Immigration Outlook for 2021

Happy New Year from the entire team at Davies & Associates. With a global vaccination program underway, 2021 looks set to bring a welcome return to something closer to normality.

Despite the difficult circumstances, we were delighted to move so many families and businesses around the world in 2020, and we look forward to serving many more in the coming year.

Best wishes,
Mark I. Davies Esq.
Global Chairman, Davies & Associates



United States Immigration

Much of how immigration policy plays out during Biden’s first two years in office will depend on which party ends up in control of the Senate after a run-off election in Georgia today, January 5. Then tomorrow, January 6, Congress is required to sign off on the election results in what will be President Trump’s last opportunity to contest them ahead of Joe Biden’s inauguration on January 20. The political theater may calm down in late January, but questions will remain about how Biden will approach immigration policy as he attempts to repair the nation’s finances after Covid-19.

EB-5 Immigrant Investor Visa Program in 2021

The EB-5 Investor Visa brings investment and jobs to the United States. It offers Green Cards for a qualifying family group in exchange for a minimum $900,000 investment that creates ten jobs. It is for this reason that the EB-5 Program was deliberately not suspended by President Trump in 2020. The program has enjoyed the support of politicians from both main political parties and showcases how the immigration system can be a net benefit to the economy and employment.

The EB-5 program will find itself on the agenda of Congress this year as it faces reauthorization in June and as a bipartisan reform bill gains ground. While this could have a positive impact, some investors may wish to act in the first half of the year to lock in their investments with the surety of the current regulations. 

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E-2 Treaty Investor Visa in 2021

The E-2 Treaty Investor is governed by treaties with sovereign countries, meaning it is more insulated from political changes than other types of visa. In fact, the oldest treaty (with the United Kingdom) was signed more than 200 years ago. The E-2 visa allows a person to move with their families for the purpose of investing in and running a business in the United States. It brings investment to the U.S. and creates jobs for U.S. workers. It was not covered by the Presidential Proclamation which banned the issuance of certain visas last year. 

Read Why You Should Apply for an E-2 Treaty Investor Visa in 2021 in Silicon India magazine, by Verdie Atienza, the Senior Immigration Attorney in charge of our E-2 and L-1 Visa Practice.

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L-1 Intracompany Transfer Visa in 2021

The issuance of L-1 Visas was suspended by President Trump last year. The President just extended the ban on L-1 (as well as H-1B visas) through to March 31, 2021. This means Joe Biden will need take the decision on whether to immediately roll back on President Trump’s policy on the L-1 category or let it lapse in three months time. Increasingly our firm is helping business owners make use of the L-1 visa to be allowed to move to America to set up a new office and oversee the expansion of their businesses. Despite the ban, our clients have been using the time to prepare an application for when the ban is lifted. 

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National Interest Exception

The U.S. border has been closed to the citizens of select countries with high rates of Covid-19. However, it is possible for L-1 and E-2 visa holders to apply for special permission to travel to the United States if they can make the case that this is in the national interest. Our firm obtained multiple National Interest Exceptions to allow our L-1 and E-2 clients to travel to the U.S. in 2020. Please contact us if this affects you. 

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Italian Immigration

Our Italian business grew rapidly in 2020, in spite of challenging circumstances. This year is set to be even stronger as the Italian government looks to the immigration system to help rebuild the economy. To that end, it cut the cost of the Italian residency-by-investment visa in half for certain types of investment. It has also fully reopened the Elective Residency Visa after some consulates stopped accepting applications because of Covid. Elective Residency, which is our most popular Italian visa, allows a person to obtain Italian residency if they can prove a regular income of at least €32,000 / year among other conditions. 

Our firm also helps clients with all matters relating to Italian tax, citizenship and property. At the end of 2020 we hosted a webinar on the famous One-Euro Homes project featuring an expert panel covering all aspects of the program – including someone who has been through the process.

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Click Here to Watch our One Euro Homes Webinar from December 2020

United Kingdom Immigration

The United Kingdom officially left the European Union at the end of 2020 and is gearing up its new points-based immigration system. It also recently launched a Global Talent Visa to attract future leaders in digital technology, academia, and the arts. The U.K. investor visa, skilled-worker visa, and start-up visa are all still available. Some of the details of the new system are yet to be determined, so we advise you to set up a consultation with our UK team.

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Grenada Citizenship by Investment

Demand for the Grenada Citizenship by Investment Programme grew during 2020 as more people sought dual citizenship amid the uncertainty of Covid-19. Grenada offers citizenship within a matter of months in exchange for an investment in Real Estate starting from $220,000 or a donation starting from $150,000. Grenada is an E-2 Treaty Country, which means people from a non E-2 Treaty Country (e.g. India, South Africa, Vietnam, Russia & China) can become eligible for the U.S. E-2 Treaty Investor Visa after obtaining citizenship of Grenada.

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Start a Business Anywhere in the World in 2021

Davies & Associates has helped hundreds of clients move their existing businesses overseas or start new ones around the world. The tasks of setting up an overseas office and of applying for the necessary visas are intricately linked. Our teams of corporate lawyers and immigration lawyers work closely together to ensure the business is set-up in a way that complies with all local immigration regulations. We then remain by our clients side, providing all the necessary ongoing corporate and immigration support as they grow and thrive in their new home.

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