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Immigration & Naturalization Services

Business Immigration

Employees are a business’s most valuable asset. Managing a global workforce with a short-term and long-term strategy for accomplishing realistic objectives, on the basis of up-to-date information, are essential components to U.S. business immigration processes.
We bring over 35 years of experience, integrity, and differentiated services to the job, providing our business and institutional clients with the peace of mind and security they need to successfully hire foreign nationals.
We have years of experience advising employers, institutions and multinational corporations concerning immigration compliance-related matters and immigration governance programs in support of responsible corporate behavior and defined accountability standards.
We provide full consular support including preparing visa applications, making visa fee payments, and scheduling visa appointments at the U.S. Embassy or Consulate in your home country. We also prepare you for your visa interview by providing detailed guidance on the documents you are required to bring with you to your appointment and providing you with case-specific advice by one of our U.S. attorneys.

nnOur office can also assist you with other consular services such as expedited application processing, where available; filing waivers of inadmissibility; filing for abandonment of permanent residence; and applying for visa renewals.
Every embassy or consulate has their own specific rules and procedures that vary from country to country. We can assist you in navigating this process for common visas like tourist visas or more complex visas that require sponsorship and have multiple moving parts. We have experience working with U.S. embassies and consulates all over the world and are familiar with current consular processes in over 33 countries.

nnWhen individuals are in the U.S. on a temporary work visa, that visa will need to be renewed before it expires. We assist our clients with the visa renewal process for them and their dependent family members providing timely guidance and advice.

INVESTOR & ENTREPRENEUR VISAS

Foreign nationals wishing to invest in or trade with the United States may pursue legal permanent residence or a temporary visa by making the necessary capital investment in a commercial enterprise.

E - 1 TREATY TRADERS

The E-1 visa is a nonimmigrant visa classification reserved for nationals of a country with which the U.S. maintains a treaty of commerce and navigation. This visa allows an individual to enter the U.S. to engage in international trade. A current list of countries with which the U.S. maintains a treaty can be found here.

E - 2 TREATY INVESTORS

Like the E-1, the E-2 visa is a nonimmigrant visa classification reserved for nationals of a country with which the U.S. maintains a treaty of commerce and navigation. However, the E-2 visa allows an individual to enter the U.S. when he or she invests a substantial amount of capital in a U.S. business. What is considered a “substantial” investment depends on the type of business, among other factors. A current list of countries with which the U.S. maintains a treaty can be found here (Treaty Countries).

EB-5 INVESTOR VISA PROGRAM

The EB-5 visa is a path to permanent residence ideally suited to wealthy foreign nationals for whom employment- or family-based immigration is unavailable. The EB-5 visa program exists primarily to stimulate the U.S. economy and create jobs for U.S. workers. The foreign national wishing to pursue this path will select and make the necessary capital investment in one of many commercial enterprises structured to receive EB-5 funding. The investment must ultimately create or, in certain circumstances, preserve 10 permanent full-time jobs for qualified U.S. workers. The rules are complex and vary according to the investment vehicle. In all cases, however, the source of the investment funds must be traceable to lawful activities.
We provide full consular support including preparing visa applications, making visa fee payments, and scheduling visa appointments at the U.S. Embassy or Consulate in your home country. We also prepare you for your visa interview by providing detailed guidance on the documents you are required to bring with you to your appointment and providing you with case-specific advice by one of our U.S. attorneys.

nnOur office can also assist you with other consular services such as expedited application processing, where available; filing waivers of inadmissibility; filing for abandonment of permanent residence; and applying for visa renewals.

The location where the commercial enterprise will be principally doing business or creating jobs determines the minimum capital amount required to invest in an EB5 program. Effective November 21, 2019 the minimum capital amount is generally $1,900,000 (up from $1,000,000) or if the investment is in a commercial enterprise located in a rural area or area of high unemployment, the amount drops to $900,000 (up from $500,000).

In addition to government filing fees associated with the filing of the EB5 visa processes and legal fees, an investor who invests in a regional center will also pay an administrative fee to the Regional Center.

Regional Centers are organizations authorized by USCIS to promote capital investment projects structured to accept EB5 investor capital towards the attainment of US permanent residence. EB5 investments in regional centers generally eliminates the need for the investor to participate in the day-to-day operations of the new commercial enterprise and rather limits the investor’s activities to policy-making decisions in the role of limited partner or member. A non-regional center direct investment on the other hand requires active participation and control of the project by the EB5 investor.

Another advantage in investing in an NEC affiliated with a regional center is the inclusion of indirect jobs created by the EB5 investment whereas a direct investment unaffiliated with a regional center can only count the number of direct permanent full time jobs created by the investment towards satisfying the job creation requirement.

