January 16, 2013 § Leave a Comment
The E-2 visa is one of the most advantageous nonimmigrant visas available to foreigners who want to stay and work in the United States.
This investment visa is available for nationals of 80 countries with which the U.S. maintains a treaty of commerce and navigation. The applicant must be coming to the U.S. to develop and direct the operations of an enterprise in which she has invested. The E-2 visa is not for self-employment, but rather to create jobs for U.S. workers. The foreigner must be prepared to invest a substantial amount of capital.
The following are required for an E-2 visa:
First, the investor must have the necessary funds in his control and they must be irrevocably committed to the business enterprise. Having an intent to invest is not sufficient. It cannot be a speculative business. You must show:
- proof of incorporation
- lease or purchase of business premises
- asset-purchase agreements
- equipment purchase agreements
Second, the investor should make a “substantial” investment in the planned business. U.S. Consulates have considerable latitude in determining what is a substantial investment. Typically, $100,000 is the threshold investment amount to be considered viable for an E visa. Although, this does not mean that anything over $100,000 is guaranteed E-2 visa. an approval.
Third, the investor must prove that the funds are “at risk.” Thus, if the business fails, the money would be lost. Money secured against the new business assets is not allowed for an E-2 visa as there is no risk involved.
Lastly, and perhaps most importantly, the investment cannot be “marginal.” A marginal enterprise is one that only generates sufficient income to support the investor and his family. The goal of an E-2 visa is to create jobs for U.S. workers. Thus, the E-2 investment must be able to generate enough income to pay other workers. A strong, well-written business plan may accomplish this goal.
The duration of the E-2 visa is initially two years and it can be extended for as long as the business continues to operate. The application is typically made directly at the U.S. Consulate in the country where the foreigner resides. In addition, unlike some other nonimmigrant visas (such as the H visa) the spouse of an E-2 visa holder can also apply for work authorization and is free to work anywhere for any employer.
There are other details involved in an E-2 visa application (such as the ability to allow non-investors to obtain an E-2 visa to be a manager or similar). We recommend you contact us with your questions about the E-2 visa for you or someone you know. It’s what we do!
May 16, 2011 § 1 Comment
Friday the U.S. Citizenship and Immigration Services launched a new website dedicated to the I-9 form called I-9 Central. They claim it will be an online resource for employers to address how to complete I-9 forms, documents accepted for I-9 purposes and retention requirements. We know from experience that completing the I-9 Form takes more than a government web site how-to! It requires hands-on training and practice.
We have the answers: GoffWilson offers comprehensive training workshops, guidance with internal audits, and I-9 compliance policy development.
Please contact us with your I-9 related questions.
October 12, 2010 § Leave a Comment
Knowledge is power in the changing landscape of federal immigration enforcement.
GoffWilson, an immigration law firm with offices in New Hampshire and abroad, announces an encore presentation of the winning seminar for Employers and Human Resource Professionals, “Form I-9 & E-Verify: What You Need To Know 2010”. Back by popular demand for the third time, the training workshop will take place on Thursday, November 18, 2010 from 8:00 a.m. to 11:30 p.m. at Delta Dental Auditorium in Concord, NH.
Participants earn three Human Resource Certification Institute (HRCI) continuing education credit hours for completing the training.
March 30, 2010 § Leave a Comment
No, it’s not an April Fool’s Day joke. The 2010 H-1B Visa filing date is approaching quickly: April 1, 2010. With only 65,000 available, the H-1B Visa is the most sought-after visa, and sponsoring employers should act immediately.
The H-1B Visa:
- A non-immigrant visa that allow U.S. employers to temporarily employ foreign workers in “specialty occupations”.
- The “specialty occupation” requires theoretical and practical application of highly specialized knowledge and attainment of at least a bachelor’s degree (or the foreign equivalent) and state licensure (if required to practice).
- For an employer’s petition (sponsorship) of an H-1B nonimmigrant to be approved, the specialty worker’s credentials must match the needs of the position to be filled within the specialty occupation.
- According to immigration laws, the earliest possible date that an employer may file an H-1B petition for the next fiscal year’s cap is April 1, for an October 1 employment start date.
Read more about the H-1B Visa.
Obtaining an H-1B Visa has become increasingly difficult, and planning a well-timed filing is essential. Employers in quest of petitioning foreign workers for H-1Bs should seek professional assistance from an experienced law firm.
GoffWilson has been assisting immigrants and employers for 30 years. We welcome your inquiries pertaining to H-1B Visas or any other immigration matter. Click here to contact GoffWilson, or call 603.228.1277.
November 19, 2009 § Leave a Comment
According to today’s announcement by USCIS Assistant Secretary John Morton, 1,000 employers will receive Notices of Inspection (NOIs) from Immigration and Customs Enforcement (ICE) this week. These employers will have to undergo a complete audit of their I-9 forms and were selected based on “investigative leads and intelligence and because of the business’ connection to public safety and national security—for example, privately owned critical infrastructure and key resources.”
This latest development is in keeping with the updated ICE worksite enforcement guidance released by the Department of Homeland Security in April. “In this strategy, ICE identified form I-9 audits as the most important administrative tool in building criminal cases and bringing employers into compliance with the law.” Indeed, in the last six months ICE has initiated more than double the number of I-9 inspections than it initiated in all of FY2008. We expect this trend to continue and cannot stress strongly enough the need for all businesses of all sizes and across all industries to make sure they have comprehensive I-9 training and policies in place before ICE knocks on the door. For compliance strategies, or to learn more about our digital I-9 solution, please contact us.
November 16, 2009 § Leave a Comment
As reported in local news, the crackdown on employers continues. In Minnesota 1,200 employees of ABM were fired in October. ABM is a large U.S. company who contracts to provide janitorial services to large office buildings; the fired employees all worked as janitors for the company. The firings came about as the result of a government audit of the company’s I-9 forms. It appears the company has cooperated fully with Immigration and Customs Enforcement, though ABM’s cooperation does not mean they will avoid civil or criminal charges. This quieter type of immigration raid is in keeping with the stated intention of this Administration to focus its efforts on employer compliance.
If you have questions or would like to learn more about GoffWilson’s comprehensive I-9 services, please contact us.