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E-2 Visas – Business Ownership: Substantial Personal Investment

November 20, 2016 Philip Levin

When we are talking about the investment being “substantial,” there are a couple of other things to mention: The applicant/investor is required to be investing his or her own personal… CONTINUE

Filed Under: Blog

Three Rules Regarding Ownership of a Business to Qualify for an E-Visa

November 19, 2016 Philip Levin

One must generally observe three rules regarding business ownership for an E visa. At least 50% ownership of the business–because the company must have the nationality of the owner. So,… CONTINUE

Filed Under: Blog

BIA Holds A Theft Offense Is A Crime Involving Moral Turpitude (CIMT) IF It Involves Taking Another’s Property Without Consent And With An Intent To Deprive The Owner Of the Property Either Permanently Or Under Circumstances Where The Owner’s Property Rights Are Substantially Eroded. Thus, BIA Holds A Conviction For Shoplifting Under Arizona §13-1805 (A) Qualifies As A Categorical CIMT.

November 18, 2016 Philip Levin

On November 16, 2016, the Board of Immigration Appeals (BIA or Board) updated its jurisprudence on the subject of when a theft offense categorically qualifies as a crime involving moral… CONTINUE

Filed Under: Blog

BIA Holds A Conviction Under New York Penal Law §155.25 For Petit Larceny, Which Requires An Intent To Deprive An Owner Of Property Either Permanently Or Under Circumstances Where The Owner’s Property Rights Are Substantially Eroded, Is a Categorical Crime Involving Moral Turpitude. Matter of Diaz Lizarraga, 26 I&N Dec. 847 (BIA 2016) Followed.

November 18, 2016 Philip Levin

On November 16, 2016, following its immediately prior precedent decision, the Board of Immigration Appeals (BIA or Board) applied that case (published as a companion opinion) and again revisited its… CONTINUE

Filed Under: Blog

How many types of E-Visas are there?

November 16, 2016 Philip Levin

There are many different types of e-visas.  There is a Treaty Trader Visa which is the E-1. The E-2 is a Treaty Investor Visa. E visa issuance is generally based… CONTINUE

Filed Under: Blog

What is a “Derivative E-2 Visa?”

November 14, 2016 Philip Levin

A derivative e-2 visa pertains to a spouse or minor unmarried child. It is important to note that a derivative E-2 spouse can obtain work authorization. So, unlike many other… CONTINUE

Filed Under: Blog

Would a Relatively Small (i.e., $25,000) Investment in a Franchise Qualify for E-visa?

November 12, 2016 Philip Levin

Franchises are allowed as E-2 visa entities.The “substantiality” of any particular investment is, of course, contextual, and $25,000 may be viewed as too small as sum. Typically, we tell people… CONTINUE

Filed Under: Blog

How “Substantial” Must an Investment be to Qualify for an E-Visa?

November 9, 2016 Philip Levin

“Substantiality” is contextual. This is, substantiality is not an objective test so much as a subjective test that the e-visa applicant must pass by carrying his or her burden of… CONTINUE

Filed Under: Blog

What are the Requirements for an E-2 Investor Visa?

November 7, 2016 Philip Levin

Speaking solely of the E-2 investor visa, the requirements are: That the investor makes a substantial investment in an entity in the United States. That the person come to the… CONTINUE

Filed Under: Blog

BIA Holds That Removability For An Aggravated Felony Crime OF Violence Was Not Established Where Utah Code §76-10-508.1 Is Not Divisible In Regards To The Mens Rea Required By 18 U.S.C. §16(a), Per The U.S Supreme Court Decisions in Mathis And Descamps. Matter Of Chairez, 26 I&N Dec. 349 (BIA 2014) and Matter of Chairez, 26 I&N Dec. 478 (BIA 2015) Clarified.