Yes. The USCIS website provides a list of currently active and authorized Regional Centers. USCIS also publishes the names of the Regional Centers that have been terminated.
Yes. The investor bears the burden of proving by credible documented evidence that the capital invested in an EB-5 project derives from lawful sources.
Yes. A single EB-5 petition is needed to qualify the investor, spouse and minor children for the benefits of the EB-5 immigrant visa preference. Upon approval of the petition, the investor and each family member, however, must apply for his or her own immigrant visa and qualify for permanent residence on the basis of the standards of admissibility imposed by law.

All investments in commercial enterprises are subject to loss. An investor seeking EB5-based permanent residence must consider his/her ability to manage and control an investment in a new commercial enterprise, direct the business with a view towards growth, and have sufficient financial wherewithal to sustain him/herself during the initial start-up or restructuring stages of the investment in order to maintain the capital investment at risk throughout the entire process and attain the number of full time hires required.

Additionally, if investing in a regional center, the investor must bear in mind that not all regional centers are created equal. An investor is responsible for diligently investigating an EB5 opportunity before investing in it. USCIS clearly states on its website that approval of an EB-5 regional center application does not constitute a government endorsement of activities of that regional center; guarantee compliance with U.S. securities laws; or minimize or eliminate risk to the investor. Potential investors are encouraged to seek professional advice when making any investment decisions.

Immigration to the U.S. in conditional permanent resident status is possible upon approval of the initial petition.

Historically, USCIS has processed the initial EB-5 petition within, on average 18-22 months from the date of filing of the petition. Investors are urged to not make plans to immigrate, divest oneself of assets, undertake commitments in the U.S. until the petition is approved.

Upon approval of the petition, the immigrant visa process or adjustment of status (if residing in the U.S. when the petition is approved) can take 6-8 months.

Family immigration & other visas

U.S. permanent residents and U.S. citizens may petition for certain family members to obtain permanent resident status.

K-1 FIANCÉ(E) VISA

The K-1 fiancé(e) visa allows a foreign national to apply for his or her green card if certain conditions are met. A U.S. citizen may petition for his or her fiancé(e) to obtain a K-1 nonimmigrant visa to travel to the United States. After being admitted to the U.S. as a K-1 nonimmigrant, the foreign national has 90 days to marry his or her U.S. citizen fiancé(e). The foreign national can then apply for lawful permanent residence (a green card). USCIS strictly scrutinizes these applications to ensure the marriage is bonafide.

GREEN CARD

A Permanent Resident Card, commonly referred to as a “Green Card,” allows an individual to live and work permanently in the United States. There are several ways a person can become a Lawful Permanent Resident (LPR) and obtain what is referred to as a “green card.” The most common ways to obtain a green card are either through sponsorship by a family member or an employer, although there are other avenues available to individuals who qualify for humanitarian programs such as asylum.

NATURALIZATION & CITIZENSHIP

Naturalization is the process of applying for U.S. citizenship. Some individuals are born outside of the U.S. to a U.S. citizen parent and may be unaware that they already are U.S. citizens. Other individuals who have entered the U.S. to work and live permanently and who have their green card may apply to become naturalized after a certain period of time.

This depends on how you obtained your green card. If you obtained your green card through marriage to a U.S. citizen, and otherwise qualify for naturalization, you can apply for naturalization after 3 years from the date you obtained your green card or were admitted to the U.S. in LPR status. On the other hand, if you did not obtain your green card through marriage to a U.S. citizen, and otherwise qualify for naturalization, you must wait 5 years before you can apply.

Generally, in order for a person to naturalize he or she must meet the following criteria:

  • Be 18 years or older at the time of filing;
  • Be a lawful permanent resident for at least 5 (or 3 years if based on marriage) immediately preceding the date of filing;
  • Have lived in the state where the applicant resides at the time of filing for at least 3 months;
  • Have continuous residence in the U.S. as a lawful permanent resident;
    Be physically present in the U.S. for at least half of the 5 (or 3) years prior to filing;
  • Have continuous residence in the U.S. as a lawful permanent resident;
    Be physically present in the U.S. for at least half of the 5 (or 3) years prior to filing;
  • Reside continuously within the U.S. from the date of filing until the time of naturalization;
  • Be able to read, write, and speak English and have knowledge and understanding of U.S. history and government; and
  • Be a person of good moral character and agree to the principles of the U.S. Constitution.

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This is a promotional communication from Sonia Col & Associates, P.C. and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have. Any tax information or written tax advice contained herein (including any attachments) is not intended to be and cannot be used by any taxpayer for the purpose of avoiding tax penalties that may be imposed on the taxpayer.