EB-1A has a variety of fields that are available for eligibility including business, art, education, athletics, and science. This allows a broad spectrum of people from a variety of backgrounds to apply. However, meeting the high standards for qualification can be very difficult.

One of the major benefits of the EB-1A in comparison to the EB-1B is the former allows applicants to self-petition without the need of a job offer or employer. This gives EB-1A holders substantial freedom in the nature of their work in the U.S.

Requirements

The greatest difference between the EB-1A and EB-1B green cards is the list of requirements. For the EB-1A, you need to meet one of two major requirements.

  1. You must present evidence of an internationally-recognized prize or award such as a Nobel Prize, Grammy, or Pulitzer Prize. or;
  2. You must have evidence of three of the following examples of your extraordinary ability:
    • Having authored scholarly articles in your field that have been published in distinguished professional journals.
    • Lesser prizes and awards on a national or international scale in your field
    • Having published material that mentions you in a major trade publication
    • Participation as a judge in an individual or panel situation in which you critique the work of your peers
    • Membership in a distinguished organization or association that requires extraordinary ability in order to be a member.
    • Significant scholarly, business, or scientific contributions to your field
    • Having your work displayed at a distinguished exhibit
    • Commercial success in the arts
    • A large salary indicating your extraordinary ability
    • Having a critical or leading role in a reputable organization

As you can see, producing the evidence to qualify for the EB-1A green card is not something that many applicants can accomplish. All told, you must demonstrate that you are in a top percentile of professionals in your field. If you can prove this but your evidence does not fall into the above categories, ask your immigration attorney if it can be submitted.

The EB-1B Breakdown

The EB-1B green card, on the other hand, is for outstanding researchers and professors. Again, the word “outstanding” can be interpreted many ways. However, the USCIS provides a defined list of evidence that can be submitted to prove that you are eligible for this green card.

Compared to the EB-1A, the EB-1B has a relatively limited scope of professions that can qualify. Where the EB-1A allows for extraordinary people from the fields of business, art, education, science, and athletics to apply, the EB-1B is only given to researchers and professors.

Unlike the EB-1A, you cannot self-petition for an EB-1B green card. In order to apply, you must have a job offer from a sponsoring U.S. employer who will file a petition on your behalf. While this means that your employer will absorb the I-140 filing fee, it does limit the work you can do in the U.S.

Requirements

To be considered eligible, you must have at least 3 years of experience in your field and be coming to the U.S. with the intention of gaining tenure or the equivalent in a research position. In addition, you need to present evidence of two of the following:

  • Recognized prizes or awards for your abilities
  • Having officially judged the work of your peers on a panel or on an individual level.
  • Being the author of scholarly books or articles published in distinguished journals related to your field
  • Published material that is written about your work by others in a reputable publication.
  • Having made significant contributions to your field
  • Membership in an organization or association that requires outstanding achievement for entry.

At its core, this list aims to prove to the USCIS that you have “outstanding achievements in a particular academic field”. If you have evidence that supports this idea that is not listed, work with your immigration attorney to see if it qualifies as appropriate evidence.

Processing Times

Because the EB-1A and EB-1B green cards are in the same preference level, there is no difference in their processing times according to the regulations. However, this does not mean that each petition’s processing time will not differ. Each service center has a unique caseload which can cause the waiting time to vary widely. On average, however, the I-140 petition takes about 6 months to process.

Priority Dates

Once your I-140 has been approved, you will need to wait until your priority date is current. If you are not familiar with priority dates, here is a quick rundown:

The date that the USCIS receives your petition will become your official priority date. You will need to compare this date with the final action dates given by the Department of State in their monthly visa bulletin. These final action dates are broken up according to green card preference level and country of origin.

When your priority date matches or passes the final action date in your level and country, your priority date ill be considered current, allowing you to adjust your status if you are already in the U.S. or begin consular processing if you are abroad.

Usually, all of the dates for the EB-1 preference level are current, meaning that you would be able to adjust your status as soon as your I-140 was approved. However, as of the June 2017 visa bulletin, a backlog of several years has built up for nationals of China and India.

