Image via Wikipedia

How do you choose the RIGHT business visa to live and work in the United States? Well, it depends on how you answer a number of questions about your goals, education and work history. A quick survey of the available visas is the place to start, so let’s look today at the L-1, E-2, EB-5, B1, H1B   (Other visas are available, including the J, P, O, Q,  and TN etc., but these will be reviewed at another time.)

L Visa
The L visa is one of the most useful tools available to international companies who need to bring qualified foreign employees to the United States. Let’s say that a company located abroad establishes a company (meeting certain ownership requirements) in the United States, with the intent to continue operating the company abroad. The L visa allows a worker at the foreign company to relocate to the office in the United States after having worked abroad for the company for at least one year prior to being granted L-1 visa status.

If the foreign worker is married, he or she can bring their spouse and their spouse can work without restriction. Better yet, the worker can have the dual intent of working here with a temporary visa, while intending to eventually apply for permanent residence.

E Visa
Contrast this with an E visa, which requires a treaty to exist between the United States and the foreign country under whose treaty the E status is sought. A list of treaty countries may be found at:

http://usimmigrationteam.com/E-2-Visa-Investor-Visa-E-1-Visa.htm

For the person with money to invest, the E2 is a way to live and work in the United States for an indefinite period of time. There is no set amount for the investment. However, must be a “substantial amount of capital” that generates “more than enough income to provide a minimal living for the treaty investor and his or her family.”

Many attorneys suggest a minimum of $100,000, depending on the country from which the worker will be coming from, and the nature of the business. Obviously, some businesses require more capital than others to start and operate successfully. The investor’s spouse may apply for employment authorization.

EB-5 Visa
The L1 and E2 visas require active involvement in the business. For the person that is looking for a passive investment, and has plenty of money to invest, the EB5 visa offers the most benefits. Although there are other options, this visa gives you an opportunity to invest in certain qualified investments or a regional center with high unemployment rates. The minimum investment is $500,000.

A petition is filed and upon approval, you can apply for permanent residence if you are in the United States. If you are abroad, the U.S. Embassy in your home country will notify you when it is time to prepare documents for the visa interview.  After two years, you will need to file for removal of conditions on your permanent green card. Your green card should then be renewed every ten years, unless you have become a US citizen.

The advantages of the EB5 program are:

1) The visa is a direct route to permanent residence for you, your spouse and children under the age of 21;

2) You have the freedom to live, work and retire anywhere in the United States;

3) You can apply for US citizenship after 5 years of permanent residency; and

4) Children may attend college/university at U.S resident tuition rates.

Now, for the person who simply does not have that kind of money to invest, and only has the goal of being in the United States for a short time and for specific business purposes, the B1 visa may be more applicable.

B-1 Visa
For example, a B-1 visa can be used for such activities as forming a corporation, opening bank accounts, attending conferences and meetings, and even signing contracts to get ready to conduct business. However, a B-1 visa holder cannot work and receive compensation in the U.S. If a holder of a B-1 visa does work in the US, s/he will be in violation of the terms of the visa.

H1B Visa
An H1B visa, though not typically considered a business visa in the proper sense, can be used by a U.S. company to hire a specialty worker, that is one who has a bachelors degree or its equivalent. The potential employee’s degree must have some nexus with the position being offered and the position must be one that would typically require a bachelors degree.  If successful, the employee and his or her spouse and children may all remain in the US for 3 years with the option to renew for another 3 years.  Spouse are eligible to obtain employment authorization. The H1B employee must be paid the prevailing wage for a similar position in your area.

Tom and Peter
The Immigration Guys

Image by Getty Images via Daylife

Temporary Protected Status (TPS) Designated
Janet Napolitano  designated Haiti for TPS on January 15, 2009 in response to the devastation left behind by the tragic earthquake last week.  This means that 100,000 to 200,000 Haitian nationals living illegally in the U.S. may apply for benefits, including the right to live and work  in the United States.

TPS has been designated for other countries in the past and is designed to temporarily provide legal immigration status to eligible nationals of countries designated by the Secretary of Homeland Security.

Not All Haitian Nationals Are Eligible To Apply For Haitian TPS

In order to be eligible applicants need be a national of Haiti, or a stateless person who last habitually resided in Haiti. In addition, there are certain residency requirements that must be met 1) Elligible applicants must have resided in the U.S. as of January 12, 2010 and 2) must remain continuously physically present in the United States from the date of the Federal Register Notice publication, announcing the opening of the initial filing period for registration.

It is also notable that the conviction of any felony or two or more misdemeanors in the U.S. will make one ineligible for TPS benefits.

