News & Analysis as of

E-2

Lippes Mathias LLP

Investing in the U.S.: What You Need for a Visa

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There are people all over the world who are interested in investing in the United States. Fortunately, there is a visa classification, the E-2 Treaty Investor, that covers many of them. Originally published by Law360 Canada....more

Lippes Mathias LLP

Canada’s Capital Gains Tax and the Exodus to the U.S.

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There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justin Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Fisher Phillips

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

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Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

Stevens & Lee

U.S. Embassy in Lisbon Will Now Accept E-1/E-2 Visa Applications for Portuguese Nationals

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The United States Embassy in Lisbon, Portugal has just announced its readiness to accept E-1 Treaty Trader and E-2 Treaty Investor visa applications. This comes after the December 2022 passage of the James N. Inhofe National...more

Adams and Reese LLP

Navigating Immigration Challenges in Corporate Mergers and Acquisitions

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In the intricate processes of mergers and acquisitions, the focus often lands squarely on financials, asset management, and strategic alignments. However, an equally crucial aspect that demands attention is the impact of...more

International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

Stevens & Lee

H-1B Fiscal Year 2024 Cap Reached and What’s Next for Fiscal Year 2025

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On December 13, 2023, United States Citizenship and Immigration Services (“USCIS”) announced that it reached the requisite number of H-1B Cap petitions and stopped making further selections for Fiscal Year 2024. Fiscal...more

Fisher Phillips

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

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Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

Lippes Mathias LLP

Avoiding H-1B Status: Some Workable Options

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The biggest problem with H-1B status is that Congress has authorized so few of them to be approved on an annual basis. For some non-profit employers, the cap on the numbers does not impact them... Originally published by...more

Lippes Mathias LLP

How U.S. Interprets Immigration Sections of USMCA

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The United States Mexico Canada Agreement (USMCA) includes information on which citizens of treaty countries can come to the U.S. for specific activities. U.S. Customs and Border Protection (CBP) interprets that information...more

Lippes Mathias LLP

Immigration Pathways for Entrepreneur Employment in the United States

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Working in a foreign country as an entrepreneur can be challenging, particularly when you are an early-stage start-up business. While the United States has a long history of prospering from the ingenuity and innovations of...more

Burr & Forman

Alternative Financing Sources for Developers: EB-5 And E-2 Investors

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The EB-5 immigrant visa investor program has been used as an alternative source of funding for many real estate developers. EB-5 investors have typically preferred real estate related projects, and EB-5 capital has been used...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Cap Lottery? The Other Visa Options to Consider

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Jackson Lewis P.C.

Three-Year Foreign Domicile Requirement for E-Visa Applicants

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A new federal law restricts foreign investors’ access to E visas by adding a three-year domicile requirement for investors who obtained their citizenship through Citizenship by Investment (CBI) Programs....more

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

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Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Dorsey & Whitney LLP

FY 2024 Cap H-1B Registration Period Is Fast Approaching

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The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a cap...more

Stevens & Lee

Congress Passes NDAA for FY2023; Portuguese Nationals Now Eligible for E-1 and E-2 Visas

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Congress passed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (“NDAA”) on December 15, 2022. Of particular importance in the NDAA is Section 5901, which makes two important changes to eligibility...more

Jackson Lewis P.C.

Omnibus Spending Bill Adds Portugal to List of E-1/E-2 Treaty Countries, New E Visa Requirement

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Portugal is designated an E-1/E-2 treaty country in the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776/NDAA) passed by Congress on December 15, 2022. President Joe Biden is expected to sign...more

International Lawyers Network

Establishing A Business Entity In The United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

Jackson Lewis P.C.

Treaty of Commerce and Navigation Visas as Work Visa Option for Manufacturing Companies

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In their search for skilled workers, manufacturers should not overlook countries with which the United States maintains a treaty. Such treaty countries offer an additional avenue to find skilled, non-professional employees....more

Harris Beach PLLC

USCIS Issues Counter-Intuitive Guidance on Documenting Employment Authorization for Dependent E or L Spouses for I-9 Purposes

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We previously reported that USCIS reached a settlement agreement that allows the spouses of foreign nationals holding E-1, E-2, E-3, and L-1 status to work “incident to status.” This means that these spouses can work for any...more

Nilan Johnson Lewis PA

USCIS Confirms Acceptable Evidence of Employment Authorization for Certain E and L Nonimmigrant Spouses

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Following the Shergill, et al. v. Mayorkas settlement, U.S. Customs & Border Protection (CBP) started issuing I-94 forms on January 30, 2022, with new Class of Admission (COA) codes for certain E and L spouses as evidence of...more

Fisher Phillips

International Entrepreneurs Now Eligible for U.S. Entry and Work Authorization – Know the Details Compared to Other Immigration...

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A new federal program that just went into effect late last year is smoothing the way for international entrepreneurs to gain eligibility to enter and work in the United States – but how does it compare to other immigration...more

Dickinson Wright

Form I-9 Update – L1 and E1/E2 Nonimmigrant Spouses Eligible for Work Without Employment Authorization Document – Really?

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During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the...more

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