News & Analysis as of

E-2 Visas

Fisher Phillips

Didn’t Make the H-1B Cap? 11 Alternatives for Hiring Foreign Nationals

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You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more

Gibney Anthony & Flaherty, LLP

[Webinar] H-1B Cap Alternatives: Visa Options for Employers to Consider - April 24th, 12:00 pm ET

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas,...more

Husch Blackwell LLP

Considerations for International Travel for Visa Holders

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As the second Trump administration takes office, we offer the following considerations for visa holders (F-1, H-1B, L-1, E-2, TN, and others) who are seeking to travel internationally....more

Lippes Mathias LLP

H1-B Work Permit Alternatives

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The H-1B is a work permit classification for those who work in Specialty Occupations, which are occupations for which specific university degrees, or related degrees, are required. These are very well-used by foreign students...more

Troutman Pepper Locke

Water Cooler Talk: Immigration Insights From ‘The Proposal’

Troutman Pepper Locke on

This article is part of a monthly column that connects popular culture to hot-button labor and employment law issues. In this installment, we focus on the immigration challenges highlighted in the romantic comedy “The...more

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

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

Adams & Reese

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

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 Murtha PLLC

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

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

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