India’s Economy Predicted to be Fastest Growing in World in 2021: Options for Expanding Your Business Overseas


The Indian economy is forecast to be the fastest growing in the world this year. According to a report by Global Data the Indian economy is predicted to grow by 9.7% as its vaccination program gets underway.

As India’s economy recovers and grows, its business owners and entrepreneurs are once again eyeing global growth. At Davies & Associates we are seeing an uptick in demand for US and UK business and investors visas, as well as some interest in new markets like Vietnam and Italy.


L-1 Visa: Expanding a Business to the United States

Our Indian clients have continued to want to expand their businesses to the United States throughout the pandemic. Travel restrictions and an immigration suspension have inevitably slowed things down, but with a vaccine and a new Biden administration, things are starting to open up.

The main visa for expanding a business to the U.S. is the L-1 Visa, which allows a manager, executive or specialized-knowledge employee to move to the U.S. to oversee the establishment of the new office. With its teams of corporate and immigration lawyers, Davies & Associates helps its clients establish the U.S. entity as well as conducting all the necessary visa work.

The L-1 is a time limited visa restricted to a maximum of seven years, so L-1 visa holders need to then return home or transition to another visa. There is a possibility of obtaining a green card under the EB1C Visa, provided the client is able to demonstrate that there was no immigrant intent at the time of applying for the L-1 Visa.


E-2 Visa: Starting a Business in the United States

The other key solution for setting up a business in the United States is the E-2 Treaty Investor Visa. We have been helping an increasing number of Indians with this visa, despite it not been a typical route to America. In fact, we were one of the first law firms to obtain an E-2 Visa for clients from. This is because Indians are not directly eligible for the E-2 Visa because India does not hold a relevant treaty with the United States. Our Indian clients need to first become a citizen of an E-2 Treaty Country. Typically they opt for Grenada in the West Indies.

The E-2 Visa allows a person to move to the US with their family to invest in and run a business. The investment required needs to be appropriate to the business plan and usually upwards of $100,000. The visa can be renewed as long as the business continues to operate and spouses can apply to work outside the business.

The Grenada Citizenship by Investment application is quick and relatively cost effective. It takes just a few months and the applicant does not need to appear in person. The price starts from $150,000 for a donation to the national fund or $220,000 for an investment in real estate. Grenada has continued to process applications throughout the pandemic.


EB-5 Investor Visa

India was the largest market in the world for the U.S. EB-5 Investor Visa in 2019. That was before the investment requirement increased from $500,000 to $900,000 in November of that year to account for inflation that had not been applied since the program started in the 1990s.

The sticker shock of the price rise combined with Covid-19 dampened demand for EB-5 in 2020, but demand is on the rise again. It is good timing. Indians are limited to remitting a maximum of $250,000 each financial year – which will reset on April 1. This means that half the funds for and EB-5 investment can be remitted at the end of March and the remainder at the end of April. This should be done in a legally compliant way and we urge you to discuss this with our team.

Congress will debate the future of EB-5 at the end of June. The industry is hoping for long term reauthorization that will provide a clear steer to applicants. The changes could well be positive, but investors who wish to proceed with the certainty of the current regulations ought to consider applying before then.


UK Immigration Options

The UK has emerged from Brexit and is starting to look to Asia and to the Commonwealth. India ticks both boxes, and the UK remains a popular destination for our Indian clients. Entrepreneurs have the option of moving to the UK as the Sole Representative of their company, by transferring to the UK office of the business they work for, or by applying for a Start-up or Innovator Visa. The UK also offers residency by investment, albeit for considerably more than the U.S. with a starting price of £2 million.


Italian Immigration Options

Italy still has some way to go to be as popular with our Indian clients as the U.S. or the U.K., but people are nevertheless showing increasing interest in the country. Our recent expert webinar on One Euro Homes proved particular popular, and people have been intrigued by the Elective Residency Visa. This offers Italian residency to anyone who can prove they have at least €32,000 a year from income outside Italy to support themselves. Italy offers a residency-by-investment visa which is much cheaper than the U.S. or the U.K. The government recently reduced the price as a result of Covid, and investment now starts from €250,000.


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.


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.

Read more

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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Merit-Based Visa Categories: A Strong Constant in Uncertain Times

By David Cantor

Throughout the span of four-years, the United States immigration framework has faced unprecedented times. The main governing entities – the United States Citizenship and Immigration Services (USCIS) and Department of State (DoS) – have made distinctive regulatory changes in order to carry out various, larger policy-oriented goals, namely rooted in national security and economic concerns.

