Not Selected in the H-1B Lottery? Explore Your Other Global Options

With H-1B cap season winding down, employers will soon begin to receive returned petitions that were not selected in the lottery. Employees who have other valid status, such as F-1 OPT or L-1, can remain in the United States and keep working so that their employer may try again for the lottery next year. However, for other employees whose only option was the H-1B lottery, their employers may need to make other plans. One of the following global options may be a good fit:  Return home & work remotely: The employee could return to their home country and work from home remotely. This may have labor law, digital security, and tax implications for U.S. employers, but an employee who is living in their country of citizenship can work for any employer, anywhere in the world.  While using the employee’s services remotely might be not be ideal, it can be a good temporary solution while trying to figure out other ways of bringing this employee to join the company in the U.S.  Work in other countries: The employee may be eligible to work in other countries such as Canada, the UK or Mexico. A US company with a Canadian branch can use Intra-Company […]
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New Zealand Nationals Now Eligible for E-1 & E-2 Treaty Trader & Investor Visas

Beginning June 10, 2019, eligible New Zealand companies and nationals are now able to apply for E-1 treaty trader and E-2 treaty investor temporary visa status. The U.S. Embassy in New Zealand announced the availability last week, following the enactment of the Knowledgeable Innovators and Worthy Investors (KIWI) Act, which was signed by President Trump on August 1, 2018. E-1/E-2 visa eligibility generally requires: A treaty between the U.S. and a foreign country or Congressional act; That majority ownership or control of the trading/investing company is held by treaty country nationals; and That each employee or principal of the company seeking E status is a treaty country national. Dependents (spouses and unmarried children under the age of 21) can join the E-1 or E-2 visa applicant in the United states for the duration of his/her stay. In this case, the dependent must apply for a derivative E-visa. To learn more about the E-1 and E-2 visa, please visit the E Visa Center page of our website. If you are interested in learning more about the E-1 or E-2 visa, be sure to contact our office to schedule a consultation with one of our attorneys today!
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New Social Media Presence Question on DS-160 & DS-260 for U.S. Visa Applicants

If you are applying for your nonimmigrant or immigrant U.S. visa abroad, you will likely notice a new question on the DS-160 and DS-260 applications. This new question asks for the applicant’s username and handle for any social media or online presence within the last five years. It specifically requests the information for more than 20 social media outlets including: ASK.FM DOUBAN FACEBOOK FLICKR GOOGLE+ INSTAGRAM LINKEDIN MYSPACE PINTEREST QZONE (QQ) REDDIT SINA WEIBO TENCENT WEIBO TUMBLR TWITTER TWOO VINE VKONTAKTE (VK) YOUKU YOUTUBE It is mandatory that this question is answered – it cannot be skipped. The password for each account does not need to be given. The U.S. Department of State has noted that this information will be collected and used for “identity resolution and vetting purposes based on statutory visa eligibility standards.” If you have questions on obtaining a U.S. visa or the application process, please contact our office to schedule a consultation with one of our attorneys today!
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The E-2 Visa and Real Property Investments

The E-2 investor visa was created to allow entrepreneurs from countries which maintain a trade and commerce treaty with the United States to establish new businesses in the U.S. through investment. Though E-2 visas are less often granted for investments in real property, there is a possibility that this type of investment may qualify for an E-2 visa if certain conditions are met. Here, we elaborate on these conditions. Before qualifying for an E-2 visa using a real property investment, a real property investor must first qualify for the E-2 visa through three requirements. Firstly, the entrepreneur must have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States. The investment cannot be a relatively small amount of capital in a marginal enterprise initiated solely for the purpose of earning a living. The business must also be active, meaning that an investment that is earned through minimal activity and with little daily effort or upkeep, such as investments in stocks, would not qualify. Secondly, the investor must be seeking entry into the United States solely to develop and direct the enterprise. And thirdly, the investor must intend […]
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Israel Signs an Investor Treaty with the United States

The E-2 visa category offers foreign entrepreneurs who wish to invest in an American business the opportunity to come to the United States. The E-2 visa carries with it many distinct advantages. Unlike other visa categories, the E-2 visa allows the applicant to be self-employed, which makes it a better option for entrepreneurs than other employment-based visas, such as the H-1B or O-1 visa. Additionally, the E-2 visa is good for up to five years, a longer term than some of the other available categories. E-2 investors may also be able to obtain E-2 status for certain employees that are needed to help establish and run a business in the U.S. Of course, there are restrictions for those interested in applying for an E-2 visa. First, at the most basic level, there are two qualifications for an E-2 visa that must be met: (1) an investment of a substantial amount of capital in a U.S. enterprise and (2) development and direction of the enterprise as the sole purpose of arrival in the United States. Second, only investors from countries with which the United States has a treaty investor agreement are eligible. Very recently, the United States has signed a long-awaited […]
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Client of the Month: Ted Logan & the PGA

Ted Logan works in the United States for PGA of America as a Player Development Consultant. Mr. Logan has always felt passionate about golf and has found his true calling working for the PGA in the U.S. However, Ted and his family are Canadian nationals and have faced numerous immigration roadblocks to stay in the U.S. When these roadblocks finally came to a head, Berardi Immigration Law stepped in.  Our office successfully applied for TN visas for Mr. Logan in the past, but more recently, our office procured a green card for Ted based on his employment in the U.S. This green card allowed him and his family to remain in the country for a longer stretch of time and to settle into a more stable life. The green card process was not as simple as it sounds. Mr. Logan recalls many difficulties and rough patches along the way. “Both the TN and Green Card process presented many challenges. Much of it was timing and detail based with checkpoints for applications, processing, document review, interviews and border crossings.” However, Mr. Logan states that the support of Berardi Immigration Law made these challenges manageable and easy to overcome. Berardi was there at […]
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Breaking News: Certain Ports of Entry No Longer Allowing L-1 Renewal Applications for Canadian Citizens

Berardi Immigration Law has recently learned that certain ports of entry along the Canadian border are now refusing to process petitions for renewal L-1 applications that are presented by Canadians pursuant to the North American Free Trade Agreement (NAFTA). This new policy affects both individual and blanket L petitions.  Initial reports indicated that this was a problem only at Customs and Border Protection (CBP) locations near Calgary. However, it has since expanded throughout several ports of entry and preclearance locations including Toronto Pearson International Airport (preclearance), Winnipeg, Vancouver, Calgary, Montréal Pierre Elliott Trudeau International Airport (preclearance), Edmonton, Seattle, Pembina, Warroad, Pt. Roberts, Sumas, and more. Over the weekend, we have been informed that the Peace Bridge located in Buffalo, New York is now also enforcing this policy. This impacts all ports of entry under the Buffalo jurisdiction, including the Rainbow Bridge, Queenston/Lewiston Bridge, and Thousand Islands Bridge and all ports of entry on the northern New York/Canadian border. All L-1 renewal petitions for Canadians must now be submitted directly to USCIS for adjudication. The ports of entry that are refusing to process these petitions are relying on a section of the regulations (8 CFR §214.2(l)(15)(i)), which state that petition extensions […]
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