United States Immigration

The E-2 visa is a non-immigrant visa that allows citizens of certain countries, including Canada, to live and work in the United States based on a substantial investment in a U.S. business. To qualify, Canadian citizens must establish that they are investing a significant amount of capital in a bona fide U.S. enterprise and that they are coming to the U.S. to develop and direct the enterprise. The investment must be "substantial" and sufficient to ensure the successful operation of the business. Additionally, the investment must be at risk, meaning that the funds are committed and subject to loss if the business fails. The E-2 visa is typically issued for up to five years and can be renewed indefinitely as long as the investor continues to meet the requirements. It's important for Canadian citizens considering the E-2 visa to consult with an immigration attorney or specialist to ensure they meet all the necessary criteria and to navigate the application process successfully.

The E-2 visa has several criteria that applicants must meet to qualify: 

 1. **Nationality:** The applicant must be a citizen of a country that has a treaty of commerce and navigation with the United States that includes E-2 visa eligibility. Fortunately, Canada is one of these countries.

 2. **Investment:** The applicant must invest a substantial amount of capital in a U.S. business. While there is no set minimum investment amount, it should be enough to ensure the successful operation of the business. 

 3. **Ownership:** The applicant must have at least 50% ownership of the U.S. business or demonstrate operational control through a managerial position or other means. 

 4. **Enterprise:** The investment must be in a bona fide U.S. enterprise, meaning a real, active, and operating commercial or entrepreneurial undertaking. 

 5. **Intent:** The applicant must intend to develop and direct the U.S. enterprise. This typically involves creating job opportunities for U.S. workers and generating economic growth. 

 6. **Non-Marginality:** The enterprise must not be marginal, meaning it must have the capacity to generate more than enough income to provide a minimal living for the investor and their family. 

 7. **Source of Funds:** The applicant must demonstrate that the investment funds were obtained legally. 
This requires providing documentation to prove the lawful source of the capital. Meeting these criteria is essential for a successful E-2 visa application. Additionally, it's recommended to consult with an immigration attorney or specialist to ensure all requirements are met and to navigate the application process effectively.

EB-5 Investor Visa program

Immigrant petitions of foreign investors, also known as the EB5 immigrant visas, have successfully helped many immigrants and their families move to America permanently while contributing to creation of new jobs and assisting the industrial development in their new communities. EB5 investor visa became extremely popular due to the benefits (green card) it offers.

EB-5 Immigrant Investor Regional Center List

The following is a list of current EB-5 Immigrant Investor Regional Centers by state. It is periodically updated and up to date.

Applying for Work-Based Nonimmigrant Visa as an Investor or Entrepreneur

The primary nonimmigrant classification for investors and entrepreneurs is the E-2 (E2) Treaty Investors classification. However, provided that the requirements are met, an alien seeking to enter the United States as an investor or entrepreneur may instead apply for an H-1B (H1B), L-1 (L1A or L1B), or O-1 (O1) visa. This is especially important for investors and entrepreneurs who are not nationals of a treaty country in order to qualify for an E2 visa. However, because the H1B, L1, and O1 classifications all require an “employer-employee relationship” both in order to obtain a visa and to maintain status, investors and entrepreneurs may have difficulty meeting the requirements for those classifications where they have a significant ownership stake in the petitioning entity. This article will address special considerations for investors and entrepreneurs seeking to obtain one of those three nonimmigrant employment visas.

Employment immigration in the U.S. involves individuals seeking to work and live in the country. There are various visa categories for employment-based immigration. Common ones include: 

1. **H-1B Visa:** - For specialty occupation workers with at least a bachelor's degree. - Employer sponsors the visa. 

2. **L-1 Visa:** - For intracompany transferees, allowing employees of multinational companies to work in the U.S. - Has both L-1A (managers/executives) and L-1B (employees with specialized knowledge) categories. 

3. **EB-1, EB-2, and EB-3 Green Cards:** - Employment-based immigrant visas for priority workers, professionals with advanced degrees, and skilled/other workers, respectively. 

4. **TN Visa:** - For citizens of Canada and Mexico under the North American Free Trade Agreement (NAFTA). - Covers various professional occupations. 

5. **O Visa:** - For individuals with extraordinary ability or achievement in fields such as sciences, arts, education, business, or athletics. 

6. **E-3 Visa:** - For Australian citizens in specialty occupations. The process generally involves a U.S. employer filing a petition on behalf of the foreign worker. Steps may include Labor Condition Application (LCA) approval, filing the petition with USCIS, and, for some visas, attending a visa interview at a U.S. embassy or consulate. 

• If you have specific questions or if there's a particular employment-based visa you're interested in, please contact us. 