Premium Processing

A question that we get often in our office is this: can I use premium processing for my petition? The answer, in this case, is yes. Premium processing an optional service that shortens your petition’s waiting time from a 6-month average to 15 calendar days for an additional fee. This fee can be paid either by you or your employer.

If the USCIS does not process your petition within that time frame, then you will receive a refund of your premium processing fee. This is one of the few circumstances where the USCS will issue a refund.

This service is available to all visas and green cards that use the I-140 or I-129 petitions in their application processes. The only exception to this is the EB-1C green card for multinational managers and executives.

Conclusion: EB-1A vs EB-1B

In the end, it all depends on your qualifications. If you are one of the rare individuals that qualify for both the EB-1A and EB-1B green cards, then you may want to consider pursuing the former for the advantages that it holds.

Not needing an employer and job offer can be very liberating depending on the kind of work that you wish to do in the U.S. The EB-1A also encompasses a greater variety of fields and is more inclusive for extraordinary individuals. In addition, the EB-1B requires applicants to have at least 3 years of experience and strictly defines what your intentions must be while the EB-1A does not have such requirements.

In either case, the processing time and fees will generally be the same. If you self-petition, however, you will be responsible for the I-140 filing fee, which essentially makes the EB-1B the less expensive option.

In any case, it is important never to make a large decision like this one without the help of an experienced expert. Just like it’s not a good idea to navigate real estate without an agent, you should always have an immigration attorney in your corner in the world of immigration law.

How Our Immigration Attorneys Can Help

Now that you know the differences between the EB-1A and EB-1B green cards, you are better informed to make a decision concerning which path you wish to take. However, the application process is difficult and must be done correctly to ensure that you have the best chances for approval.

Hiring an immigration attorney can help you address issues before they arise. When it comes to gathering the right evidence, filing forms, paying fees, and communicating with the USCIS, it pays to have an experienced attorney by your side.

Here at SGM Law Group, our employment immigration lawyers have years of experience helping extraordinary and outstanding professionals gain lawful permanent residence in the U.S. To get in touch with one of our attorneys, you can fill out this contact form and schedule your comprehensive consultation today.

Published at Wed, 16 Aug 2017 13:00:23 +0000

Overview of GAO Report on Refugee Screening

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Overview of GAO Report on Refugee Screening

If you need an experienced and knowledgeable U.S. immigration, deportation, or immigration appeals attorney, please call our toll-free number at:

(866) 456-­8654 | * Call Us – Toll Free *

or at our NYC number:

(212) 202-­0342

You can also contact us with Skype:

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Have a Question?

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Published at Wed, 09 Aug 2017 23:14:00 +0000

Find New York’s Best Startup Business Lawyer | Call 201-446-9643

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Find New York’s Best Startup Business Lawyer | Call 201-446-9643

Looking, Searching, Choosing, Need To, Trying To Find, Hire, Pick, The Best, Top Rated, Expert, Leading, Experienced, Smart, Skilled, Business Corporate Startup Lawyer Attorney in New York, New York City, NYC, Upstate New York, Westchester County, Rockland County, Orange County, Brooklyn, Queens, Long Island, Albany, Syracuse, Suffolk County, Nassau County, Bronx, and Staten Island.

201-446-9643 | www.njbusiness-attorney.com

Andrew S. Bosin, Esq. provides legal advice to startups, small businesses and entrepreneurs on business incorporation, Delaware Corporations, Founders Agreements, LLC’s, contracts, agreements, website and internet agreements, mobile software Apps developers, mobile app development, app development agreements, app development contracts, software development agreements, video game app development, iphone app development, iOS app development, android app development, website terms and conditions, privacy policies, website development, IPR, source code, intellectual property and website development and agreements.

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The legal information in this video and on the website is provided “as is” without any representations or warranties, express or implied. Law Offices of Andrew S. Bosin, LLC makes no representations or warranties in relation to the legal information in this video or on the website.

Without prejudice to the generality of the foregoing paragraph, Law Offices of Andrew S. Bosin, LLC does not warrant that:

 the legal information in this video or on the website will be constantly available, or available at all; or
 the legal information in this video or on the website is complete, true, accurate, up-to-date, or non-misleading.

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Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under applicable law.

