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<li>If the employee currently resides in the U.S, the employer is allowed to ...

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Source: https://www.usimmigrationlawyer.co.uk/feed/

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<title>PROBLEMS ENCOUNTERED BY UK CITIZENS WHEN APPLYING FOR THE E-2 VISA</title>
<link>https://www.usimmigrationlawyer.co.uk/problems-encountered-by-uk-citizens-when-applying-for-the-e-2-visa/?utm_source=rss&utm_medium=rss&utm_campaign=problems-encountered-by-uk-citizens-when-applying-for-the-e-2-visa</link>
<comments>https://www.usimmigrationlawyer.co.uk/problems-encountered-by-uk-citizens-when-applying-for-the-e-2-visa/#respond</comments>
<dc:creator><![CDATA[admin2019]]></dc:creator>
<pubDate>Tue, 25 Aug 2020 21:11:31 +0000</pubDate>
<category><![CDATA[Uncategorized]]></category>
<guid isPermaLink="false">https://www.usimmigrationlawyer.co.uk/?p=1778</guid>
<description><![CDATA[The E2 investor visa is quite popular amongst UK Citizens.  Many British Citizens are currently resident in the US on the E2 visa. The flexibility of the visa and the ability to renew indefinitely make it attractive for those looking to settle in the US. The United Kingdom became part of the treaty in July […]
The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/problems-encountered-by-uk-citizens-when-applying-for-the-e-2-visa/">PROBLEMS ENCOUNTERED BY UK CITIZENS WHEN APPLYING FOR THE E-2 VISA</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></description>
<content:encoded><![CDATA[The E2 investor visa is quite popular amongst UK Citizens.  Many British Citizens are currently resident in the US on the E2 visa. The flexibility of the visa and the ability to renew indefinitely make it attractive for those looking to settle in the US.
The United Kingdom became part of the treaty in July of 1815. This means that British Citizens have been making E2 visa applications for over 200 years.  During this period there have been adjustments to the interpretation of the rules and many lessons learned in preparing E-2 visa applications.
 
As a Solicitor and Attorney in the US dealing with Immigration and Business Law, I too have learned many lessons in the preparation of this E2 Visa application.  As a British citizen, I specialize in dealing with applications from UK Citizens, and over the years have been able to assess where and how people get things wrong.
 
I find that I have been able to group potential applicants into 4 groups or categories that can lead to E-2 visa refusals or complications. It is noteworthy that there is no right of appeal against the denial of an E-2 visa application which has been submitted to the US consulate or embassy. This results in a waste of money and time, especially when you take into consideration the fact that the minimum investment for the E-2 visa is between $60,000 and $200,000, depending on the type of business.
 
I realized a lot of UK Citizens continue to make mistakes when applying for the E-2 visa, without seeking proper advice.
 
I set below my description of the 4 groups of applicants that I have identified that potentially make mistakes with their E-2 Visa applications.
 
Group 1: Investors with limited funds: This group comprises people who really want to move to the US. They have identified that the E-2 visa is their best path. Some may already be business savvy people, and some may be completely new to business.
The difficulty they face is limited funds, as a result of which they try to do the applications themselves to save money. The group often feels that getting a consultation with a lawyer or getting a lawyer to review their application package before submission will be more cost-effective. Some even feel that the lawyer is simply completing forms and putting their documents together.
Many of these clients often end up spending more money or they get refused. Usually, by the time they are sending their self-prepared packet to a lawyer they have already done many things the wrong way that would require rectification, thus costing them more in legal fees, other fees, and time.  False Economy? I certainly feel so.
 
