EB-5 Visa Quotas in 2021

Podcast: Comparing E2 & L1 Visas in Light of the “Immigration Ban”

The L-1 Intracompany Transfer Visa was temporarily suspended last month as part of President Trump’s ongoing so-called “immigration ban”. The list of visa categories suspended through to the end of the year is now quite lengthy.

However, there are notable exemptions: The EB-5 Immigrant Investor Visa and the E-2 Treaty Investor Visa are not included.

In this podcast we speak to Verdie Atienza, a senior immigration attorney at Davies & Associates, to examine whether the E-2 visa may prove a possible alternative to the L-1 visa in certain cases.

Verdie heads up our L-1 and E-2 practice team and so he is well placed to compare and contrast these two visa categories. Listen in as he provides a forensic comparative analysis of both.

L-1 Visas are used to move to management-level staff from an overseas branch to the US branch of the same company. At D&A we specialize in “new-office” L-1s which is where an individual can set up a US branch of their overseas company and then move to the United States to manage that new office.

The E-2 Treaty Investor visa allows a person to bring their family to the United States for the purposes of running a particular business. It is necessary that your country of citizenship has a relevant treaty with the US to qualify. For those that do not initially qualify, D&A offers a two-step process whereby you first obtain citizenship of a country that does qualify, like Grenada or Turkey.

Topics covered in the podcast include:

  1. The impact of the immigration suspension
  2. Investment requirements
  3. Premises requirements in the United States
  4. Spousal Rights
  5. Children’s rights and ageing out?
  6. Visa duration
  7. Renewal process and limits
  8. Business plan requirements
  9. Nationality requirements and quotas
  10. Becoming eligible for an E-2 visa through Citizenship by Investment
  11. Transitioning to a Green Card?

This podcast is for informational purposes only and does not constitute legal advice. Please contact us to speak to an attorney.

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