Seven Ways for Indians to Visit, Work, or Live in the United States

The United States of America is a nation that welcomes people from all over the world to be part of their coexistent culture. However, it can be confusing to understand the process of migrating to the country. While traveling abroad can be a great adventure in itself, it takes a great deal of preparation, planning, and form-filling before you can actually leave for the country. Here are seven ways Indians can visit, work, or even live in the US:

Apply for a US Visa and an EAD

You should have a US visa and a work permit aka Employment Authorization Document (EAD) to be employed in the States. As you delve further into the process, you’ll know that such visas have been classified into seasonal work visas, temporary work visas, exchange work visas, or even permanent work visas. You can obtain a US Visa from the US Consulate in your country.

Employment-based immigration

If you’re planning to study in the United States, apply for an F1 student visa. You should be enrolled as a full-time student at a language-training programme or an academic institute in the United States, prove your financial stability to finance your studies, and that you will maintain your identity as a foreign resident.

Apply for a green card

Formally called the United States Lawful Permanent Residency, a green card authorizes a non-immigrant to study, work, and live permanently in the States. Permanent residency becomes easier if you have a family member or are employed full-time in a company in the States. The family or employment agency in concern would be thus called your sponsor. For more information, check the USCIS website if you want to apply for an ‘adjustment of status’ if you belong to the categories mentioned.

Apply for an EB-5 visa

If you want to invest in the States, apply for an EB-5 visa to invest in a commercial project as a foreign investor. Begin by investing $50,000 in a commercial project based in the States for a duration of five years. In 18 months, you shall acquire conditional green cards that permit you and your family to study, work and live in the States. The project in question must have 10 or more American employees for a period of two years, after which you can acquire permanent resident green cards. You will get back your investment after five years from your first day in the United States.

Apply for an E-2 work visa

An E-2 work visa enables a resident from a treaty country to work in the United States; in other words, they sponsor themselves into the country. Though you invest an amount according to the company and industry, rates usually stay somewhere between $75,000 to $200,000. Moreover, spouses are permitted to work in the United States as well. Such visas can be extended for up to five years and be renewed for an indefinite number of times. If you’re lucky, you might just move forward in line for an EB-5 direct green card as well. Indians are not currently eligible for E-2 visas, but it is possible to first become a citizen of a country that is eligible. This includes Grenada in the West Indies, which is an E-2 Treaty nation to the United States.

Fiancé/Fiancée visa

The non-US fiancé/fiancée in question must apply for a K-1 non-immigrant visa to travel to the United States and marry their partner, who acts as their sponsor as well. However, the couple must get married within 90 days of arrival.

Become a lawful permanent resident

You can become a permanent US citizen only after continuously living in the States for a period of five years. Though you can make short trips overseas, you require a minimum of 30 months of continuous residency. The period will be reduced to three years instead of five if you’re in the military, or are married to a US citizen. As expected, you are required to follow the rules of the state.

These are the seven ways Indians can start a new life in the United States. If you want more information regarding the same, contact us at www.usimmigrationadvisor.com.


5 Advantages of Taking EB-5 Visa Through Regional Center

The EB-5 visa is usually the quickest, most straightforward way to a Green Card to the United States. Applicants are able to secure a Green Card for themselves, their spouses and any children under the age of 21 within an average of around 18 months. There are two different routes to a Green Card. One is an investment of $1 million or $500,000 in setting up a new commercial enterprise. This is called the Direct EB-5 route and D&A is one of the few law firms with significant experience of this. The other, and by far the most popular option, is by investing with a Regional Center.

Why is the Regional Center route so popular?

  1. Compliance: It is important to remain compliant with EB-5 regulations so that there are no threats to the Green Card. One important requirement is that each EB-5 investment should create and sustain ten full-time American jobs. This can be a challenge to investors setting up their own business and non-compliance can put the investment and Green Card at risk. The Regional Centers are allowed a more complex calculation for job creation and, while there are never any guarantees, a good Regional Center can be expected to comply with the regulations on your behalf.
  2. Less work: EB-5 Investors simply need to place the requisite funds with the Regional Center and they do all the rest of the work for you. Setting up your own business comes with addition work, but of course, this can also be exciting and Davies & Associates Corporate Team is able to assist you every step of the way. Many of our clients decided to go the Regional Center route and then establish their own business when they have their Green Card. This means their business is not tied to EB-5 regulations and there is more leeway to grow the business in the most appropriate way.
  3. Lower investment: Regional centers usually locate their projects in so-called “Targeted Employment Areas” (TEAs), these are areas of high unemployment and rural areas. The EB-5 investment is actually set at $1 million, but this is halved to $500,000 if the investment is made in a TEA. People pursuing the Direct EB-5 route need to ensure that they establish their business in a TEA if they wish to make the lower investment. Davies & Associates is able to provide advice on this.
  4. Interesting Projects: Regional Centers invest in some truly exciting projects, from Golf Courses in Florida to hotels in Hollywood, California where all the A-list celebrities hang out. There are so many different projects with different business cases, it can be exciting selecting which project to invest in.
  5. Maximum flexibility: Investing in an EB5 regional center will give you utmost flexibility, in terms of not having to micro manage your investment. You are not required to live near the area where you have invested and you can travel and reside anywhere in the territory of the United States.

