Introduction
Many people suffered United States immigration penalties because of their reliance on misguided info discovered on the web. While a lot info discovered on the web could also be correct, we’ve turn into conscious of an abundance of visa myths arising out of incorrect info that’s perpetuated throughout the web on websites starting from chat boards to authorities info pages.
Sadly, these visa myths usually result in penalties of various levels, together with the next: a.) A person might forego making use of for a particular visa class that will in any other case permit him to determine a worthwhile business in the USA, because of a mistaken consider that he’s ineligible for the class; or b.) A person may think about that she is allowed to hold on business actions in the USA which are, the truth is, prohibited by regulation, resulting in refusals of entry, visa denials, or worse.
The actual fact of the matter is that United States immigration regulation isn’t, if ever, easy — and it is very important distinguish between the reality and the myths. On this article, subsequently, we tackle the ten (10) visa myths mostly delivered to our consideration by our purchasers, within the hopes of serving to the general public to keep away from expensive missteps.
Myths Related to the E2 Treaty Investor Class
Fable 1: “I want to take a position $250,000 USD in the USA to be eligible for an E2 Treaty Investor Visa.”
The Reality: Not essentially. The US Division of State (“DOS”), the USA authorities agency that handles E-2 visa functions doesn’t set a minimal funding determine. As a substitute, the DOS merely states that the funding have to be substantial. The greenback determine required for a considerable funding relies on the character of the business to be began or to be bought. Your funding should symbolize a considerable proportion of the whole worth of the business to be bought or it have to be ample to start out up a worthwhile new business.
Our agency has dealt with profitable functions for candidates investing as little as $50,000 USD, when this was the total quantity that was required to start out up the business to the purpose of operation.
Fable 2: “I can apply for an E2 visa to permit me to travel to the USA to make my funding.”
The Reality: This isn’t right. Earlier than you legally can apply for an E2 visa, the funding of your cash have to be accomplished, and commercially in danger. Sure laws do permit travellers to go to the USA on the Visa Waiver Program or a Customer Visa for the aim of investing, if in any other case eligible. Nonetheless, this have to be dealt with rigorously to make sure that the actions you’ll do are all approved beneath the laws. For instance, you’ll not be eligible to actively handle your funding, or in any other case work in your business, till you will have obtained the E-2 visa. The officer on the port of entry have to be happy that you’ll solely be engaged in approved actions or chances are you’ll be refused entry or administratively deported.
Our agency usually works with buyers at this preliminary stage of the funding. We provide our services to qualifying buyers to assessment the proposed funding actions in the USA and to offer paperwork for presentation on the port of entry in help of the investor’s proposed actions in the USA.
Fable 3: “I can retire on the E-2 visa.”
The Reality: This isn’t right. The E-2 Treaty Investor visa is just not a retirement visa. It’s supposed for energetic investments and is just issued to buyers coming into the USA to actively develop and direct the funding.
America doesn’t at the moment supply a retirement visa. You will have to safe Authorized Everlasting Residency within the USA earlier than having the ability to retire there on a everlasting foundation. Provided that the E-2 visa is strictly a non-immigrant visa, any Authorized Everlasting Residency petition or software have to be dealt with rigorously to keep away from jeopardizing your E-2 visa standing.
Myths Related to Business Travellers
Fable 4: “I have to travel to the USA to do some work for my employer. I’m not employed by or being paid by a United States Company and I’m solely staying for a short time frame, so I can travel on the Visa Waiver Program.”
The Reality: The Visa Waiver Program doesn’t authorize productive work, no matter the place the company that you just work for is situated, and even whether or not or not you’re paid in your work. This similar rule additionally applies to people holding a normal B-1 Business Customer visa. The business actions allowed beneath the Visa Waiver Program and commonplace B-1 Business Customer visa embrace, however usually are not restricted to, attendance at business conferences, conferences, seminars and exhibitions. Nonetheless, conducting management and management coaching seminars, or different coaching occasions, is just not approved on the Visa Waiver Program.
It is very important be fully clear on whether or not your business actions are approved beneath the Visa Waiver Program. When you carry out unauthorized work in the USA, chances are you’ll be faraway from the USA or refused entry to the USA on a later journey. It’s possible you’ll then be unable to travel to the USA on the Visa Waiver Program and should face issues in securing a B-1 Business Customer’s visa sooner or later.