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Christopher Wray Confirmed as 8th FBI Director

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Christopher Wray Confirmed as 8th FBI Director

If you need an experienced and knowledgeable U.S. immigration, deportation, or immigration appeals attorney, please call our toll-free number at:

(866) 456-­8654 | * Call Us – Toll Free *

or at our NYC number:

(212) 202-­0342

You can also contact us with Skype:

Free Skype CallFree Skype Call

Have a Question?

Ask us immigration, deportation or immigration appeals questions online with our convenient “Ask a Question” form:

Ask a Question 

Want to Schedule a Consultation?

You can schedule a consultation with us on Skype, over the phone, or in person by using our “Online Consultation” form (we offer a 15 minute free consultation for asylum seekers, and our fee is only $160 per 45 minutes for all other cases):

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Published at Wed, 02 Aug 2017 00:14:00 +0000

Christopher Wray Confirmed as 8th FBI Director

Sarah Jackson No Comments
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Christopher Wray Confirmed as 8th FBI Director

If you need an experienced and knowledgeable U.S. immigration, deportation, or immigration appeals attorney, please call our toll-free number at:

(866) 456-­8654 | * Call Us – Toll Free *

or at our NYC number:

(212) 202-­0342

You can also contact us with Skype:

Free Skype CallFree Skype Call

Have a Question?

Ask us immigration, deportation or immigration appeals questions online with our convenient “Ask a Question” form:

Ask a Question 

Want to Schedule a Consultation?

You can schedule a consultation with us on Skype, over the phone, or in person by using our “Online Consultation” form (we offer a 15 minute free consultation for asylum seekers, and our fee is only $160 per 45 minutes for all other cases):

Online Consultation

Attorney Advertising

Prior results do not guarantee similar outcomes

Published at Wed, 02 Aug 2017 00:14:00 +0000

Report on DOD Memo on Security Risks in MAVNI Program

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Report on DOD Memo on Security Risks in MAVNI Program

We have been posting periodic updates on the status of the Military Accessions Vital to the National Interest (MAVNI) Program, which was suspended for new applications in late 2016 [see article]. MAVNI is a Department of Defense (DOD) program that provided certain aliens with a path to legal status and citizenship in return for military service.

It was known that MAVNI had been suspended to assess apparent security vulnerabilities in the program. On August 1, 2017, James Rosen of Fox News reported with greater detail on the specific issues that led to the suspension of MAVNI [link].1

MAVNI Program

Rosen reports that the Inspector General of the DOD recently released a report identifying “serious problems” with the MAVNI program. Although the report remains classified, Rosen was able to glean details from various sources.

According to Congressman Steve Russell (R, OK-5), MAVNI was suspended due to the Pentagon’s concerns that it has been subject to “foreign infiltration.” According to another unnamed member of Congress, the DOD has not provided answers regarding the status of the “missing enrollees” in question. Rosen’s sources disclosed that the Pentagon identified additional problems regarding MAVNI in addition to the threat of foreign infiltration, such as:

  • A vetting backlog that led to the enrollment of soldiers prior to the completion of background checks; and
  • A “drift” in MAVNI criteria wherein the program was used to hire workers lacking specialized skills (e.g., cooks, drivers, and mechanics).

However, Rosen noted that there is no evidence in the public domain that “ISIS, Al Qaeda, or any other terrorist groups have penetrated the MAVNI program,” while noting that this does remain an ongoing concern for the DOD.

Given the limited information available as to the extent of the problems in the MAVNI program and the DOD’s internal deliberations, it is impossible to predict whether the MAVNI program will remain in place or ultimately be terminated. It can be concluded, however, that if the security vulnerabilities have been determined to be as severe as Rosen’s reporting indicates, especially with regard to foreign infiltration, the future of MAVNI is in a state of severe doubt. Rosen’s sources also suggested that Defense Secretary James Mattis “had developed his own concerns about MAVNI.”

Rosen also noted that there is currently pending litigation by seven MAVNI enrollees, who claim that the DOD’s decision to add additional restrictions on access to security clearances in September 2016 ended up “crippling their military careers.”

We will continue to update the site with information about the status of the MAVNI program as it becomes available. While we cannot attest to the severity of the security concerns inherent in the MAVNI program, the government should eventually look to compensate those it made promises to and who were left in limbo in the event that the suspension is not lifted. Those affected should consult with an experienced immigration attorney about their overall immigration situation.

