E-2

News & Analysis as of

CIS Announces New Rule Impacting Employment-based Nonimmigrants and Immigrants

USCIS has published a final rule focused on the retention of EB-1, EB-2, and EB-3 immigrant workers and the improvement of existing temporary visa programs for high-skilled nonimmigrant workers. The new rule takes effect on...more

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa...

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of...more

Visas for the U.S.: What Are Your Options?

This post is for the many French people who ask me on a regular basis about the U.S. visas that are available to them. Several visa categories exist. This post will focus on the most commonly used in the case of French...more

New DHS Rule Gives Employers, Employees Flexibility in the Face of Immigrant Visa Backlogs

The Department of Homeland Security published a final rule on November 18, 2016, relating to certain employment-based visa programs. The new regulations will go into effect on January 17, 2017. The rule focuses on job...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. USCIS has published a final rule to modernize and improve several aspects of certain employment-based...more

Visa Options for Foreign Investors and Entrepreneurs

Many U.S. startups are co-founded by foreign nationals, and for those that are not, all start-ups need capital. Fortunately, it is not necessary to limit the potential investor pool exclusively to U.S. citizens and permanent...more

Where Do the Presidential Candidates Stand on Employment Visas?

While many observers of the 2016 United States presidential campaign have called immigration policy one of the central issues in the election, the implications of that heightened attention to the issue are not equally clear...more

Proposed USCIS Rule for Entrepreneurs Would Benefit Very Few if Finalized

United States Citizenship and Immigration Services (USCIS) recently announced a new proposed rule for entrepreneurs. If the rule becomes law, qualified entrepreneurs would be considered for parole (temporary permission to be...more

TechConnect - Your Law Firm Link to Industry News - September 2016

Letter from the Editors - Dear Readers, The world of raising capital for emerging companies has experienced a revolution. Prior to the enactment of the JOBS Act in 2012, raising capital for private companies was...more

Parole for Entrepreneurs

At MintzEdge, we are already thinking about how a recent immigration law development may help our clients grow their ventures. The United States Citizenship and Immigration Services (USCIS) recently announced a new rule for...more

Immigration Update: Entrepreneurs May Have a New Way to Start Up in the United States

The Department of Homeland Security (DHS) published a proposed rule that could provide an unusual type of immigration benefit called "parole" to individuals seeking a key role in start-up entities in the United States backed...more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

Foreign Entrepreneurs Series | Part 1: Putting the Start-Up Cart before the Visa Horse / Nonimmigrant Visas

Navigating the legal landscape when starting a business can be tricky, and this is especially true when doing so in a country foreign to your own. In this post and others to follow, we will discuss some of the issues faced by...more

US Consulates in Canada Expand E-1/E-2 Visa Processing

The US Consulate in Toronto has introduced “streamlined” registration for companies applying for E-1 Treaty Trader or E-2 Investor registrations. In addition, E-1 and E-2 visa processing for employees of companies with valid...more

Why E-2s Are An Excellent Option

On a panel recently at a conference sponsored by the American Immigration Lawyers (AILA) Conference in London, I was asked why I might advise a client to file an E-2 visa application instead of seeking an L-1 visa. The answer...more

E-2 Visas May be Available to Israelis by end of 2015

On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger...more

When Transferring Employees to the U.S., Foreign Employers Should Consider Impact if Proposed Changes to Overtime Exemption Are...

On July 6, 2015, the Department of Labor (“DOL”) proposed a revision to the “white collar” overtime exemption rule. As explained by Littler when it testified before the House Subcommittee, “the proposed white collar...more

US Visa Options for Foreign Entrepreneurs

The U.S. Census Bureau estimates that about 400,000 new businesses are started annually in the United States. If you’re a foreign citizen who is interested in launching a new business in the United States, a corporate...more

Tax-Savvy Planning for Foreign Business Owners Seeking Temporary U.S. Residence: Alternatives to the EB-5 Visa

The EB-5 Visa program has been widely promoted as a legal basis for foreign business owners to gain conditional residency followed by permanent residency in the United States. The program is a great solution to the...more

H-1B Alternative Series: Flexibility in Foreign Trade and Treaty Visas

Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? Is your client from one of the 79...more

Immigration Law for Startups: Prime Visa Options

This is the second in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

U.S. Visa Categories Leave Entrepreneurs Few Options

Many of Julie Ferguson’s immigration law clients are entrepreneurs seeking to launch startups in the United States. They come from all over the world, but Ms. Ferguson, who practices in Miami, sees especially high numbers...more

DOS Announces Changes to E Visa Application Processing in Mexico

The U.S. Department of State (DOS) announced changes to the application process to obtain E-1 and E-2 visas, due to recent increases in overall visa applications made through the U.S. Embassy in Mexico City. The E-1 visa is...more

Didn’t Make the H-1B Cut? Here are Some Alternatives

As previously reported, U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap, including the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption for...more

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