US Travel Ban to be Lifted on November 8th

President Biden has announced the United States will reopen to all vaccinated travellers who can produce a negative test from November 8, ending a twenty-month ban on most visitors from a range of countries worldwide.

Under the Covid-19 travel ban, most people who had been in the Europe, the UK, China, India, South Africa and Brazil in the past 14 days were prohibited from traveling to the United States. The lifting of the ban means anyone can enter the United States provided they are fully vaccinated and can produce a negative test.

Many of our clients have put their US plans on hold until they can be physically present in the United States. For example, some of our E-2 Visa clients have expressed an interest in visiting the US to search for businesses before commencing their application. Similarly, some EB-5 Visa applicants have wanted to visit the US to view a Regional Center project, but changes to the program (investment thresholds and reauthorization) have played a greater role in decision making than Covid-19.

Despite the imminent lifting of the travel ban, Covid-19 continues to have an impact on US immigration. It has caused a slow down in processing at both the US Citizenship & Immigration Services (USCIS) and at US embassies and consulates worldwide. Some embassies are back to near-normal services, while others remain closed. Either way there is a backlog of applications to process and clients are advised to act soon to position themselves in the line.

E-2 Treaty Investor Visa

The E-2 Treaty Investor Visa, which allows people to invest in and actively run a business in the United States has remained open to applicants throughout the pandemic. At a time when President Trump closed most other categories, the E-2 remained open to new applicants. This visa is governed by treaties with sovereign governments and is less exposed to political changes in Washington. The country in which you hold citizenship must hold a relevant treaty for you to be eligible. Click here to find out if your country holds an E-2 Treaty with the United States. If it does not, you first have to obtain citizenship of an E-2 country – see Grenada’s Citizenship by Investment Program – before you can apply for the E-2 Visa.

E-2 Visa Processing only involves your local embassy and does not involve the USCIS. In normal times, processing times are very quick, which means the whole Grenada + E2 Visa process could take nine months on average. Covid has increased that time, but it is still relatively quick (depending upon the impact of Covid on your local embassy).

L-1 Intracompany Transfer Visa

The L-1 Visa is also open to new applicants after it was temporarily suspended by President Trump because of Covid. The lingering influence of Covid-19 has continued to impact processing times. Unlike the E-2 Visa, the L-1 visa is open to people of all nationalities. You can use this visa to move staff from an overseas office to the US office of the same company, and you can also set up a new US office of your foreign business and move yourself to the US to manage its growth. See new-office L-1 Visa.

EB-5 Investor Visa

The EB-5 Investor Visa has also been open to applications throughout much of the Covid-19 pandemic – President Trump deliberately exempted this revenue-raising, job-creating visa from his immigration ban last year. A federal judge reduce the investment threshold back to $500,000 in June causing a spike in demand. While the Direct EB-5 pathway remains open, the Regional Center pathway is currently on hold pending reauthorization in the United States Congress. If the EB-5 program reopens, it is anticipated that demand could be high, so some clients are already working on their source of funds to position themselves at the front of the line when things reopen.

These visa categories represent just some of the immigration solutions our firm can support clients with. While processing times have slowed down during Covid-19 and some visa categories were temporarily suspended, commerce always finds a way. Business owners, investors and entrepreneurs will always be welcome in America. Our firm has filed plenty of successful immigration applications during the past 20 months and we are excited to accelerate that as the world gets back to normal.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Biden Plans Reopening of US Border in November as our Firm Obtains Another National Interest Exception to Travel to US

President Biden has indicated that the US border will reopen in November, until then the National Interest Exception remains the only viable option for many people to enter the country.

The US border has been closed to people from Schengen countries in Europe as well as the UK, Ireland, India, Brazil and a number of other countries. President Biden announced this week that the eighteen month ban will be lifted at some point in November without giving much detail. The exact date remains uncertain and it is not clear whether the ban will be rescinded for all countries or only apply to the UK and the Schengen Zone.

So, for now there are only two viable options: spend two weeks in a permitted third country or make the case that your visit is in the US national interest.