Overall, it has been challenging times for many US visa holders and prospective applicants across visa categories to plan, as well as determine the path of least resistance based on your priorities and goals.

Despite the seemingly endless challenges and uncertainties we have faced, there seems to be one US immigration pathway that has proven both reliable and promising for qualified applicants – merit-based visa categories.

In essence, applicants that qualify will be receiving a US visa based on their own qualifications and achievements. While it helps, you do not need to have won the Nobel Peace prize – rather, you should consider this if you have specific professional experiences that seem novel and unique.

There is also no limit on the “type of profession” – and at Davies & Associates we have represented a diverse range of clients, including but not limited to: Foreign Medical Professionals (i.e. doctors, nurses, researchers), Academics and Professors, Business Executives and Entrepreneurs, Artists, Engineers, and much more.

Generally, you should be considering a merit-based visa category if you are able to provide some of the following:

  • Publications & citations of your work;
  • Proof that you have been recognized for your work (i.e. awards);
  • Evidence that you have achieved a higher-level degree and that you are established in your respective profession;
  • Notable letters of recommendation from others in your industry attesting for your qualifications;
  • Membership of relevant associations, boards and professional organizations related to your work;
  • And other core documentary proof demonstrating that you’ve risen to a certain level of expertise in your field.

Now, these are really general terms for what you should be considering for merit-based visa categories, and obviously there is a lot more due-diligence and work that goes into a prospective application. If you believe you may qualify, we would be glad to provide a more detailed consultation, and request that you complete one of our merit-based questionnaires.

For those that do qualify – merit-based visa categories present numerous advantages. To begin with, you are essentially being granted a visa based on your own achievements and expertise.

Some visa categories do not even require you to have a job-offer or an employer sponsor in the United States, so you are actually petitioning yourself (read more about the National Interest Waiver program). Moreover, with a sound immigration strategy many of merit-based visa categories will lead to permanent residence and a Green Card.

How do I know if I qualify for a Merit-Based Visa?

At Davies & Associates our expert team of legal specialists will provide a thorough review to determine your initial eligibility. We would first review your professional portfolio (i.e. CV/resume) and request that you complete our detailed merit-based questionnaire (please send an email to meritbased@usimmigrationadvisor.com)

What are the Merit-Based Visa Categories?

Merit-based visas can be broken down into two main categories: non-immigrant and immigrant. Generally speaking, Non-Immigrant visas are temporary and permit a candidate to live and work in the United States, while Immigrant-based visas lead to permanent residency (Green Card). Oftentimes, depending on the objectives and specific criteria of our clients we will combine visas and present an overall immigration strategy. Some of the most common visa categories include and is not limited to: L-1 / P-1 / O-1 / J-1 / H-1B / EB-1 / EB-2 / NIW.

How long does it take to get a Green Card?

The processing times for building a merit-based visa application will depend on several factors: visa category, specifics of the client’s case, current processing times, and more. Generally speaking, the merit-based visa categories have received favorable and current processing times when compared to other visa categories as a result of the current administration policies. While processing times are subject to change, many of our clients were able to obtain their visas within 9-12 months from respective US consulates.

What type of professionals will qualify for merit-based visas?

As mentioned above, there is no limitation to the “type of professional” that may qualify. You can be a successful businessman, inventor, entrepreneur, medical professional, actuary, physical therapist, TV or Social Media personality, acclaimed artist, software or aeronautical engineer.


The important question is whether you have the credentials to qualify, regardless of the type of professional you are. In general, the more you can demonstrate that you are established and recognized in your respective career the stronger viability you may have for filing. The criteria for qualifying is very specific – so our team of experts will evaluate specific requirements (i.e. # of publications/citations, awards, membership on professional organizations and boards, etc.).

What is the visa process for merit-based visa applications?

Please read our previous article about this HERE.

I believe I qualify for a Merit-Based Visa – what are the next steps?

Contact us today and we will be glad to provide a tailored-consultation: meritbased@usimmigrationadvisor.com

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.


Traveling to the US During COVID-19: Consular Applications & Interview Update

By David Cantor Global Director of Client Relations

It is notably a difficult time for anyone needing to travel to the United States. Whether it is for purposes of business, family or leisure – travel restrictions are still in effect for the United States through December 31, 2020 as a result of the Presidential Proclamation.

In recent months, various US Embassies and Consulates have issued formal reports on the commencement of adjudicating select visa-applications, conducting interviews and granted travel permission to those who fall within the National Interest Exemption.