TPS Registration Period Open For 180 Days
Haitian TPS registration will be  open for  a 180-day period only. The opening daet is expected to be announced this week. You should not attempt to file early as applications will  likely be rejected. Further applications must be filed before the final of the registration date.

Haitian TPS Application Seminars and Online Webinars

Goldman & Loughlin, PLLC the Immigration Only Law Firm will be sponsoring seminars at several Florida locations including Orlando, Naples, Fort Myers, Bradenton and Miami.

Please visit the website for details: www.usimmigrationteam.com/tps-seminar-schedule.htm

In addition, the firm will host weekly online webinars for those who may be unable to attend the seminars.

Please go to www.usimmigrationteam.com/haitian-tps-webinars for more information/

Tom & Peter

Image via Wikipedia

We need your help to spread the word  to urge President Obama to  designate Haiti for Temporary Protected Status.

Please  go to  http://capwiz.com/aila2/home/ and send an automated email to the White House.    – it will only take you about 30 seconds.

Then please take this opportunity for action with your friends and colleagues by directing them to do the same.

Haiti  has long been deserving of TPS status, but in light of the recent earthquake devastation we need to seriously consider our nation’s unfair immigration policies toward Haiti.

Thanks,

Tom & Peter

Related articles by Zemanta

• Obama outlines U.S. aid, rescue efforts for Haiti (dailykos.com)
• Yele.org Haiti Earthquake Relief Fund – Donate by Text Message or Online (losanjealous.com)
• Earthquake death toll rising after Haiti’s day of devastation (guardian.co.uk)

Dual citizenship or dual nationality refers to being a citizen of two countries simultaneously. We are often asked whether or not the United States will allow dual citizenship with foreign nationals of other countries. We have to start with the fact that each country has its own citizenship laws based on their particular policies. Sometimes dual citizenship occurs by choice; other times, it occurs automatically by operation of law.

To give you an example, US citizen parents may have a child born in a foreign country. That child may be a citizen of both countries. Foreign citizenship may also be acquired by marriage, or once a person becomes a naturalized citizen of the US, the person may not lose citizenship in the home country. What is important to remember is that acquiring another citizenship does not necessarily mean that there will be a loss of US citizenship.

For example, one who is automatically granted another citizenship does not risk losing US citizenship. But, if  foreign citizenship is acquired by application, there is a risk. The key is that if the application is made voluntarily, by free choice, with the intent to give up US citizenship, then there is a chance that US citizenship will be lost.

How is intent shown? It is shown by a person’s statements or conduct. Our experience is that the US government does not encourage dual citizenship because of various potential problems, such as claims of other countries on dual citizenship holders may create a conflict with US law. Allegiance is owed to both countries, however, and the laws of both countries have to be obeyed.

In order to determine if your country permits dual citizenship, contact your home country’s consulate or embassy.

A regulation published in the Federal Register, V. 67 No. 22, requires nonimmigrant males who met the following criteria to register in the National Security Entry Entry-Exit Registration System (NSEERS):

• National or citizens of Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen., who are
• born on or before December 2, 1986, and
• admitted to the US on or before September 30, 2002, and

• remained in the US at least until January 10, 2003.

• remained in the US at least until January 10, 2003.

The way many of these cases come to light is when an immigrant marries a US citizen and files an application to adjust status to permanent residence.

Our experience in Orlando, Florida is that when the applicant shows up at the interview, he is detained and put into removal proceedings. It then takes a while to obtain a bond and have the immigration court case terminated to continue the adjustment process.

An alternative way to deal with a failure to register is to file the adjustment of status application, but when you receive a Request for Evidence asking for proof of registration, write a letter explaining that you did not register, but that you wish to be in compliance with the law. Ask for the file to be sent to your local USCIS office in order to schedule your registration.

You should then receive an appointment letter to meet with ICE, at which time you will be interviewed to determine if you should be detained or not. We have found that the first inquiry made by ICE is whether or not this is a valid marriage, and secondly, what was the reason the immigrant failed to register. Having a valid reason such as a death in the family or serious illness could result in a decision not to detain. On the other hand, if it appears that the immigrant simply chose not to register, detention is likely.

The advantage, however, of following this procedure is that it places the immigrant on a faster track to be released. ICE will specify a day of the week which will allow them to transport the alien directly to the detention center, rather than waiting in the county jail for that day to arrive. No cash bond will be required, and as soon as the immigrant can see a judge, the immigrant can be released assuming there are no other issues.

Have you had any problems wit the NSEERS registration?

Please share your experiences.