______________________

  1. Rosen, James. “Pentagon investigators find ‘security risks’ in government’s immigrant recruitment program, ‘infiltration’ feared.” Fox News. Aug. 1, 2017. Foxnews.com

Published at Mon, 07 Aug 2017 18:10:00 +0000

David Allen Legal Tuesday: How to Find a Good Lawyer

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David Allen Legal Tuesday: How to Find a Good Lawyer

Call us Toll Free (877) 876-4800
http://www.DavidAllenLaw.com
http://www.legalvideoblog.com

Attorney David Allen discusses the important factors in selecting lawyers and suggests the best way to go about finding one. He references studies done by the American Bar Association. He also provides in very pragmatic suggestions.

David Allen & Associates helping injured and disabled people throughout the west for 30 years.

We offer successful representation in Personal Injury, Social Security Disability and Insurance Disability claims.

Visit our offices for a free initial consultation.

In California:
5230 Folsom Blvd.
Sacramento, CA 95819
(916) 455-4800

Sherwood Executive Center
5250 Claremont Avenue
Stockton, CA 95207
Phone: (209) 473-4800

1300 Clay Street, Ste. 600
Oakland, CA 94612
(510) 663-4600

Fremont Office Center
3900 Newpark Mall Dr.
3rd Floor
Newark, CA 94560
(510) 663-4600

In Nevada:
200 S. Virginia St.
Wells Fargo Building
Reno, NV 89501
(775) 786-1020

September 2017 Visa Bulletin | Report, Prediction & Analysis

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September 2017 Visa Bulletin | Report, Prediction & Analysis

September 2017 Visa Bulletin

September is the final month before the end of the fiscal year. With that comes a new start for visas across the board. Hundreds of thousands of people have petitioned for green cards and are waiting for their priority dates to become current. To see where your date stands and what you may be able to expect in in the future, take a look at the predictions and analysis in this September 2017 visa bulletin.

September 2017 Visa Bulletin Overview

Like the last few months, the dates seem to be stagnating. More of the dates have been over subscribed, meaning that many of the categories have not moved from last month and others have even retrogressed several years. Take a look at how the dates have moved in the new September 2017 visa bulletin.

Family-Based Visa Preference Categories

The green cards in the family-based category have been divided into four preference levels according to the family member that sponsors the green card. Within these levels, there are five chargeability areas that are as follows: China, India, Mexico, the Philippines, and all other countries (or the general category).

Take a look at how the dates for the family-based green cards have moved in the September 2017 visa bulletin.

First Preference

This first preference, the F1 green card, is meant for the children and dependents of U.S. citizens.

  • The dates for the general category, China, and India have all retrogressed and moved backward from December 22, 2010, to May 1, 2010.
  • The date for Mexico has not seen any movement and remains at February 1, 1996.
  • The date for the Philippines has moved forward 10 weeks from October 15, 2006, to January 1, 2007.

Second Preference

The F2 green card is designed for the children and spouses of lawful permanent residents (green card holders). The F2 preference level is further divided into two subcategories:

F2A: which is for the spouses of lawful permanent residents as well as their unmarried children under the age of 21.

  • The dates for the general category, China, India, and the Philippines have all moved up one week from September 22, 2015, to October 1, 2015.
  • The date for Mexico has moved forward 3 weeks from September 1, 2015, to September 22, 2015.

F2B: which is for the unmarried children of lawful permanent residents over the age of 21.

  • The dates for the general category, China, and India have all seen no movement and remain at November 1, 2010.
  • The date for Mexico has seen no movement and remains at July 1, 1996.
  • The date for the Philippines has moved forward three weeks from December 8, 2006, to January 1, 2007.

Third Preference

The third preference level is the F3 green card, which was created for the married children of U.S. citizens.

  • The dates for the general category, China, and India have all seen no movement and remain at July 8, 2005.
  • The date for Mexico has seen no movement and remains at April 8, 2005.
  • The date for the Philippines has moved forward three weeks from January 22, 1995, to February 15, 1995.