Our firm has secured a good number of National Interest Exceptions NIEs for clients since the start of the Covid pandemic last March. This week, for example, we obtained an NIE for an Italian client seeking to travel to the United States on business.

The client is one of the leading Italian sales agents for the high-quality ceramic tiles. He represents the interests of a network of Italian tile companies – many based around the city of Modena. He is their global represenative and his area of responsibility includes the United States.

On behalf of the client, we argued that his work was within the permissible exceptions for travel as they came under the exceptions listed in the “Advisory Memorandum on Identification of Essential Critical Infrastructure Workers during Covid-19 Response”, issued by the Cybersecurity and Infrastructure Security Agency (CISA) on March 28, 2020.

His work supports the supply chain of building materials from production through application and installation, including cabinetry, fixtures, doors, cement, hardware, plumbing (including parts and services), electrical, heating and cooling, refrigeration, appliances, paint and coatings, and workers who provide services that enable repair materials and equipment for essential functions.

As we previously reported, these NIEs were recently bolstered to a year-long validity period with multiple entries to the United States permitted. That could soon be academic. If the restrictions on vaccinated travellers visiting the United States is lifted as indicated by the president next month.

There is also a chance that Biden will keep restrictions in place on some countries, so keep those National Interest Exceptions in mind


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


EB-1, E-2 Visa for NIEs during Covid

Travelling to the United States During Covid: Extension to National Interest Exception (NIEs)

Life in America is returning to something resembling normality following a successful roll out of Covid-19 vaccines. However, disruption continues at the border with travelers from Europe (Schengen area), the UK, Ireland, China, India, Iran, Brazil and South Africa still banned unless you can obtain a National Interest Exception (NIE).

While restrictions may soon lift on the UK and Europe, the entry restrictions on the other countries show not sign of abating in the short term. Consequently, the State Department has extended the validity of NIEs to twelve months, permitting multiple entry to the US, so long as they are used for the purpose for which they are granted.

National Interest Exceptions permit travel to the United States, despite border restrictions. As the name suggests, you must be able to prove that your visit is in the US national interest.

Acceptable definitions of national interest include:

  • Directing significant economic activity
  • Journalist work
  • Supporting public health initiatives
  • Extraordinary humanitarian grounds

We have helped multiple clients obtain National Interest Exceptions permitting them to travel to the United States. Many of our E-2 Treaty Investor Visa, L-1 Employee Transfer Visa, New Office L-1 Visa and EB-1c International Manager or Executive Green Card clients may be eligible for National Interest Exceptions (NIEs). The same may be true for people on talent visas, such as the O-1 Visa, the EB-1a Visa, the EB-NIW, EB2 Visa, and other categories.

This issue only affects people coming from certain countries who are not permitted entry to the United States based upon high levels (current or historic) of Covid-19. As the pandemic evolves, new countries may be added to this list, whilst others may be removed. The countries as of today (July 8th) are:

  • China,
  • Iran,
  • Brazil,
  • South Africa,
  • the Schengen Area (Europe),
  • the United Kingdom,
  • Ireland,
  • India

Contact us to discuss how this affects you. Do not arrange travel to the US if you are either in or planning to visit any of the countries on the list above.

Read the State Department’s post.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Grenada Citizenship by Investment Programme

Grenada Reopens to Vaccinated Travellers

Grenada is reopening to fully vaccinated travellers. And while you do not actually need to visit Grenada to obtain Grenadian Citizenship by Investment, many applicants do still wish to go and forge a personal connection with the island paradise in the Caribbean Sea.

Getting into Grenada

Grenada considers a person fully vaccinated two weeks after the second dose of Pfizer, AstraZenaca or Moderna, or two weeks after the first dose of the single-shot Johnson & Johnson Janssen vaccine. What is the process for getting in if youre fully vaccinated?