Group 2: Smart Professionals:  This group of applicants is well-educated and articulated. They are usually from the professional world such as Architects, Medical Doctors, Engineers, and even non-US lawyers. They are usually confident they can interpret the law.  Many would have carried out a lot of internet research before approaching a lawyer.
However, many are wrong with their interpretation. It’s not usually the letter of the law; it is the way the evidential burden is interpreted by the US immigration service that is most important.
When these professionals accept that their immigration lawyer is the best person to guide them and when they follow those instructions, they usually do well in the E-2 approval rates. However, when they don’t, it is usually very upsetting for them because many do not expect the denial and often feel that the Immigration officer who denied the application was wrong and they wonder why there is no right of appeal.  However, the fact remains that E-2 denial at the consulate  does not generate a right of appeal.  Once your visa application has been denied, the applicant will also not usually be able to travel to the US for pleasure using the visa waiver program. They will now need to obtain B1/B2 visas.
 
Group 3: Financially Secured or Wealthy individuals: They may have not encountered many difficulties in different aspects of life and applications relating to numerous things. Their financial status has always provided them with an advantage and sometimes, they unintentionally act entitled. To this group, the E-2 visa requires investment; they have the funds so what is the problem? Many do not understand or agree with the fact that the E2 visa require the investment to be at risk. The business must be ready to trade before an E-2 application can be accepted. This means that you must have followed a certain establishment plan and carried our several tasks to get the business ready. Having your funds sitting in a business account is not sufficient.  These clients usually need legal convincing that they must spend their investment funds before applying for the E-2 visa.  Many clients get refused and only listen to their lawyers when they need to reapply having wasted much time, effort, and money.
 
Group 4:  The naïve clients who believe all lawyers can do all legal work. They have a friend who is a lawyer, they ask this friend to prepare their E-2 application, even though the friend specializes in employment law litigation. This will usually go wrong, and they do go very wrong.
 
I came to know all the aforementioned groups over my years of practicing, because many clients come to me after their visas have been denied or when they get stuck.
About 3% of the people in the groups are successful in their application, that is, 30 out of every 100
The moral of the story is, get advice from an experience E-2 immigration lawyer before you embark on your visa journey, appoint the lawyer, and follow instructions.
 
I am a dual-qualified US and UK attorney and have been practicing immigration law for over 18 years. I specialize in business immigration and advise many clients on E-2 visas.
Below are issues to consider when applying for the E-2 Visa:
<ul>
<li>What types or sizes of businesses qualify?</li>
<li>What type of registration for your type of business or company formation is needed – S Corp, C Corp, LLC, etc.</li>
<li>Importance of investment control</li>
<li>Expected investment amount for your type of business</li>
<li>Source of funds</li>
<li>Real operating business</li>
<li>How spouse and children should be presented</li>
<li>Foreign employees’ application is required in the future as the business expands</li>
<li>Application procedure</li>
</ul>
 