Throughout the B-1 visa laws there are particular subcategories of B-1 visas that, when issued, permit several types of productive work. The commonest of those subcategories is a Particular Business Concession (also called B1 in lieu of H1) that permits qualifying people to carry out productive work in the USA on behalf of a overseas employer. People usually discover functions for the Particular Business Concession to be much less onerous than different visa classes as the applying is introduced on to the USA Embassy or Consulate overseas. Nonetheless, the introduced software should clearly reveal the applicant’s eligibility and have to be introduced throughout the continuously altering procedural necessities of the DOS. We advocate that you just seek the advice of with a professional immigration attorney in the event you or your employer want to pursue this feature, given {that a} failed visa software, even by means of a easy misstep, may render the applicant ineligible to travel on the Visa Waiver Program ever once more.
Myths Related to L-1 Intracompany Transfers
Fable 5: “America company have to be trading for a minimum of one (1) yr earlier than my overseas employer can switch me to it on an L1 visa.”
The Reality: This isn’t the case beneath the particular L-1 “New Workplace” laws. The “New Workplace” laws permit a person employed by an affiliated company overseas in a managerial, government, or specialised data capability to be transferred to a model new United States company to begin the operations of the company.
The L-1 visa beneath the “New Workplace” laws will probably be issued for as much as one (1) yr initially, and the USA company should reveal in its petition that the transferee will probably be able to step away from any duties within the set-up of the company that aren’t strictly managerial, government, or that don’t require specialised data, by the tip of yr one (1).
A reverse model of this delusion means that the switch can happen even earlier than the institution of the USA company. If truth be told, while the L-1 visa could also be issued to a transferee commencing operations, USCIS have to be happy in reviewing the visa petition that there’s an already-established United States entity ready to obtain the transferee. To facilitate the visa course of, our regulation agency usually assists overseas corporations on this preliminary institution of the USA, which we deal with at the side of the preparation of the visa petition to keep away from pointless delays.
Fable 6: “I’m paid as an unbiased contractor, not as an worker, so I’m not eligible to switch to the affiliated United States company.”
The Reality: You should still be eligible. Contractors that work solely for the overseas company, however are paid as contractors merely for payroll causes, should be transferred to the affiliated United States company on an L-1 visa, if in any other case eligible. Throughout our preliminary session with you or the contracting company, we’d talk about extra about your position to make sure that it qualifies. Additionally, if you don’t meet the necessities for the L-1 visa, we are able to talk about different potential choices.
Myths Related to Felony Arrests and Convictions
Fable 7: “I’ve a felony report. I’m required to use for a visa earlier than touring to the USA.”
The Reality: It relies on the report. This delusion mostly arises in relation to Query B. on the Digital System for Travel Authorization (“ESTA”) required to travel to the USA. Query B asks:
Have you ever ever been arrested or convicted for an offense or crime involving ethical turpitude or a violation associated to a managed substance; or have been arrested or convicted for 2 or extra offenses for which the combination sentence to confinement was 5 years or extra; or have been a managed substance trafficker; or are you looking for entry to interact in felony or immoral actions?
Whenever you reply sure to this query, the US Customs and Border Safety evaluations the applying file and determines whether or not travel will nonetheless be approved or, extra generally, that you will want to use for a visa at the USA Embassy or Consulate overseas earlier than touring to the USA.
The portion of the query that usually causes confusion is whether or not the arrest or conviction was for a “crime involving ethical turpitude”. Widespread regulation in the USA defines ethical turpitude ambiguously as “conduct which is inherently base, vile, or wicked, and opposite to the accepted guidelines of morality and the duties owed between individuals or to society typically.” Moreover, the punishment imposed doesn’t shed any light as to the presence or absence of ethical turpitude; some crimes punishable by solely a fine can nonetheless be thought-about crimes involving ethical turpitude, while different crimes usually thought-about by most of the people to be severe usually are not.