The National Interest Exemption (NIE), effectively permits individuals from the UK and Schengen Region to travel to the United States – the most common applicants being Students (F1 and M1 visa holders), Researchers (J1 Visa), Investors (E2) and those who need to attend to urgent, temporary, business matters (B1 or ESTA).

In order to determine whether you qualify for the National Interest Exemption it is necessary to submit a request to the respective US Consulate.

Navigating these requirements can prove challenging, since there is no uniform policy for the re-opening of US Consulates. For instance, the US Consulate in Rome is now welcoming E-2 Treaty Investor Visa applications, while the US Embassy in London does not expressly mention this on the State Department website.

The same goes for other US Consulates throughout the Schengen Region, and we suggest you further consult an attorney to determine visa-processing viability and NIE procedures through the respective Consulate.

What remains clear, is that waiting periods and additional processing delays are likely accumulating. For example, the United States Embassy in London was previously adjudicating E-2 Investor Visas within a 30-45 day window – while, cases filed in March and April remain pending and the earliest interviews that are being granted is August 2021.

That said, for qualified applicants you are generally able to make expedited requests and obtain Consular appointments in a much shorter period of time. However, you still need to fully-understand the processing requirements for the National Interest Exemption, as it varies from Consulate to Consulate. 

The global response to Covid-19 is unprecedented. The United States has imposed restrictions on visits from a swathe of countries and regions in an attempt to limit the outbreak. Nevertheless, if you are considering a US visa application, we recommend starting the process. It takes time to prepare and L-1 and and E-2 visa application, so this uncertain time can still be used effectively.

The E-2 Treaty Investor Visa allows a person to move to the United States with their family for the purpose of own and operating a business. Spouses are eligible to apply for work authorization outside the E-2 business. Applicants must be a citizen of an E-2 Treaty Country. Click here to find out if your country is on the list.

If your country is not on the list, it is necessary to first become a citizen of an E-2 Treaty Country. Davies & Associates is able to package together citizenship by investment (CBI) of Grenada or Turkey with an E-2 visa application. Find out more about the process here.

The L-1 Visa allows for the transfer of a manager or executive from the overseas branch to the US branch of the same company. This visa can also be used as part of setting up a new US presence. Davies & Associates can help you set up the US office before transferring an employee there to manage that business.

The Schengen area refers to 26 European countries that have abolished their internal borders. This includes much of the European Union excluding the United Kingdom, Ireland, and recent joiners. It also includes Iceland, Liechtenstein, Switzerland and Norway.

Contact Us to discuss your case.

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-5 Visa Quotas in 2021

“Immigration Ban” Relaxed for H-1B and L-1 Visa Holders Returning to Same Job

By Maxine Philavong

After several lawsuits that were backed by large U.S. companies, the Trump administration relaxed part of its so-called “immigration ban” on foreign nationals, permitting those on H-1B and L-1 visas to return to their previous held employment in the U.S..

In April, the administration barred all foreign nationals who did not previously hold a valid visa from working in the U.S. for 60 days due to the Covid-19 pandemic. In June, President Trump signed an executive order extending their ban of all workers with a H-1B and L-1 visa, until the end of the year.

This meant that if a person had been waiting for these visas to be issued, or if you already had either of these visas but were waiting for it to get stamped, said person would have now had to wait until at least the end of the year.

The ban put thousands of foreigners waiting for their visas outside of the U.S. in a tough spot. For new visa holders waiting in their home country and those with a visa who had traveled to their home countries for stamping now found themselves barred from returning to the U.S. until the end of the year. Many feared job loss if they were not permitted to return.

Moreover, dependents of the visa holders were impacted, too. If a spouse of the visa holder had traveled to their home country to get their visa stamped but could not secure an appointment before the ban, they may have found themselves stuck in their home country.

However, after pushback from lawsuits that were back by large companies like Apple and Microsoft, the Trump administration has relaxed part of the ban.

Who Qualifies for the H-1B and L-1 Visa Exception?

After relaxing the ban on H-1B and L-1 Visa applications, the Trump administration favors those who qualify for national interest exception. This applies for those who are aiding in the fight against Covid-19 or those whose positions aid in economic recovery in the U.S. Meaning, there special exception for H-1b applications who are “technical specialists, senior level managers, and other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the U.S.”

Additionally, for both visa categories, the administration grants exception to those “seeking to resume ongoing employment in the U.S., in the same position, with the same employer and with the same via classification.”

Those traveling under the H-1B and L-1 visa to the U.S. should be able to prove at least two of the five criteria: “Their employer has a continued need for their work even during the pandemic; they make a significant contribution to a critical infrastructure need; they are paid at least 15% more than the prevailing wage; they have an unusual expertise in the industry; or that their employer would suffer financial hardship if their via was denied.”