E2 visa application is one of the most sought-after visas amongst many UK citizens and it’s quite detailed and complex. You need an attorney that understands the UK system and understands the US business and immigration law to assist.
 The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/problems-encountered-by-uk-citizens-when-applying-for-the-e-2-visa/">PROBLEMS ENCOUNTERED BY UK CITIZENS WHEN APPLYING FOR THE E-2 VISA</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></content:encoded>
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</item>
<item>
<title>E2 Visa</title>
<link>https://www.usimmigrationlawyer.co.uk/e2-visa/?utm_source=rss&utm_medium=rss&utm_campaign=e2-visa</link>
<dc:creator><![CDATA[admin2019]]></dc:creator>
<pubDate>Tue, 10 Dec 2019 19:18:34 +0000</pubDate>
<category><![CDATA[E-2 visa]]></category>
<category><![CDATA[E-2 Visa]]></category>
<guid isPermaLink="false">https://www.usimmigrationlawyer.co.uk/?p=1660</guid>
<description><![CDATA[E2 Visa – Immigration Lawyers in London E2 Visas are treaty investor visas granted by the U.S. government to investors from a treaty country (a country that the U.S. maintains a treaty of trade and commerce with) to enter the U.S. Before being granted the E2 visa, the investor must provide a proof of readiness […]
The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/e2-visa/">E2 Visa</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></description>
<content:encoded><![CDATA[<h2 class="wp-block-heading">E2 Visa – Immigration Lawyers in London</h2>
<figure class="wp-block-image size-large"><img fetchpriority="high" decoding="async" width="1024" height="577" src="https://www.usimmigrationlawyer.co.uk/wp-content/uploads/2019/12/E2-Visa-2-1024x577.jpg" alt="E2 Visa" class="wp-image-5406" srcset="https://www.usimmigrationlawyer.co.uk/wp-content/uploads/2019/12/E2-Visa-2-1024x577.jpg 1024w, https://www.usimmigrationlawyer.co.uk/wp-content/uploads/2019/12/E2-Visa-2-300x169.jpg 300w, https://www.usimmigrationlawyer.co.uk/wp-content/uploads/2019/12/E2-Visa-2-768x433.jpg 768w, https://www.usimmigrationlawyer.co.uk/wp-content/uploads/2019/12/E2-Visa-2-1536x865.jpg 1536w, https://www.usimmigrationlawyer.co.uk/wp-content/uploads/2019/12/E2-Visa-2.jpg 1640w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>
E2 Visas are treaty investor visas granted by the U.S. government to investors from a treaty country (a country that the U.S. maintains a treaty of trade and commerce with) to enter the U.S. Before being granted the E2 visa, the investor must provide a proof of readiness to invest a substantial amount of capital in a U.S. company or business. Similarly, the employees of a qualifying investing company or investors are also qualified for E2 Visa.
<a href="https://www.usimmigrationlawyer.co.uk/e2-visa-requirements/">Requirements for E2 Visa</a>
An interested investor that wishes to apply for <a href="https://uk.usembassy.gov/visas/treaty-trader-or-treaty-investor/treaty-investor-e-2/" target="_blank" rel="noopener">E2 Visa</a> must meet the following criteria.
1. Must be a
citizen of a country that the United States maintains a treaty of trade and
navigation.
2. Must either
have invested or in the active process of investing substantial capital in
business in the United States.
3. Must be
applying to come to the U.S. for the development and direction of the
investment company.
How to Apply for <a href="https://uk.usembassy.gov/visas/treaty-trader-or-treaty-investor/treaty-investor-e-2/" target="_blank" rel="noopener">E2 Visa</a>
<ul>
<li>If the investor is already in
the United States lawfully with nonimmigrant status, such must file Form I-129
for a status change to E2 classification.</li>
<li>If the employee currently resides in the U.S, the employer is allowed to file <a href="https://www.uscis.gov/i-129" data-type="link" data-id="https://www.uscis.gov/i-129" target="_blank" rel="noopener">Form I-129</a> on the employee’s behalf.</li>
</ul>
Some conditions to be Met by the Investor
The investor
must meet specific requirements in addition to being a citizen of a country
that the United States maintains a Treaty of Trade and Navigation. The treaty
investor is required to provide proof of an investment in a bona fide business.
Some of the evidence to submit include:
<ul>
<li>Notice provided by the IRS for
the assignment if Employer Identification Number</li>
<li>Tax returns</li>
<li>Payroll summaries</li>
<li>Financial Statements</li>
<li>Bank statements</li>
<li>Organizational chart</li>
<li>Escrow documents</li>
<li>Lease agreement</li>
</ul>
Other Important Requirements
<ul>
<li>The investment by the investors
must not be less than $100,000.</li>
<li>The funds must be totally under