Illegal immigrants filed tax returns in record numbers last year, despite immigration raids across the country. Many file returns because they hope it will help them gain permanent residence through an amnesty program. Other feel they are benefiting from being in the USA and it is simply the right thing to do.

In 1996, the I.R.S. created the Individual Tax Payer Identification Number (ITIN)  to keep track of tax returns being filed by those without a social security number. The issuance of a tax ID number is restricted to those who are actually filing a federal income tax return.

This tax ID number  is used to pay taxes, but also has been used to open bank accounts, obtain credit cards, and ultimately buy homes.
Although you might be afraid to file an income tax return, remember the IRS is not allowed to share taxpayer information with other government agencies. This includes the Dept of Homeland Security.

It is difficult to determine how much illegal immigrants are paying in taxes because the federal government doe not fully tally it.  However, the latest figures indicate it will amount to BILLIONS of dollars in Federal income, social security and medicare taxes this year. One estimate puts the amount of social security taxes alone at around $9 billion per year.

A person married to a US citizen, seeking adjustment of status, should not hesitate to file an income tax return. This is because an immigrant married to a US citizen may obtain a green card although he is working without an employment authorization card.

In February, Pres. Bush received a letter from President Preval asking for Temporary Protected Status (TPS)  This would allow immigrants from Haiti to remain and work in the USA for a limited time.

See Update on Haitian TPS

So far the USA has refused to offer this status to immigrants from Haiti, but other countries such as Nicaragua, Honduras and El Salvador enjoy this status. For years, Haitian-Americans have pleaded for a halt to deportation.  Over 650,000 Haitians were affected and 61 people died as a result of the latest hurricanes.

Because of the result of these hurricanes and storms that have ravaged Haiti, community leaders and politicians are calling for action. The Haitian Protection Act (HR522) is currently in committee urging the USA to extend TPS Haitian immigrants.

See Update on Haitian TPS

Your Turn: Do you have any advice you would like to share? What tips would you like to add? Please comment below.

check your background record now

Do You Need to Get a Background Check on Yourself Before Filing Immigration Applications?

You may not be aware of it, but obtaining a background check on yourself before you file any Immigration applications can be one of the wisest things that you can do. If you are planning to apply for a green card or other immigration benefit, you should be aware that certain offenses may make you ineligible or inadmissible.

Even if you already have a green card you may be deported if you have been convicted of certain offenses. You can rest assured that the Government will know more about you than you than you may realize. If your goal is to come to the United States–or remain here you need to check your background record now before applying for immigration benefits.

It is not uncommon for individuals to be completely unaware that they have a criminal record. Sometimes their background check shows they have committed a crime when in fact they have not. Other times they may believe that criminal charges have been dismissed against them when they have not. Mistaken identity is always a possibility. You need to understand that there could be things in your background checks that don’t belong there–or you just don’t know are there. Human errors may have been made when information was entered into the government computers. We’re sure you’ve heard about people having negative information on their credit reports, yes? Well the same thing can happen with criminal background records.

Another common problem is that something that occurred years ago is still on record though it should have been dismissed. Whether real or a just a mistake, a negative background report can cause untold problems for you, particularly when applying for immigration benefits.

Once you know what’s in your report you’re in a better position to deal with it. Perhaps there was a clerical error that can be corrected. Even in cases were the conviction is valid, you may be entitled to a waiver and to have the record vacated. But you need to be certain of the record before you file immigration applications. And, as we said earlier, even persons who already have a green card may be at risk of loosing their green card and being deported–sometimes for crimes that were committed many years ago. Whether you already have a green card or are applying for immigration benefits for the first time it is a good idea to know about your criminal record. If it turns out you have some criminal issues in your background please see an immigration lawyer to evaluate your case.

You can get Background Check online in about 5 minutes. If it turns out you have problems, you or your lawyer can then follow up by obtaining official conviction records to determine if there’s cause for concern and if you are eligible to file for a waiver, etc.

Obtaining an online criminal background report will help determine if you’ve ever been arrested, charged or criminally prosecuted. In addition to causing U.S. immigration problems, having a criminal background can affect your employment prospects. Obtaining both Federal and State background checks is essential. A driver license report is another record you may wish to to get on yourself. This will tell you if there are any mistakes that could affect your obtaining auto insurance and your ability to get a job.

Immigration Guys

Related articles

• Online Employment Screening and Facebook Background Checks: Friends or Foes? (prweb.com)
• Quick Online Background Checks – Learn How to Do a Criminal Background Check (socyberty.com)

Some of the links mentioned within this post or other posts and pages on this site are our affiliate links and in such case we will get compensated for recommending those products or services.  However, we will never recommend something that we don’t personally believe in and we  welcome your questions and feedback.