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.

Please Contact Us to discuss any of the content in this article.


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.


The President’s Immigration Ban: Update

President Trump has signed the Executive Order temporarily suspending some visa categories for an initial 60 days. This mostly applies to people outside the United States seeking permanent residency / Green Cards, excluding the EB-5 program.
The State Department has just issued a clarification stating that the Order is not retroactive and that “no valid visas will be revoked under this proclamation.”
There are a number of exclusions and exemptions. We recommend you contact us to discuss your specific circumstances.

What is NOT included in the ban:

What is also NOT included in the ban, but subject to a 30-day review:

E-3 Australian Professional Specialty Visa

EB-5 Visas Exemption
The EB-5 Immigrant Investor Visa has been given a special exemption from the ban. EB-5 is a job-creating program. Each EB-5 investment is required to create ten American jobs. The EB-5 Immigrant Investor Program is a fast route to a Green Card for families or individuals able to invest $900,000.

Review of Non-Immigrant Visas
The Executive Order only covers immigrants outside the United States seeking permanent residency (Green Cards). Non-immigrant categories, such as the E-2 Visa, the L-1 Visa, and the H-1B Visa are not currently included in the ban.
However, the Executive Order does call for a review of non-immigrant programs within 30 days with a view to “other measures” affecting these categories. The Order instructs the Secretary of Labor, the Secretary of Homeland Security, and the Secretary of State to report recommendations to the President within 30 days regarding restrictions (if any) on non-immigrant visas.

Adjustment of Status
The order only applies to those seeking immigrant visas (i.e. those outside the US seeking to go through consular processing). It does not impact those inside the US already on a valid visa that are eligible to do Adjustment of Status (AOS). Clients should consult us before traveling outside of the United States if they have a pending AOS application or may be eligible to file one in the near future.

Our Advice
We recommend that anyone seeking a US visa proceed with their application. Much can change in the time it takes to prepare one.
With flights grounded and American embassies closed to consular appointments, the Executive Order makes limited material difference in the short term. There are likely to be a number of lawsuits challenging the ban. This is also an election year. A new administration could be expected to reverse this Order.
We will provide updates on the 30-day review of non-immigrant visas. Some non-immigrant categories, such as the E-2 Treaty Investor Visa, bring investment to the United States and create jobs.

Each client’s circumstances are different. Please contact us to discuss how this may affect you.

Contact Us


The President’s Immigration Ban: Why you Should Still Apply for a Visa

Cost of EB 5 Visa

Duncan Hill is marketing director at Davies & Associates LLC. Duncan is not a lawyer and nothing in this blog constitutes legal advice.

 

President Trump tweeted last night that he would sign an executive order banning immigration to the United States. While it is still unclear how this will play out, it is only likely to be a temporary setback. Anyone hoping to apply for a US visa should continue as normal if their circumstances permit.

“In light of the attack from the Invisible Enemy,” the president tweeted, “as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration to the United States.”

Beyond the tweet, there is very little detail on what would be covered in the executive order. Immigration is a broad concept in the United States, ranging from asylum and the rights of undocumented workers to green cards for investors under the EB-5 Visa program. Would, for example, spouses of Americans (K-1 visas) be included in a ban?

Despite the lack of detail, it might still be advisable for would-be immigrants to press on with their applications. For one thing, any ban would likely cause a build-up of demand. Therefore, progressing an application would help secure a good position in the line once a ban is lifted.

While it is difficult to predict when such a lifting would occur (especially as the ban has not yet been ordered), there are still clues. For starters, President Trump said in his tweet this would only be temporary. Moreover, there are also likely to be legal challenges as there were over Executive Order 13769, the so-called “Muslim Ban”. Additionally, this being an election year, a change of administration in January 2021 would likely result in a reversal.

The second, closely related reason to persevere with an application is that it takes time to prepare one. Davies & Associates specializes in EB-5 visas, E-2 visas, and L-1 visas, all of which require significant preparation. This work could still be conducted while a ban was in progress.

Under the EB-5 program an entire family can obtain Green Cards in exchange for a minimum $900,000 investment. The US authorities are meticulous that each dollar is properly accounted for, and this can take time to document.

The United States Citizenship and Immigration Services (USCIS), which processes EB-5 applications, is still operating in spite of Coronavirus. While they are closed to public interactions, they continue to adjudicate cases. Processing times currently range from 30 to 50 months. Reform to the EB-5 adjudications process will probably reduce this, but it nevertheless points to a time frame much greater than a temporary immigration ban.