the control of the investor</li>
<li>The investment must be a real,
genuine operating business.</li>
<li>The investor’s coming to the
U.S. must be to develop and direct the enterprise.</li>
</ul>The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/e2-visa/">E2 Visa</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></content:encoded>
</item>
<item>
<title>E2 Visa Lawyer</title>
<link>https://www.usimmigrationlawyer.co.uk/e2-visa-lawyer/?utm_source=rss&utm_medium=rss&utm_campaign=e2-visa-lawyer</link>
<dc:creator><![CDATA[admin2019]]></dc:creator>
<pubDate>Mon, 09 Dec 2019 21:12:52 +0000</pubDate>
<category><![CDATA[E2 Visa Lawyer]]></category>
<category><![CDATA[Articles]]></category>
<guid isPermaLink="false">https://www.usimmigrationlawyer.co.uk/?p=1653</guid>
<description><![CDATA[Applying for an E2 visa could be challenging without the assistance of a qualified E2 visa lawyer. According to the U.S. Citizenship and Immigration Services (USCIS), there are requirements and criteria to be satisfied before your application for an E2 visa can be granted. Although the requirements for eligibility seem simple and straightforward, you need […]
The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/e2-visa-lawyer/">E2 Visa Lawyer</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></description>
<content:encoded><![CDATA[Applying for an
E2 visa could be challenging without the assistance of a qualified E2 visa
lawyer. According to the U.S. Citizenship and Immigration Services (USCIS),
there are requirements and criteria to be satisfied before your application for
an E2 visa can be granted. Although the requirements for eligibility seem
simple and straightforward, you need an experienced E2 visa lawyer to interpret
the criteria correctly and guide you through the application and preparation of
all necessary documents that will boost your chances of having your application
approved.
Common Issues with an E2 Visa and Why You Need an E2
Visa Lawyer
Several
applicants had their applications denied because of little mistakes or errors
in their applications due to poor interpretation of the rule. You can avoid
this unpleasant development by hiring and working with an E2 visa lawyer for
the submission and procession of your E2 visa application. Here are some of the
mistakes you would avoid if you work with an experienced lawyer:
1. Business Not Qualified for an E2 Visa
According to the
provision of the law guiding the approval of the E2 visa to applicants, the
investor must have invested in a business or in active preparation to invest in
an American enterprise. However, most applicants still get denied because the
so-called investment or enterprise has a structure that does not qualify for an
E2 visa. Therefore, you need an E2 visa lawyer to assess the business structure
you have invested or planning to invest in to avoid disqualification in the
long run.
2. Incorrect Type of Financing or Too Much Financing
for E2 Visa
The law states
that the applicant (investor) must have made a substantial investment. However,
if you intend to purchase a business and funded partly with cash and a
promissory note, that may work in standard business practice but will be a
hindrance to getting your E2 visa approved.
3. Passive Investment
The money
invested should be in an active form and not a passive investment, like
purchasing a real estate for rental income. The chances are that passive
investment will not qualify for an E2 visa. It is required that the investor
will be actively managing and developing the business daily and also create job
opportunities for other people. As a result, any investment or enterprise that
does not require direct management and control of the investor may not qualify
for an E2 visa.
From the above,
it is crucial to hire an E2 visa lawyer before you file for the E2 visa, for an
on-the-spot assessment of your application status and advice in order to stand
the chance of being granted an E2 visa that you need to enter the United
States. Working with an E2 visa lawyer will improve your chances of being
granted an E2 visa due to professional advice and experience that will have a
significant impact on your application.The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/e2-visa-lawyer/">E2 Visa Lawyer</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></content:encoded>
</item>
<item>
<title>E2 Investor Visa</title>
<link>https://www.usimmigrationlawyer.co.uk/e2-investor-visa/?utm_source=rss&utm_medium=rss&utm_campaign=e2-investor-visa</link>
<dc:creator><![CDATA[admin2019]]></dc:creator>
<pubDate>Mon, 09 Dec 2019 21:12:05 +0000</pubDate>
<category><![CDATA[E2 Investor Visa]]></category>
<category><![CDATA[Articles]]></category>