With over 800 Regional Centers of varying quality across the United States, it is vital to conduct due diligence on your chosen projects. Davies & Associates is uniquely positioned in that we have attorneys experienced in financial real estate who can provide advice on your chosen Regional Center and project.


5 Non-Immigrant Visas for the USA

There are many different type of non-immigrant visas for people wishing to work, study or do business in the USA. If you select the wrong visa, you may be denied entry at the United States border, or in the worst case, you might face a ban on entering the country. It is important to be aware of the different types of visa,


1. Business Visa: The B1 visa is a non-immigrant visa for the USA for people wishing to visit America to conduct business. It is for people who want to attend a conference or a business meeting in the United States. Importantly, this american business visa does not allow a person to set up a new business in the USA. You must apply at least 60 days before the date you want to travel. Avoid buying air tickets in advance if you have not received your visa yet.


2. Work Visa: There are various categories for this type of visas like H, L, O, P and Q. Which one you need depends on the type of your work for which you are going the USA. These types of visas are also temporary and holders of these visas cannot stay in the USA for a lifetime. Once your visa expires you will have to return to your country of origin. You can not get the visa until USCIS approves your petition.

3. Student Visa: People who want to study in any school or college in the USA have to apply for student visa. You may be asked to pass a certain language test for eligibility. By this test, they see how efficiently you can read, write, listen and speak that particular language. Most of them ask for an English language test. When you are on a student visa you can not take a break for more than 5 months or you may lose your visa.

4. Artists and Athletes Visa: Professional artists like actors, singers and stage performers can apply for this visa type. It includes actors shooting a movie, stage performance and attending an awards show. Athletes can also apply for the visa if there is a tournament or match to attend.

5. Media and Journalist Visa: Journalists can apply for an I visa which allows them to travel to the United States so that they can cover American news for their domestic audiences.


Philippine National Seeking U.S. Visas: The Options

Verdie Atienza

By Verdie Atienza,Head of E-2 visas & Philippines Practice Group, Davies & Associates LLC,
Verdie Atienza leads the L1/E2 team at Davies & Associates. He is dual qualified to practice law in Philippines and the United States. As an immigrant to the United States, Verdie handled his own adjustment of status application and retains a strong interest in all kinds of immigration issues.

Once bound together, the Philippines and America have a unique and special relationship. After the Philippines was granted independence in 1946, the two countries established close cultural, military and economic ties, and so it is no surprise that many Filipinos want to live and work in America today.

Given the strong historic bonds between the Philippines and the United States, there are a number of options open to Filipinos seeking a working visa to the United States. At Davies & Associates, we specialize in helping businessmen, entrepreneurs and high-net-worth individuals secure investor visas to the United States.

We have been seeing increasing demand for investor visa from across the Philippines, and from among the Filipino-Chinese community in particular. The Filipino-Chinese community has a reputation for business ownership and entrepreneurship that makes them especially eligible for several types of investor visas to the United States.

Having been born and raised in the Philippines and having practiced law there, I am always pleased to hear from Filipinos interested in investor visas for the United States. I speak Tagalog and understand the special cultural and business climate of the Philippines. I work closely with our Filipino clients to determine the best visa for their individual requirements.


E-2 visas

The E-2 visa is the most common visa solution for members of the Philippine business community seeking to set up a business in USA. The Philippines has been an E-2 Treaty country of the United States since 1955. This allows Philippine nationals to be admitted to the United States when investing a substantial amount of capital in a U.S. business.

A Filipino investor qualifies for E2 classification if he or she meets the following criteria:

  • Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
  • Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.

An investment is the Filippino investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails.

A substantial amount of capital is:

  • Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one.
  • Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise.
  • Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.

E-1 Visas

The E-1 non-immigrant classification allows Philippine nationals to be admitted to the United States solely to engage in substantial trade between the U.S. and the Philippines on his or her own behalf. Trade is the existing international exchange of items of trade for consideration between the United States and the treaty country. Items of trade include but are not limited to:

  • Goods
  • Services
  • International banking
  • Insurance
  • Transportation
  • Tourism
  • Technology and its transfer
  • Some news-gathering activities.

EB-5 Visas

Filipinos seeking more permanent residency in the United States can seek a green card through the EB-5 visa program. Under the EB-5 Immigrant Investor Program, entrepreneurs (and their spouses and unmarried children under 21) are eligible to apply for a green card if they make a minimum 500,000 USD investment in a commercial enterprise in the United States and, in doing so, create or preserve 10 permanent full-time jobs.

Most successful applicants to the EB-5 visa program place their investment in the Regional Center Program. EB5 Regional Centers are USCIS-approved funds who invest applicants’ money in appropriate commercial enterprises that meet the job-creation requirement.