The E-2 visa allows a family to move to the United States for the purposes of owning and operating a business. The applicant must pitch a credible business case to the US authorities, which takes time to prepare.

E-2 applicants must come from an E-2 Treaty Country. If you are not from an E-2 Treaty country, it is possible to become eligible for an E-2 visa by first taking citizenship of a country that is eligible. The cheapest and most cost-effective of these is Grenada, Turkey and Montenegro.

Processing times for these citizenship-by-investment programs are quick. In Grenada, for example, citizenship can be obtained in less than three months. The Grenadian authorities are still processing applications, despite a strict lockdown. There is no requirement to visit the country so applications can be made remotely.

Davies & Associates has helped clients obtain the E-2 visa in this way. Countries non directly eligible for the E-2 visa include India, China, Russia, Vietnam, South Africa and Nigeria. Davies & Associates has helped people from non-Treaty countries become eligible for the E-2 visa.

The L-1A visa moves managers within the same company, from an overseas office to an American one. At D&A we specialize in so-called “new office” L1s. This is where we help clients set up a US branch of their existing business and then move themselves or a colleague there to manage the new office.

Inevitably it is necessary to set up the US office before applying for the visa. Again, this is work that could be done regardless of an immigration ban. Our corporate lawyers have helped hundreds of foreign businesses relocate and thrive in the United States.

So, given the time it takes to prepare a visa application and the uncertainty surrounding the ban, it is advisable to start applying regardless. The USCIS and American embassies would likely face a backlog once any ban is lifted. Secure yourself a good position in the queue by proceeding with your application.

 


6 Key Things To Know Before Applying for an L1 Visa

The L1 visa program is one of the most popular options for companies operating in the United States of America, to bring skilled workers at the executive or managerial levels, from overseas into the country. It is a non-immigrant visa, which means that it is granted to applicants who are not looking to permanently migrate to the country and hence is a short-term option. Every year there are millions of workers who apply for the L1 visa for USA from India, due to the vast presence of Indian companies in the country. The American L1 visa can range in duration from three months to 7 years, depending on the migrant’s country of origin. The L1 visa also allows for owners of small businesses to expand their business in the United States and transfer an executive member of staff to the United States to manage that business.

If you are looking for information about the L1 program read our guide that will tell you about 5 key things you should know before applying for one:

  1. Reciprocity schedule: The duration of validity of the L1 visa ranges from 3 months to 7 years. This is largely based on the relations of the country of origin of the worker, with the United States of America. For countries like India and Japan, the L1 visa is granted for 5 years, which can be extended for 2 years more. If you are applying for the L1 visa, please check the US government website to refer to the reciprocity schedule and check the status of your country. There are also certain exemptions granted to specific countries relating to documents and paperwork.
  2. Refusal rate: It’s also important to note that the L1 visa faces a high rate of rejection as compared to other programs. This is due to many factors which involve mistakes with paperwork, incomplete documents or exercise of discretion by USCIS (United States Citizenship and Immigration Services), which comes under the Department of Homeland Security. Recently, the refusal rate for the program was more than 18% so make sure you don’t go wrong with your application. Take professional help from legal firms based in the United States.
  3. Familial rights: The L1 visa is also much sought after due to its multiple familial benefits. As a spouse of an L1 visa holder you are automatically entitled to work in the United States and are granted an L-2 visa, once your employee authorization is cleared. The children of the L1 visa holder can also avail the L-2 visa (under the age of 21 years) and are eligible to apply for American schools and colleges.
  4. Permanent residency: The L-1 is also a legally compliant and valid route to permanent residency, in the form of Green card. This is due to the doctrine of dual intent, applied by US courts and immigration authorities.
  5. Application process: You can get an L-1 by directly applying to the USCIS by filling form I-129. Your company must qualify under the guidelines issued for your application to be considered valid. Again the process involves lot of intricate paperwork so it’s best to seek help. Note that ndian consultants and advisors are not licensed US Immigration lawyers and are not authorized by the US government to offer immigration advice. Be sure to get a legal advisor on your side.
  6. Business Plan: Unless you are a very established or multinational business that can produce US tax returns a properly prepared business plan is critical. At D&A, we believe that a successful business plan needs to be prepared as a collaborative effort between the client, an immigration lawyer and an immigration business plan analyst. Our specialist team that provides US business expansion services incorporates both business analysts and lawyers.

Davies & Associates has a long history of successfully helping people from all over the world get L1 and L2 visas to the United States. Please don’t hesitate to get in contact if you have any questions about this or any other visa.