  1. Book two nights of quarantine in an approved location before you travel
  2. Get a PCR test 72 hours before flying
  3. Prepay for a PCR test for your arrival in Grenada
  4. Obtain travel authorisation from Grenada
  5. Fly to Grenada
  6. Present proof of vaccination
  7. Take PCR test at airport
  8. Stay in quarantine for 48 hours while your PCR test is checked

Pathways to Citizenship in Grenada

Grenada offers two pathways to citizenship – a donation to its National Transformation Fund starting from $150,000 or an investment in real estate from $350,000 with a $50,000 government fee. There is also an option for a partial share of a real estate investment from $220,000. Investment opportunities must be approved by the government and tend to be hotels and villas on the island. There are a handful of approved developers who have a long history working with the CBI programme. Some developers offer the option for a buyback of your investment after Grenada’s CBI conditions have been met.

Benefits of Grenada Citizenship

Grenada has a strong and stable economy with a strong tourism sector. Tourism numbers inevitably fell during the pandemic, but the country is predicting a quick rebound. Reopening the border to fully vaccinated travellers is the first step in this process. The Grenadian passport is relatively strong offering visa free access to around 130 countries, including the United Kingdom, the European Union, and the People’s Republic of China.

Access to the E-2 Visa

Grenadian citizens are also eligible for the United States E-2 Treaty Investor Visa. This allows a person from a treaty country to move to the US to invest in and run a business or franchise. Only citizens of Treaty Countries are eligible, so that excludes India, Russia, China, Vietnam and more. We have helped clients obtain E-2 visas via Grenada and its Citizenship by Investment programme.

While the Grenada CBI programme does not require applicants to visit the island as part of the application process, it is advisable that anyone considering the E-2 option should visit the island and create local ties. The US embassy that is responsible for E-2 applications from Grenadian citizens is on the neighbouring island of Barbados and Grenadian E-2 applicants may have to visit Barbados for interview.


This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


Obtaining an E-2 Treaty Investor Visa Despite Travel Complexities of Covid-19: Case Study

E-2 Treaty Investor Visa Approved for a Canadian National who applied at the US Consulate General in Sydney during the pandemic

By Verdie Atienza, Head of L-1 & E-2 Visa Practice

Prior to the lockdown, D&A started to work on an E-2 visa application for a Canadian national who was temporarily in Australia for a vacation. The original plan was to apply at the US Embassy in Toronto where new E-2 applications for Canadians are filed and processed. It is worth noting that the Department of State encourages nonimmigrant visa applicants to apply at the US Embassy or Consulate in their home country as they are in a better position to determine the ties to the home country.

Due to safety concerns, travel restrictions and lockdowns, our client decided that she wants to apply for the E-2 visa in Australia instead of traveling back to Canada. For this to be possible, we had to advise the client to apply for extension of temporary stay in Australia. The request was granted and so we prepared, finalized and submitted the application at the US Consulate in Sydney. While the applicant had to wait a little longer, she was scheduled to appear for interview and her application was approved at the end of the interview.

While the Department of State cautions applicants of higher chance of getting a denial by applying at the Embassy or Consulate other than the one in the home country, D&A successfully demonstrated the applicant’s ties to the home country. D&A prepared a strong E-2 application which meant that the client had a smooth interview experience.

What was the E-2 Business?

Our client is a Chief Executive Officer of a cosmetics company based in Hawaii. The company specializes in developing and selling sun care products to be used before, during, and after sun exposure. The E-2 Company is dedicated to developing innovative sunscreen formulas that meet the ever changing and evolving skin and sun care needs. The Company’s formulas combine effective cosmetic active and beneficial natural ingredients to create products that achieve the sustainable beauty, health, and wellness goals of modern women.

The E-2 Company’s products are developed in collaboration with a third-party contract manufacturer. The Company carefully selects high-quality ingredients to be used in the manufacturing process in order to develop high-quality, effective sun care products that will simultaneously help users achieve their tanning goals in a sustainable and healthy way.

What is the E-2 Treaty Investor Visa?