7.**E-2 Visa for Canadians:** -The E-2 visa is a non-immigrant visa that allows citizens of certain countries, including Canada, to live and work in the United States based on a substantial investment in a U.S. business. To qualify, Canadian citizens must establish that they are investing a significant amount of capital in a bona fide U.S. enterprise and that they are coming to the U.S. to develop and direct the enterprise. The investment must be "substantial" and sufficient to ensure the successful operation of the business. Additionally, the investment must be at risk, meaning that the funds are committed and subject to loss if the business fails. The E-2 visa is typically issued for up to five years and can be renewed indefinitely as long as the investor continues to meet the requirements. It's important for Canadian citizens considering the E-2 visa to consult with an immigration attorney or specialist to ensure they meet all the necessary criteria and to navigate the application process successfully.

The E-2 visa has several criteria that applicants must meet to qualify:.

8.** O-1 Visa :** for Individuals with Extraordinary Ability The O-1 Visa is designed for individuals who possess extraordinary abilities in their field, whether in science, arts, education, business, or athletics. Our team helps talented individuals secure O-1 status, allowing them to work and live in the U.S 

Family sponsorship in the U.S. usually involves a U.S. citizen or a green card holder (permanent resident) sponsoring a family member to come to the country. U.S. citizens can sponsor a broader range of family members, including spouses, children, parents, and siblings. Green card holders can typically sponsor spouses and unmarried children. The sponsor needs to file a petition, and the process varies depending on the relationship and the sponsor's status. If you have specific questions about family sponsorship, please provide more details.

the steps for family sponsorship in the U.S. involve the following general process: 

1. **Determine Eligibility:** - Confirm your eligibility as a sponsor (U.S. citizen or green card holder). - Identify the eligible family members you want to sponsor based on your immigration status. 

2. **File Petition (Form I-130):** - Complete and submit Form I-130, Petition for Alien Relative, with the U.S. Citizenship and Immigration Services (USCIS). - Include the required supporting documents, such as proof of relationship and evidence of your status. 

3. **Wait for USCIS Decision:** - USCIS will review the petition. If additional information is needed, they may request it. - Once approved, USCIS forwards the petition to the National Visa Center (NVC). 

4. **Wait for NVC Processing:** - NVC processes the case, assigns a case number, and informs both the sponsor and the intending immigrant. 

5. **Submit Visa Application (Form DS-260):** - Complete Form DS-260, Online Immigrant Visa Application, and pay the required fees. 

6. **Attend Medical Examination and Visa Interview:** - The intending immigrant undergoes a medical examination and attends a visa interview at the U.S. embassy or consulate in their home country. 

7. **Receive Visa:** - If approved, the intending immigrant receives an immigrant visa in their passport. 

8. **Travel to the U.S.:** - Once the visa is issued, the immigrant can travel to the U.S. within the specified timeframe. 

9. **Arrival in the U.S.:** - Upon arrival, the immigrant undergoes inspection by U.S. Customs and Border Protection and is admitted to the U.S. as a permanent resident. 

10. **Receive Green Card:** - USCIS mails the green card to the immigrant's U.S. address. 

Keep in mind that processing times and specific requirements can vary, and it's crucial to stay updated with the latest information from USCIS and the State Department.

If you have more specific questions or need guidance on a particular aspect, feel free to ask.

Oftentimes people enter the USA legally as non-immigrants and while here run into a change in their personal situation, which requires them to seek permanent residency from within the USA. Many circumstances may lead to such a situation. A foreign student who graduated from an American institution of higher education and found a job; a spouse of a US citizen, or an asylum recipient are some of the most common examples.  The US immigration law commonly refers to the process of petitioning for a Legal Permanent Resident (LPR) status while inside the United States as “adjustment of status”. 

Immigration waivers are available for various grounds of inadmissibility and ineligibility for nonimmigrant and immigrant visas. Immigration waivers are available for immigration fraud or misrepresentation of a material fact to obtain immigration benefits (212(i)), inadmissibility for criminal and related grounds (212(h)), and certain health-related grounds (212(g)). Section 212(d) provides immigration waivers for numerous grounds of inadmissibility and ineligibility, including document fraud. There are limited immigration waivers of inadmissibility for inadmissibility stemming from the accrual of unlawful presence (212(a)). Regulations also permit certain aliens who are subject to the one of the unlawful presence grounds of inadmissibility to seek an immigration provisional unlawful presence waiver before departing the United States in order to apply for an immigrant visa. Limited immigration waivers for missing documentation are available (212(k)). There are special immigration waiver provisions for asylees and refugees (209(c)).