<guid isPermaLink="false">https://www.usimmigrationlawyer.co.uk/?p=1651</guid>
<description><![CDATA[The United States immigration law makes a provision for investors from other countries to enter the U.S. via the Investor Visa. An investment visa is categorized under the employment-based immigrant visas. Investor visas are issued to qualified applicants every fiscal year (October 1 – September 30). Investor visas come under the EB5 immigrant investors, and […]
The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/e2-investor-visa/">E2 Investor Visa</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></description>
<content:encoded><![CDATA[The United States immigration law makes a
provision for investors from other countries to enter the U.S. via the Investor
Visa. An investment visa is categorized under the employment-based immigrant
visas. Investor visas are issued to qualified applicants every fiscal year
(October 1 – September 30).
Investor visas come under the EB5 immigrant
investors, and they are issued to investors seeking to enter the U.S. to start
a business that will benefit the U.S. economy in terms of capital investment
and job creation. The EB5 immigrant investor visas account for up to 7.1
percent of all employment-based immigrant visas issued by the U.S. event year
Qualification
for an Investor Visa
<ul><li>To qualify for an investor visa, the applicant (supposedly a foreigner)
is required to invest without borrowing, at least $1.8 million or $$900,000 in
a high-unemployment or rural area.(TEA) </li></ul>
<ul><li>2. The investment is required to create full-time employment for at least
10 U.S. citizens, lawful permanent residents or other immigrants permitted to
work in the United States.</li></ul>
Application
Procedure
An applicant is required to file Form I-526
Immigrant Petition by Alien Entrepreneur with the U.S. Citizenship and
Immigration Services (USCIS).
Immigrant investors applying for investor
visas are not required to possess or present labor certification. 
The USCIS must approve the Form I-526
petition form before an applicant can apply for an investor visa at a U.S.
Embassy or Consulate.
After the approval and issuance of the
investor visa, the investor’s spouse and unmarried, minor children of under 21
years of age may apply for immigrant visas with the investor. They will be
required to file appropriate forms for consideration.
The applicants will be
required to undertake all the necessary procedures involved in applying for a
visa and submitting the required documents. Know that the processing time for
the visitor visa varies
The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/e2-investor-visa/">E2 Investor Visa</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></content:encoded>
</item>
<item>
<title>Investor Visa</title>
<link>https://www.usimmigrationlawyer.co.uk/investor-visa/?utm_source=rss&utm_medium=rss&utm_campaign=investor-visa</link>
<dc:creator><![CDATA[admin2019]]></dc:creator>
<pubDate>Mon, 09 Dec 2019 21:10:01 +0000</pubDate>
<category><![CDATA[Articles]]></category>
<category><![CDATA[Investor-Visa]]></category>
<category><![CDATA[Investor Visa]]></category>
<guid isPermaLink="false">https://www.usimmigrationlawyer.co.uk/?p=1649</guid>
<description><![CDATA[The United States immigration law makes a provision for investors from other countries to enter the U.S. via the Investor Visa. An investment visa is categorized under the employment-based immigrant visas. Investor visas are issued to qualified applicants every fiscal year (October 1 – September 30). Investor visas come under the EB5 immigrant investors, and […]
The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/investor-visa/">Investor Visa</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></description>
<content:encoded><![CDATA[The United States immigration law makes a
provision for investors from other countries to enter the U.S. via the Investor
Visa. An investment visa is categorized under the employment-based immigrant
visas. Investor visas are issued to qualified applicants every fiscal year
(October 1 – September 30).
Investor visas come under the EB5 immigrant
investors, and they are issued to investors seeking to enter the U.S. to start
a business that will benefit the U.S. economy in terms of capital investment
and job creation. The EB5 immigrant investor visas account for up to 7.1
percent of all employment-based immigrant visas issued by the U.S. event year
Qualification
for an Investor Visa
<ul><li>To qualify for an investor visa, the applicant (supposedly a foreigner)
is required to invest without borrowing, at least $1.8 million or $$900,000 in
a high-unemployment or rural area.(TEA) </li></ul>