Fourth Preference

Lastly, the lowest preference level for family-based immigration, the F4 green card, is meant for the siblings (brother and sisters) of U.S. citizens.

  • The dates for the general category and China have retrogressed for almost than two and a half years from May 8, 2004, to January 2, 2002.
  • The date for India has retrogressed over one year and nine months from September 22, 2003, to January 1, 2002.
  • The date for Mexico has not seen any movement and remains at September 15, 1997.
  • The date for the Philippines has moved forward 7 weeks from April 8, 1994, to June 1, 1994.

Family-Based Visa Chart

Here is the chart for family-based green cards from the September 2017 visa bulletin.

September 2017 Visa Bulletin Family Chart

Employment-Based Visa Category Dates

The employment-based green card category has five preference levels that vary according to the occupations and qualifications of the individuals. For the purposes of this visa bulletin report and analysis, we will only focus on the first three levels as they see the most applicants.

Like the family-based green cards these preference levels are also divided into six chargeability areas: the general category, China, India, Mexico, the Philippines, and Central America (or El Salvador, Honduras, and Guatemala).

Here are the employment-based dates according to the visa bulletin for August 2017.

First Preference

The most prestigious green card is the EB-1, which is reserved for individuals who have attained extraordinary achievement, outstanding researchers and professors, or the managers and executives of multinational companies.

  • The dates for the general category, Central America, Mexico, and the Philippines are all current.
  • The dates for China and India have seen no movement and remain at January 1, 2012.

Second Preference

The EB-2 is the most popular employment-based green card by far. Those who qualify either have an advanced degree, exceptional ability in their field, or are eligible for an National Interest Waiver.

  • The dates for the general category, Central America, Mexico, and the Philippines have all gone forward 8 months from April 1, 2015, to January 1, 2016.
  • The date for China has moved forward three weeks from April 22, 2013, to May 15, 2013.
  • The date for India has moved forward one month from July 22, 2008, to August 22, 2008.

Third Preference

The final level that we will focus on is the EB-3, which is meant for workers with bachelors degrees as well as skilled and unskilled labor occupations (or other workers). You will notice below that the “other workers” group has slightly different dates.

  • The dates for the general category, Central America, and Mexico are all current.
  • The date for China has seen no movement and remains at January 1, 2012.
  • The date for India has moved forward three months from July 15, 2006, to October 15, 2006.
  • The date for the Philippines has moved forward five months from June 1, 2015, to November 1, 2015.

Employment-Based Visa Chart

Here is the chart for employment-based green cards from the August 2017 visa bulletin.

September 2017 Visa Bulletin Employment Chart

September 2017 Visa Bulletin Predictions

While these date movements and retrogressions may seem problematic, there is hope. Because the 2018 fiscal year will begin on the 1st of October, many of the dates will reset. For example, the F1 category will return to December 22, 2010. The F4 category will also reset, though the new dates will be announced in October. Speak with your immigration attorney to learn exactly where your date will stand in the 2018 fiscal year.

Want to Stay Up-To-Date?

No one wants to be behind on the updates. Don’t miss another visa bulletin by subscribing to the Department of State’s newsletter. All you need to do is send an email to [email protected] with the message “subscribe visa bulletin” to stay in-the-know when it comes to your green card status.

How Our Immigration Attorneys Can Help

One of the most common mistakes that people make when applying for a green card is attempting to go it alone. This can easily lead to crucial mistakes that can cost you both time and money. To make sure that you are on the optimal path to the U.S., it is important to have an expert green card lawyer in your corner.

Our top-notch team of immigration attorneys have years of experience helping people from all over the world immigrate to the U.S. either through their families or through their employment. We help you with everything from filing your petition to dealing with unexpected issues such as RFEs and work with both the beneficiary as well as the sponsor.

If you have any questions about the September 2017 visa bulletin and would like to contact one of our attorneys, feel free to fill out this consultation form to schedule a consultation today.

See last month’s August 2017 visa bulletin here.

Related Topics

Published at Fri, 11 Aug 2017 12:39:46 +0000

E2 Visa Denied | Reasons, Options, Extension Denial

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E2 Visa Denied | Reasons, Options, Extension Denial

E2 Visa Denied

For foreign investors, the E2 visa is one of the best ways to work in the U.S. through your investment. However, due to the complicated nature of immigration law, obstacles can always arise. If you have had your E2 visa denied or are looking to prevent a denial, then here are some common reasons why it happens and how you can avoid it.