The E-2 Treaty Investor Visa allows a person to move to the US to set up or acquire a business. Applicants must come from a country that holds an E-2 Treaty with the United States. Both Canada and Australia hold E-2 Treaties with America.

People from countries that do not have an E-2 Treaty with the US have to first become citizens of E-2 Treaty countries, like Grenada or Turkey. Citizens of India, China and Vietnam are not directly eligible for an E-2 Visa.

There is no fixed investment requirement for an E-2 visa, but it is usually expected to be in excess of $100,000. Ultimately, however, the investment amount needs to be appropriate for the business being proposed. A business plan is required as part of the application and the consular officer will assess the E-2 application on the basis of this plan.

E-2 is a non-immigrant visa, which means it does not offer permanent residency. It can, however, be renewed permanently provided the underlying business continues to operate successfully.

National Interest Exception

This case study raises the issue of travel difficulties during the Covid-19 pandemic. The United States border has been closed to people who have been in countries with especially bad outbreaks of the virus. This includes Schengen countries, the United Kingdom and Ireland.

Davies & Associates has been able to obtain travel waivers for L-1 and E-2 visa clients from these countries. By building the case that it is in the economic interest of America to admit these people, the US authorities have granted special permission to travel.

Read more about National Interest Exceptions.

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.


US Immigration Pathway

Obtaining an L-1 Visa Despite President Trump’s Ban

The L-1 Visa allows for the transfer of qualifying staff to the existing or newly established U.S. office of the same company.


By Verdie Atienza, Senior Attorney in Charge of L-1 & E2 Visa Practice

A prospective L-1A beneficiary from India approached our firm sometime in June 2020 to seek assistance in filing an L-1A petition for him. During that time, Former President Donald Trump had already imposed a ban on the issuance of the L-1A visa until December 31, 2020.

The client was a General Manager of a manufacturing and exports company in India which exports exports fully machined sand casts / die casts and other sheet metal pressed components made of aluminum alloys, zinc alloys, copper alloys, stainless steel, mild steel, and cast iron.

Our firm advised the client that despite the ban, USCIS continues to accept  and process L-1A petitions. We suggested that it was a good time to take advantage of the period of time to prepare the L-1A petition so that he would have an approval of the petition by the time the ban lapses. The client was fully informed that there was a risk for the ban to be extended beyond December 31, 2020. The client decided to move forward with the L-1A process as per the firm’s advice.

In the L-1A petition that D&A prepared, the US company requested that the beneficiary be transferred as a Senior Strategic Project Manager. The US company was established as a product distributor, but it has grown to become a value-added manufacturer in North America, with expanding supply chain in China and India.

We explained in detail that the L-1A beneficiary’s role at the US company will involve incorporating management of essentially all substantive areas, functions, and processes. The petition also outlined how  he will also serve as the ultimate director and manager of the lJ .S. employees constituting the Strategic Project Management Team.

The L-1A petition was approved without RFE and the L-1A beneficiary immediately applied  for the visa in India. Despite the fact that the ban was extended to March 3, 2021, the client, with D&A’s guidance, was able to schedule a visa appointment and obtain the L-1A visa in the midst of a pandemic where lockdowns, travel and quarantine restrictions are in place.

D&A was able to successfully explain that the applicant is a a senior-level manager  who has spent multiple years with the company overseas, indicating a substantial knowledge and expertise within the organization and that he will fill a critical business need for the employer meeting a critical infrastructure need in a designated industry.

Benefits of L-1 Visa

  • Set up and grow a new U.S. office
  • Can be used for managers & executives (L-1A) or employees with specialized knowledge (L-1B)
  • Take spouse and dependent children with you
  • Spouses can apply for work authorization in U.S.
  • No annual caps or quotas based upon country of origin
  • “Dual Intent” – you can pursue lawful permanent residency status during your stay in America

Watch our Video on the L-1 Visa

This article is published for clients, friends and other interested visitors for information purposes only. The contents of the article do not constitute legal advice and do not necessarily reflect the opinions of Davies & Associates or any of its attorneys, staff or clients. External links are not an endorsement of the content.