<ul><li>2. The investment is required to create full-time employment for at least
10 U.S. citizens, lawful permanent residents or other immigrants permitted to
work in the United States.</li></ul>
Application
Procedure
An applicant is required to file Form I-526
Immigrant Petition by Alien Entrepreneur with the U.S. Citizenship and
Immigration Services (USCIS).
Immigrant investors applying for investor
visas are not required to possess or present labor certification. 
The USCIS must approve the Form I-526
petition form before an applicant can apply for an investor visa at a U.S.
Embassy or Consulate.
After the approval and issuance of the
investor visa, the investor’s spouse and unmarried, minor children of under 21
years of age may apply for immigrant visas with the investor. They will be
required to file appropriate forms for consideration.
The applicants will be
required to undertake all the necessary procedures involved in applying for a
visa and submitting the required documents. Know that the processing time for
the visitor visa varies
The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/investor-visa/">Investor Visa</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></content:encoded>
</item>
<item>
<title>E2 Visa Requirements</title>
<link>https://www.usimmigrationlawyer.co.uk/e2-visa-requirements/?utm_source=rss&utm_medium=rss&utm_campaign=e2-visa-requirements</link>
<dc:creator><![CDATA[admin2019]]></dc:creator>
<pubDate>Mon, 09 Dec 2019 21:04:21 +0000</pubDate>
<category><![CDATA[E2 Visa Requirements]]></category>
<category><![CDATA[Articles]]></category>
<guid isPermaLink="false">https://www.usimmigrationlawyer.co.uk/?p=1647</guid>
<description><![CDATA[The E2 Visa allows investors, their employees, and dependents to live and work in the United States. However, an essential requirement that must be satisfied is the applicant’s substantial investment in a U.S. business. Other E2 Visa requirements that a treaty investor must satisfy: The investor, whether currently residing in the United States or not, […]
The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/e2-visa-requirements/">E2 Visa Requirements</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
]]></description>
<content:encoded><![CDATA[The E2 Visa
allows investors, their employees, and dependents to live and work in the
United States. However, an essential requirement that must be satisfied is the
applicant’s substantial investment in a U.S. business.
Other E2 Visa requirements that a treaty investor must
satisfy:
<ul><li>The investor, whether currently
residing in the United States or not, must be a citizen of a country with which
the U.S. maintains a treaty of Trade and Navigation. It is not sufficient to
have permanent residence in one of the treaty countries; the investor must be a
citizen.</li><li>The applicant must provide
evidence of investing a substantial amount of capital in a legally registered
and licensed business in the United States. On the other hand, the investor
must provide proof of the process of investing in a bona fide U.S. business.</li><li>The investor must submit proof
that he/she intends to enter the United States primarily to develop and manage
the business or enterprise in which he/she invested.</li><li>It should be noted that the
second and third requirements above are subject to interpretation. Several ways
are available to prove compliance with the requirements. Read further for
explanations of some of the conditions below.</li></ul>
What Does Substantial Investment Mean?
That an investor
should invest a substantial amount of capital refers to a sum that is “at risk”
in a commercial sense. It implies that the capital was invested mainly for
profit-making, which can be lost either entirely or partially if the investment
fails.
The amount
viewed to be substantial enough to make the investor committed to the success
of the business starts usually start from $100,000. Although there are L1 visa
application that have been successful with slightly less than $100,000.
Explanation of the Developing and Directing the
Business
That an investor
is entering the United States to develop and direct the business he/she invested
in can be proven if the total invested amount equals to at least 50% of the
venture.
On the other
hand, the investor can provide proof that he/she is responsible for day-to-day
running of the business. The organizational business chart must back this
claim.The post <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk/e2-visa-requirements/">E2 Visa Requirements</a> appeared first on <a rel="nofollow" href="https://www.usimmigrationlawyer.co.uk">US Immigration Lawyer London</a>.
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