How the E2 Visa Works

There are several benefits to be enjoyed by qualified investors who manage to obtain an E2 visa. It’s non-competitive, has a relatively short processing time, and can be extended indefinitely under the right circumstances.

However, to reap these benefits, there are specific rules that must be fulfilled in order to be eligible. First, you must be an investor from a country that holds a treaty of commerce and navigation with the U.S. You do not necessarily need to be currently living there, but you must be a national of one of these countries.

Second, you need to invest a substantial amount into a U.S. enterprise. This applies whether you are purchasing an existing business or starting a new one. The investment amount is not specified, but the general rule of thumb is to invest a greater percentage in smaller companies than in larger ones.

Third, the enterprise must not be marginal, meaning that it must be able to support you and your family now or at some point in the future.

Fourth, you must be coming to the U.S. with the sole purpose of developing this enterprise. You can demonstrate this by showing that you hold 50% ownership in the enterprise.

With these requirements in mind, we can take a look at some of the common reasons why the USCIS may deny your E2 visa.

E2 Visa Denied: Top Reasons

If you have already had your E2 visa denied, then the USCIS has enclosed the details and reasons for your denial in the letter they sent you. If you are in the process of petitioning for an E2, here are a few of the top reasons why you may receive a denial.

1. Your Investment is not Substantial

Unfortunately, because the USCIS does not numerically define what a substantial investment is, it can be very difficult to gain approval without the help of an immigration attorney. The official website gives these remarks about the investment:

  • It must be substantial compared to the value of the enterprise or the cost of starting it.
  • The investment must demonstrate that you are committed to the enterprise’s success.
  • It should also be enough so that it is apparent that you are likely to successfully advance the enterprise.

As previously stated, if the enterprise is small, then the invested amount must be a greater percentage of its value.

For example, if Hans wants to invest in a convenience store worth $150,000, he may need to invest almost all of that amount in order to qualify. However, if he is interested in investing in a restaurant chain worth $3 million, the required percentage would be lower.

In the end, the only way to know for sure is through experience. The best way to access this experience is to work alongside an immigration attorney who has extensive experience filing E2 petitions.

2. The Enterprise Is Marginal

The USCIS will look at the enterprise itself to determine whether or not it holds the potential to create an income for you and your family. If it is not currently capable of this, then the USCIS will judge the future of the enterprise. If it does not seem feasible that the enterprise will reach that level within 5 years of your E2 visa approval, your petition will likely be denied.

3. Your Investment is Not Irrevocably Invested

Generally, the USCIS will be interested in making sure that you are not taking advantage of the immigration system. If your funds are easily retrievable so that you could recover them upon entering the U.S., then the USCIS may view the investment as fraudulent.

To avoid this, you should have already invested a significant amount or bought resources such as inventory or rented the physical premises. In the end, your funds must be considered “at risk” in the commercial sense.

4. You Do Not Own 50% of the Enterprise

The best way to show that you are committed to the successful development of the enterprise is by having at least 50% ownership in the business. In lieu of this, according to the USCIS, you can also have “operational control through a managerial position or other corporate device.”

5. The Enterprise is Not Bona Fide

Again, the USCIS is interested in making sure that no one takes advantage of the system. If the enterprise does not appear to be a legitimate entity engaged in the trade of goods and/or services under the local law, then you will likely have your E2 visa denied.

6. You Did Not Demonstrate Strong Ties to Your Home Country

Unfortunately, unlike the H-1B and O-1 visas, the E2 is not considered “dual intent” by the USCIS. This means that you cannot have an intent to immigrate permanently to the U.S. and that you intend to leave as soon as the work on your E2 enterprise is completed.

Proving this intention is done by demonstrating that you have strong ties to your home country either through personal interests (family, work) or by maintaining a permanent residence in your home country. This shows the consular officer that you have a reason to return to your country rather than stay in the U.S.

This is a common reason that the USCIS uses to have your E2 visa denied. To avoid this, make it abundantly clear that you do not intend to stay in the U.S. after the work on your enterprise is completed.

