EB-5 Investor Visa

I have seen an increase in requests regarding EB-5's and there is some real confusion out there. Lets start with the most frequently asked questions. 1) Can I buy 500,000 of stock in a company and qualify... No 2) My uncle is going to loan me the money to invest, will that work?.. No 3) I want to buy rental houses.. No

One thing to keep in mind is that the USCIS want to see that the investment is not "static". This means that it is an active invest with no less than 10 staff and growing. A good example of this is a hotel, assisted living center or a restaurant.

The EB-5's are much more difficult than they look and take plenty of planning, and involve risking a lot of money on an investment. But a great option for those with substantial funds that want to set up a business in the USA!!

The O-1 Visa

The O-1 Visa is a great option for people who work in the Arts (Music, Acting, Painting, Motivational Speakers etc) or University Professors/researchers. In essence, when filing an O-1, we need to prove that you are at the top of your field. But its not always as hard as you may think. If you read through the categories of the O-1 Petition, in a lot of cases, if you are a somewhat accomplished musician, model etc, you should be able to prove some of those categories with just a little work. For example, look at the first category of the O-1B category (• Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements). This may look a little daunting, but its not too hard if you have played shows, or acted in a stage show. For example, for Christian Australian bands, most have played at either EasterFest or one of the other festivals. A letter from the festival and a copy of some festival literature helps you get a long way to filling this category.

The O-1 is a complicated process, but it certainly is possible for a lot of people with just a little work preparing documents. I hope this helps.

Marriage to US Citizen

So, you fall in love, but uh oh, your new love is "not from here". Whatever can you do. Try to not think of the movies "The Proposal" or "Greencard", as in many cases it is not that complicated, and of all the green card options out there, this is typically the easiest and fastest provided that you are actually married and living together etc. There are certainly some hoops to jump through and LOTS of paperwork, but quite straight forward for an experience immigration attorney. You have several options once you are married. If your foreign spouse is already in the USA you can file an Adjustment of Status. If your fiance' is outside of the USA and you wish to marry in the USA, a K-1 fiance' visa would likely be the way to go. If you wish to marry abroad, you will need to file for permanent residency through consular processing. Note: Adjustment of Status is in my opinion the most straight forward, cheapest and least stressful way to go if you have it as an option.

A couple of misconceptions I often hear.

1) "When we get married, he automatically becomes a citizen" - FALSE Once you get married, in most cases your spouse will be entitled to Permanent Residency (Green Card).

2) "It doesn't matter how I came to America, if I marry a US citizen, I can get a Greencard" - FALSE If you didn't enter the country lawfully (undocumented), you are going to have some difficulty adjusting status.

3) If you enter on a Visa Waiver, you can get married and get a green card no problem. DEPENDS. This is a complicated question, as it brings in a concept of "Dual Intent". In essence, you can't enter the USA as a "Non-Immigrant" with the intent to become an "Immigrant". As it is an intent issue, it can often be overcome quite easily, but you need to be ready to prove that when you entered the country on a Visa Waiver or tourist visa that you did not intend to stay. As you may imagine, this could be tricky to prove if you got married one week after you entered the country on a visitors visa.

You can read more about this at www.uscis.gov

Employment Authorization for certain H-4

Some great news for H-4 (family members of H-1B). Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

If you have nay questions, please don't hesitate to call or email our office.

USCIS Press Release

* * * * *

The above information is general in nature and is not intended to be considered or relied upon as legal advice. You should always consult an attorney before acting upon any of this information.

Entertainment Related Visas, What are your options?

I represent a lot of foreign performers in securing them either P or O visas. I have represented Grammy Award Winners and I have represented bands still awaiting their big break and have been successful gaining US working visas for both. Lets start with the visa options and the difference between an O visa and P visa. O visas are typically for Individual performers, athletes, actors, professors etc. They are classified as “Individuals with Extraordinary Ability”. O-1A is for applicants who excel in the sciences, education, business or Athletics. O-1B are for Performers in the Arts (Acting, Music, Painting etc).

The P-1 visa is typically for bands.

How do you Qualify?

The easiest way to qualify for an O-1 Visa is to receive a Major, Internationally recognized award such as a Nobel Prize, Olympic Medal, Grammy Award, or something of that nature. For the Majority of clients, this is not an options, so we prove three of the seven secondary categories.

For O-1B filings (people involved in the Arts) they are:

• Performed and will perform services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications, contracts or endorsements
• Achieved national or international recognition for achievements, as shown by critical reviews or other published materials by or about the beneficiary in major newspapers, trade journals, magazines, or other publications
• Performed and will perform in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation as evidenced by articles in newspapers, trade journals, publications, or testimonials.
• A record of major commercial or critically acclaimed successes, as shown by such indicators as title, rating or standing in the field, box office receipts, motion picture or television ratings and other occupational achievements reported in trade journals, major newspapers or other publications
• Received significant recognition for achievements from organizations, critics, government agencies or other recognized experts in the field in which the beneficiary is engaged, with the testimonials clearly indicating the author's authority, expertise and knowledge of the beneficiary's achievements
• A high salary or other substantial remuneration for services in relation to others in the field, as shown by contracts or other reliable evidence

In future blogs, I will break down these categories further for you.  But, if you think in terms of the categories listed above, it will help you greatly when you start gathering your preliminary information/proof.

* * * * *

The above information is general in nature and is not intended to be considered or relied upon as legal advice. You should always consult an attorney to determine if you are eligible to apply for adjustment of status or whether the potential reward of consular processing is worth any risk created by leaving the U.S.