November 7, 2016 Philip Levin

On September 28, 2016, The Board of Immigration Appeals (BIA or Board), on remand from the Attorney General, clarified that the understanding of statutory divisibility “embodied” in Mathis v. U.S…. CONTINUE

Filed Under: Blog

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Recent Blog Posts

  • U.S. Visa Interview Waiver Program: Important 2025 Updates
  • New DOS Guidance on Mandating Social Media Review of all F-1, M-1, and J-1 visa applicants and Possible Revocations: What You Need to Know
  • H-1B LOTTERY FY 2026 AND THE RECENT MODERNIZATION RULE 
  • Birthright Citizenship Under Fire: Trump’s Latest Executive Order Explained
  • BIA Holds That Its Prior Holding In Matter Of Fernandes, 28 I&N Dec. 605 (BIA 2022), That An Objection To A Noncompliant Notice To Appear Will Generally Be Considered Timely If Raised Prior To The Close Of Pleadings Is Not A Change In Law, And Thus Matter Of Fernandes Applies Retroactively.

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R-1
TN

The TN nonimmigrant classification allows qualified Canadian and Mexican citizens to enter the U.S. and engage in professional business activities. LPPC will help you navigate through the TN application process by evaluating your eligibility, preparing supporting documentation for your application, and ultimately filing your application. 

B-1

LPPC will guide you through the consular process to receive a B-1 visa for specific short-term business purposes ranging from contract negotiations to seminars and conferences.

O-1

O-1 visas are for persons of extraordinary ability in the sciences, arts, education, business or sports. 

J-1

Administered by the Department of State, the J-1 visa is for students, trainees, academics, researchers, professionals or experts participating in an approved Exchange Visitor program. LPPC will assist you and your sponsor with preparing the necessary paperwork and the consular process so you can begin your program at ease. 

E-1 & E-2

E-1 visas and E-2 visas are for nationals of countries with which the United States has a treaty of friendship, commerce and navigation (FCN) or bilateral investment treaty (BIT). If you are a nonimmigrant trader or investor seeking to conduct business operations or develop a new enterprise in the U.S., we will help you file for the appropriate visa. As a recognized expert in this area, Mr. Levin will provide experienced and dependable assistance with E-1 or E-2 visa applications. 

  • E-1: If you are a national of a country that conducts a significant volume of trade with the U.S. (or if you intend to develop trade between the U.S. and your home country) you might be eligible for entry under an E-1 visa. 
  • E-2: The E-2 visa allows investors from treaty countries to enter the U.S. for purposes of directing and developing a business, with all the commitments and risks implicit in entrepreneurial activity. 
L-1

The L-1 visa category is for executives, managers or professionals employed by foreign affiliates of U.S companies. The L-1 visa is divided into two classifications:

  • L-1A Intracompany Transferee Executive or Manager
  • L-1B Intracompany Transferee Specialized Knowledge
H-1B

Many companies in the United States find themselves increasingly dependent on the talent, experience and energy of foreign national workers in professional, technical or specialized occupational fields. These employees typically enter the U.S. on nonimmigrant H-1B visas for “specialty occupations.” 

With extensive experience in business immigration, you can count on LPPC to guide your company or Human Resources department in preparing and filing an H-1B visa petition.

Green Card

Family preservation and reunification is a priority for our firm. Our attorneys have advised and assisted families from all over the world with entry visas, adjustment of status, and other immigration problems. 

  • Immediate Relatives: If you are the spouse, child, or parent of a U.S. citizen, we can help you obtain a green card through an Immediate Relative petition. 
  • Family-Based Preference: If your relative is a U.S. citizen or lawful permanent resident, we can assist you with your green card application through one of the family based preference categories.
Fiances

If you are a U.S. citizen and your fiancé/fiancée or spouse is overseas, our office will assist you to navigate the CIS requirements and regulations to have the case approved and then prepare you and your spouse for the interview at the U.S. Embassy. LPPC will also help you find the best ways to resolve any problems you encounter if a waiver is required in your case.

Marriage

Immigration through marriage is a common means of obtaining permanent residence in the U.S.  Since 1991, Philip Levin & Associates has helped hundreds of couples immigrate to the U.S. and build their lives together. 

  • I-130 Petition and Adjustment of Status: If you are married to a U.S. citizen, present in the U.S. and eligible to do so, our attorneys will assist you in preparing and filing the necessary I-130 petition and I-485 adjustment of status application in the U.S.
  • Immigrant Visa Consular Processing: If you are married to a U.S. citizen and reside abroad, we will assist you in preparing and filing the IV petition with an Embassy or Consulate-General in your native country. 
  • I-751, Remove Conditions on Residence: If you have been married less than two years at the time your green card was initially approved, our office will help you in the joint petition process to become a permanent resident.