The dedication as as to whether a criminal offense includes ethical turpitude requires a assessment of the topic felony report towards each the equal United States Federal or State felony statutes and the related United States immigration legal guidelines. We advocate that you just seek the advice of with a professional immigration Attorney earlier than answering the ESTA query or contacting the USA Embassy or Consulate to schedule an appointment. Whenever you name the USA Embassy or Consulate, you’ll usually attain a buyer service consultant at a name middle, not a visa officer, who can not instruct you on whether or not your arrest or conviction concerned a criminal offense involving ethical turpitude. These buyer service representatives as an alternative merely instruct the person to schedule a visa interview to make a visa software.
We obtain inquiries from people that would have answered “no” to Query B., however who however attended a visa interview as a result of they have been unsure and instantly consulted with the USA Embassy’s name middle. On the consular interview, the USA Embassy or Consular Officer notified the person that their report didn’t include a criminal offense involving ethical turpitude, however that the applying was denied for different causes, akin to “inadequate ties exterior of the USA”. This visa denial then renders the person who would have in any other case obtained ESTA approval unable to travel on the Visa Waiver Program. Moreover, the visa denial stays on ones DOS report for all times and may be very tough to beat as Embassy officers sometimes defer to the earlier denial until there was a fabric change of circumstances.
Fable 8: “The conviction I suffered is now spent so I don’t have to disclose it to United States immigration.”
The Reality: America authorities doesn’t acknowledge the idea of spent convictions. An arrest or conviction that falls beneath a class requiring disclosure have to be revealed no matter how way back it occurred and no matter whether or not it has been eliminated out of your report 미국취업이민.
Different Normal Immigration Myths
Fable 9: “As soon as I’ve been in the USA for a number of years on a non-immigrant visa, I’ll robotically obtain a “Inexperienced Card” (i.e., Authorized Everlasting Resident standing).
The Reality: In contrast to many nations, a person doesn’t robotically turn into eligible for Authorized Everlasting Resident (“LPR”) standing after dwelling in the USA for a sure variety of years. America grants LPR standing following approval of a sponsored petition or software course of that’s distinct from the non-immigrant visa.
These sponsored petitions could also be lodged by sure United States residents or LPRs, or by qualifying US employers. Quite a few totally different classes exist to petition for LPR standing and every class maintains its personal necessities and time scales. These classes usually face greater scrutiny and extra necessities by USCIS than non-immigrant petitions, and we advocate that you just seek the advice of with a professional United States immigration Attorney earlier than commencing the method.
Fable 10: “I’ve stayed within the US for the total 90 days of the Visa Waiver Program, however I’m not prepared to go away but. I’ll fly out for the day and be capable to keep for an additional 90 days after I re-enter the US.”
The Reality: Possibly. Every time you search to enter the USA, a US Customs and Border Safety officer determines your eligibility to enter the USA and, if admitted, how lengthy chances are you’ll keep. Prolonged stays of quite a lot of weeks and significantly stays for all the ninety (90) days adopted by a fast return to the USA might arouse the suspicion of the US Customs and Border Safety officer. Re-entering the USA after a full ninety (90) day keep and temporary departure is just not strictly prohibited, however the officer might deny your entry based mostly on suspicions that you just intend to completely reside in the USA, won’t go away by the expiration date in your I-94, or that you’re partaking in unauthorized work whereas in the USA.
We advocate that you just talk about your want to stay within the USA for greater than ninety (90) days with a professional immigration Attorney to find out if there’s a visa which will assist facilitate your travel to the USA all year long. You also needs to seek the advice of with an accountant or tax advisor acquainted with United States tax as chances are you’ll be topic to US tax legal responsibility after remaining in the USA for greater than 180 days of a yr – even on the Visa Waiver Program.
Conclusion
These are only a handful of the visa and immigration myths that abound within the public area, together with on web boards and chat rooms. Reliance on these myths can result in severe penalties, together with pointless visa denials, invalidation of ones proper to enter the USA on the Visa Waiver Program, lack of cash and business alternatives and even removal or deportation from the USA. Even in the event you intend to deal with your visa or immigration matter on a DIY foundation, it’s best to seek the advice of with an skilled US immigration lawyer — if solely to substantiate your understanding of the related US immigration legal guidelines and laws. In search of skilled recommendation will reduce the hazard of mis-stepping as you try to navigate the US immigration minefield.