7. You Do Not Have a Supervisory Position

This requirement is specifically for the employees of E2 treaty investors. Since an employee would apply to receive an E2 as well, they are also vulnerable to having their E2 visa denied.

According to the regulations, the employee of an E2 treaty investor must meet the following requirements:

  • You must be from the same treaty country as the investor
  • You must be considered an “employee” under the law of the state in which you will be working.
  • Your position must be executive or supervisory. In lieu of this, you must at least have special qualifications that warrant your presence in the U.S.

It is this last requirement that seems to be the issue most often. Executive and supervisory positions should involve having control over the overall function of the company as a whole or a large part of it. Having special qualifications means that you are essential to the successful operation of the enterprise.

What Are My Options?

While having your E2 visa denied can be a major setback in your immigration plans, there are a few options you can take once you receive that denial letter.

Appeal

If you believe that the adjudicating officer’s decision was incorrect and you did not go through consular processing, then it may be possible to appeal the decision to a third party called the Administrative Appeals Office (AAO).

While this may seem like a second chance, the AAO has a long history of upholding the decisions of the adjudicating officers. A very small percentage of decisions are overturned or even remanded.

However, if you went through consular processing, your denial letter will most likely state that the consulate decision cannot be appealed. The letter will also encourage you to take this next step in response to your denial.

Reapply

While appealing may not be a viable option, you can always reapply for your E2 visa. This will require you to file another I-129 petition and make another appointment with the consulate in your home country.

Because the E2 visa denial letter will tell you why your visa was denied, you will have the opportunity to rectify any issues and reapply once you have made significant changes to your circumstances.

221(g) Refusal

If you had your E2 visa denied through an administrative processing refusal under section 221(g) of the Immigration and Nationality Act, you may still have hope. This kind of refusal is not a complete denial, but rather more of a request for evidence. These are typically issued due to these reasons:

  • The documents or information were insufficient
  • The officer needs to re-examine the case more closely
  • You need to go through more background checks

The consulate will present you with a list of documents or information that need to be submitted in order to avoid a denial. Think of this refusal as a buffer step before outright denial. Be sure to work with your immigration attorney to take advantage of this step within the given time frame.

Consider the Alternatives

Aside from reapplying, you may want to take a look at some other common pathways to working in the U.S. Work with your immigration attorney to learn if these or any other alternatives wold be appropriate for your situation.

H-1B

This visa requires that you have a job offer for a specialty position from a U.S. employer. The main benefit of this visa is that it is a dual intent visa that allows holders to maintain an intent to immigrate to the U.S. through a green card.

EB-5

If getting a green card is your goal, you may want to consider bypassing the nonimmigrant visa step altogether. With an EB-5 green card, your investment can allow you to live permanently in the U.S. This investment program, however, does have quantified investment requirements. If you are investing in a rural area or one of high unemployment, you need to invest at least $500,000. For all other cases, the investment amount must be $1 million.

Why Was My Extension Denied?

If you have had your E2 extension denied, chances are that you were unable to maintain one of the above requirements. For the most part, the USCIS denies E2 extensions if they deem that the enterprise has become marginal. You must not only prove that your enterprise has the potential to succeed, but you must also make it succeed in order to remain in the country under E2 status.

How an E2 Visa Attorney Can Help

When a petition is denied, it is more important than ever to have an experienced attorney by your side, especially if you are still in the U.S. An E2 visa requires a significant amount of irrevocable investment. Attempting to navigate this situation on your own could lead to financial disaster and a wasted investment.

At SGM Law Group, our attorneys have serviced many clients that have had their E2 visa denied. Because of this, our lawyers are well-versed in the standards that the USCIS are looking for when it comes to your investment, your enterprise, and your employees.

Don’t leave your investment opportunity up to chance. You can fill out our contact form to schedule a consultation and have our attorneys work with you to protect your investment.

Published at Wed, 19 Jul 2017 13:00:01 +0000

ICE Enters Into 287(g) Agreements With 18 Texas Counties

Sarah Jackson No Comments
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ICE Enters Into 287(g) Agreements With 18 Texas Counties

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Published at Tue, 01 Aug 2017 23:22:00 +0000