L-1A and L-1B visas

The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated Philippines offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send an executive or manager to the United States with the purpose of establishing one.

The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated offices in the Philippines to one of its offices in the United States. This classification also enables a Philippines company which does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States to help establish one.


H-1B Visas

Every year, the U.S. government make work visas available for specialty occupations. A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. Specialty occupations include but are not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts. Considering the substantial equivalency of the college/university degrees obtained in the Philippines to that of US degrees, Filipinos are a step ahead in qualifying for visas for specialty occupations.


Specialist Visas for Medical Professionals

Filipino medical professionals are also at an advantage for obtaining professional licensure and immigration solutions for the US. In fact, Philippine-trained physicians and dentists comprise one of the largest groups in the United States. Today, the healthcare sector is one of the most critical areas of professional practice in the United States of America due to shortage of qualified professionals. Our FMP Practice Team is composed of established immigration lawyers and specialist consultants that work together to ease the burdensome barriers of entry for qualified professionals seeking to enter the United States.

Given a long and close history, there are many different options for Philippine nationals seeking to live and work in the United States. At Davies & Associates, our Tagalog-speaking team works closely with our clients to determine the best visa for their individual requirements.


EB-5 USA Green Card Visa – Key Features & Qualifying Criteria

If you are someone who wants to immigrate to USA for business related opportunities, then you must know about the EB-5 Visa that comes with all the essential features that you may require. The key features and qualifying criteria of the visa are as follows:

1. Investment

If you are immigrating to another country for business purpose, often the amount you are allowed to invest can get in the way. However, if you hold the EB-5 U.S.A. Green Card Visa, you can invest how much ever you want for any business. However, the minimum investment should be more than $500,000.

2. Time period

Often, other visa holders need to visit, leave and revisit the country. However, through the EB-5 visa, you needn’t leave the country after a certain term. You can manage your business there as you are holding the EB-5 visa.

3. Employment

People who hold the EB-5 visa can work the way they want. This is the significant advantage of this visa. You can run the business, invest and trade or you can also retire there. Holding this visa poses no legal problems for any position you work for.

4. Visa Denial

If you have the EB-5 green card visa, you need not worry about visa denials in future because it provides the holder with convenience whenever they want to immigrate for business. Also, another feature that comes with the green card is that the holder can and must reside in the country for 180 days per year. So, you can stay in the country without worries.

5. Eligibility

To apply for this visa, you must be financially well off to invest more than $500,000. You should also get the approval form from the “Immigration Petition by Alien Entrepreneur.” In your company at least ten U.S. employees should work within two years of investment. Also, you cannot run the business alone; you must have a business partner.

Hold the EB-5 Green Card Visa and make maximum out of its features that include holding any employment position you want, staying in the country without having to leave and starting your business with a partner. So, if you are looking for a good U.S business immigration attorney, then you must consult a US Immigration Advisor who has the best EB-5 immigration lawyers to guide you through the immigration process.


5 Tips to Consider Before Choosing an EB-5 Immigration Attorney

The EB-5 program is envisaged to give a boost to the economy of the United States by attracting investors belonging to other nationalities to make investments in US-based businesses. The minimum amount that is to be invested under the program is US $ 1,000,000 (and US $ 500,000 in targeted employment areas). The business must provide employment to 10 US citizens, apart from the business owner and family members. If the application under EB-5 is approved, then the applicant is granted a 2 years residence in the US on a conditional basis.

The process to obtain an EB 5 visa is complicated and tricky which is not possible for a layman to complete on its own. This is where the requirement of an experienced US business immigration attorney comes up. An expert EB 5 visa attorney will ensure that all the steps are duly followed, and the only accurate information is furnished to the authorities.

Being of such great importance to the prospects of one getting an EB 5 visa application approved, due diligence must be exercised while selecting an EB 5 business attorney. Here are five essential tips to be considered before choosing a US business immigration attorney: –

  1. Experience: – The attorney who is chosen to handle the EB5 visa application process, must have proper credentials and prior experience in the field. Therefore, it is recommended to conduct a background check before making a final decision.

  2. Expertise: – It needs to be ascertained as to what type of applications the attorney handles because the process for filing a Direct EB 5 application and Regional EB 5 application is entirely different as both of them require different skills set to be managed.

  3. Fees: – Although, fees should be the last issue that should affect the decision of selecting a US business immigration attorney. Though, it is recommended that the scope of services being offered must be compared with the cost being levied.

  4. Time: – In the case of EB 5 visa application, time is of the essence. It is therefore advisable that the time devoted by the attorney to understand the client business must be given careful consideration.

  5. Reputation: – Reputation also counts a lot when finalising a decision regarding an immigration attorney. It is recommended to research regarding the track record of the attorney.

Selecting a competitive Us business immigration attorney is an essential step towards realising the dream of living and working in the United States. Above mentioned tips will help anyone make a sound and informed decision.