Immigration Law Updates, Legal Updates
Third Country Nationals are any non-Canadians applying for a nonimmigrant visa. This includes visa categories such as the O-1, L-1, E-2 and E-3 visas for Australians. U.S. consulates and embassies in Canada have temporarily suspended nonimmigrant visa processing for non-Canadians during June, July and August (2014) due to staffing issues. If your appointment has already been scheduled, you will not be affected by these changes in service. Please note also that this does not apply to applicants who live in Canada with a valid Canadian immigration status. Currently, the only consulates with remaining availability during the month of September are Calgary and Vancouver. However, this is subject to change so please plan in advance. The Toronto and Ottawa posts are currently scheduling visa appointments in October and do not plan to release any earlier appointments during the summer months. There is the possibility of the Ottawa Embassy assisting in scheduling appointments for applicants who hold senior or executive positions with their U.S. employers. However, it is wise to consider all interview options available in each individual circumstance and plan accordingly. Should you require additional assistance, please do not hesitate to contact us at info@ibvadvisorygroup.com or (310)...
Immigration Law Updates, Legal Updates
An increased number of Australians are now looking to call the US home, as figures from the US Department of Homeland Security (USCIS) show that a total of 35,353 E-3 Visas were issued in 2012, an increase of nearly 4,000 applications from the 2010 total. This E-3 Visa figure includes both principle applicants, renewal applicants and all dependent applicants. The figures show a rise in the popularity of the E-3 Visa with Australians, which was established in 2005, as the E-3 Visa had only 1,918 successful applicants in 2006. However, in reality, this is only a slight bump up in numbers from the approximately 2,000 new applications that are approved each year. Only 10,500 new E-3 Visas are issued annually during each fiscal year, which runs from October 1st to September 30th. The quota was not reach for the U.S. fiscal year ending September 30, 2013. Spouses and children of applicants do not count against the quota, nor do applicants extending their E3 visas whilst still in the U.S. and working for the same employer. Many Australians see these numbers as an opportunity to build upon their career in the US, at a time when countries like the UK are making it increasingly difficult for skilled migrant workers to enter the country. Another appeal of the E-3 Visa is the ability for dependents to work in the US, which is a benefit not available to dependents of H-1B holders. The E-3 Visa is currently only available to Australians, although there has been talk around recent immigration reform which would extend the E-3 Visa category to Irish immigrants in the...
Immigration Law Updates, Legal Updates
The deadline to enter the green card lottery for 2015 is approaching. Online registration for the 2015 Diversity Visa Program will conclude on Saturday, November 2, 2013 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4). See the Diversity Visa Program Instructions webpage for the DV 2015 Instructions and any available translations. Get more information here: http://travel.state.gov/visa/immigrants/types/types_1322.html Diversity Visa program DV-2014 entrants can now check the status of their DV-2014 entry at:...
Immigration Law Updates, Legal Updates
The E-2 Treaty Investor Visa is available for foreign nationals seeking to live in the U.S. to invest, develop, and manage the operations of a business. The E-2 Visa is a great option for those would like to start a business – large or small. Qualifying for the E-2 Visa entails submitting an extensive file to meet the specific requirements previously set forth in the article posted here. This FAQ represents our client’s most frequently asked questions on the FAQ. While the answers are accurate, more information may be required depending on your particular circumstances, so please do not hesitate to contact our office with any follow-up questions. 1. Can I get a Green Card with an E-2 Visa? An E-2 Visa is a non-immigrant visa and will not give the holder the ability to apply for a Green Card. Although the E-2 Visa holder will not be eligible for a Green Card, the E-2 Visa is often approved for a period of 5-years and can be renewed indefinitely for so long as the business is still in operation. For those applicants who otherwise qualify for an EB-5 visa (or any other immigrant visa category leading to a Green Card), take caution and consult an attorney prior to applying for the E-2 Visa. Non-immigrant Visa categories require applicants to possess the intent to return home to their home country at some point; and applying for an Immigrant Visa category (e.g., EB-5) on its face demonstrates an intent to remain permanently in the U.S. Thus, an application to remain permanently in the U.S. while on the E-2 Visa will land...
Immigration Law Updates, Legal Updates
Many entrepreneurs and investors look to invest in the US market for any number of reasons. Some become discouraged about moving to the US as a pipe dream; seeing it as a possibility available only to very large companies or high net worth individuals. However, there is an option available to entrepreneurs, startups and investors which require substantially less capital than the $1 million required under the EB-5 green card investor visa. The E-2 Treaty Investor Visa is available to entrepreneurs, investors and business owners of treaty countries who seek to live in the U.S. to develop and direct the operations of a business. The business can be large or small, so long as applicants meet the specific requirements outlined in this article. While the E-2 Visa Treaty Investor Visa does not grant an Investor or his family members eligibility for permanent residency (green card), this two-year visa option can be renewed indefinitely, for generally less than a $200,000 USD investment (depending on the type of business). This post gives an overview of the requirements of the E-2 Treaty Investor Visa, as well as investment requirements for the E-2 Treaty Investor Visa. OVERVIEW OF REQUIREMENTS 1. Individual Must Be a National of a Treaty Country The E-2 Investor Trader Visa is available only to people from the countries under an existing treaty with the U.S. Most common western countries are on the list (the UK, Ireland, Germany, Australia), as well as many countries from Asia (Thailand, the Philippines) and South America (Chile, Paraguay), to name a few. Israel was also recently added to the list. For a complete list...
Immigration Law Updates, Legal Updates
The E-3 visa is a non-immigrant visa category which provides Australian citizens with the opportunity to work in the United States for a period of two years on a renewable basis. The E-3 visa category permits Australian citizens to work in the U.S. in “specialty occupations” which require at a bachelor’s degree in a specific field. In order to qualify for the E-3 visa category, the Australian citizen must also possess the required bachelor’s degree or the equivalent in education or work experience. These E-3 Visa FAQ are designed to provide a better understanding of some commonly asked questions surrounding the application process for the E-3 Visa. The following provides basic information, sometimes about fairly complex topics, which should be followed up with legal advice tailored to your personal circumstances. Is There an E-3 Visa Quota or Cap? There is an annual E-3 visa quota or cap of 10,500 but this number has rarely been reached since the visa category’s inception. Must I Be a Full-time Employee or Can I Be a Part-time Employee Under the E-3 Visa? You may apply for an E-3 Visa for a full-time position or a part-time position, but please note that there is no shortcut process for a part-time E-3 Visa application. The process is the same and you will still need to obtain an approved Labor Condition Application (LCA) prior to your interview. How Do I Transfer Employers Under the E-3 Visa? You can transfer your E-3 Visa from one employer to another. There is no limit on the number of E-3 Visa transfer applications that can be filed. You can either transfer...
