Introduction
Many people suffered United States immigration penalties as a result of their reliance on faulty data discovered on the web. While a lot data discovered on the web could also be correct, we’ve got turn out to be conscious of an abundance of visa myths arising out of incorrect data that’s perpetuated throughout the web on websites starting from chat boards to authorities data pages.
Sadly, these visa myths typically 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 enable him to ascertain a worthwhile business in the US, as a result of a mistaken imagine that he’s ineligible for the class; or b.) A person would possibly take into account that she is allowed to hold on business actions in the US which can be, in truth, prohibited by legislation, resulting in refusals of entry, visa denials, or worse.
The very fact of the matter is that United States immigration legislation isn’t, if ever, simple — and it is very important distinguish between the fact and the myths. On this article, subsequently, we tackle the ten (10) visa myths mostly delivered to our consideration by our shoppers, within the hopes of serving to the general public to keep away from pricey missteps.
Myths Related to the E2 Treaty Investor Class
Fantasy 1: “I would like to speculate $250,000 USD in the US to be eligible for an E2 Treaty Investor Visa.”
The Actuality: Not essentially. The US Division of State (“DOS”), the US authorities agency that handles E-2 visa functions doesn’t set a minimal funding determine. As an alternative, the DOS merely states that the funding should be substantial. The greenback determine required for a considerable funding is determined by the character of the business to be began or to be bought. Your funding should symbolize a considerable proportion of the overall worth of the business to be bought or it should be enough 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.
Fantasy 2: “I can apply for an E2 visa to permit me to travel to the US to make my funding.”
The Actuality: This isn’t appropriate. Earlier than you legally can apply for an E2 visa, the funding of your cash should be accomplished, and commercially in danger. Sure rules do enable 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 should be dealt with fastidiously to make sure that the actions you’ll do are all approved beneath the rules. For instance, you’ll not be eligible to actively handle your funding, or in any other case work in your business, till you’ve gotten obtained the E-2 visa. The officer on the port of entry should be glad that you’ll solely be engaged in approved actions or you could be refused entry or administratively deported.
Our agency typically works with buyers at this preliminary stage of the funding. We provide our services to qualifying buyers to evaluate the proposed funding actions in the US and to supply paperwork for presentation on the port of entry in help of the investor’s proposed actions in the US.
Fantasy three: “I can retire on the E-2 visa.”
The Actuality: This isn’t appropriate. The E-2 Treaty Investor visa is just not a retirement visa. It’s meant for lively investments and is just issued to buyers getting into the USA to actively develop and direct the funding.
The US doesn’t presently supply a retirement visa. You have to to safe Authorized Everlasting Residency within the USA earlier than with the ability to retire there on a everlasting foundation. On condition that the E-2 visa is strictly a non-immigrant visa, any Authorized Everlasting Residency petition or software should be dealt with fastidiously to keep away from jeopardizing your E-2 visa standing.
Myths Related to Business Travellers
Fantasy four: “I must travel to the US 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 brief time period, so I can travel on the Visa Waiver Program.”
The Actuality: 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 might be paid on your work. This identical 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 US, you could be faraway from the US or refused entry to the US on a later journey. You could then be unable to travel to the US on the Visa Waiver Program and will face issues in securing a B-1 Business Customer’s visa sooner or later.
Inside the B-1 visa rules there are particular subcategories of B-1 visas that, when issued, enable several types of productive work. The most typical of those subcategories is a Particular Business Concession (often known as B1 in lieu of H1) that enables qualifying people to carry out productive work in the US on behalf of a international employer. People usually discover functions for the Particular Business Concession to be much less onerous than different visa classes as the applying is offered on to the US Embassy or Consulate overseas. Nonetheless, the offered software should clearly show the applicant’s eligibility and should be offered inside the steadily altering procedural necessities of the DOS. We suggest that you just seek the advice of with a professional immigration attorney if you happen to or your employer want to pursue this selection, given failed visa software, even by means of a easy misstep, may additionally render the applicant ineligible to travel on the Visa Waiver Program ever once more.
Myths Related to L-1 Intracompany Transfers
Fantasy 5: “The US company should be trading for no less than one (1) yr earlier than my international employer can switch me to it on an L1 visa.”
The Actuality: This isn’t the case beneath the particular L-1 “New Workplace” rules. The “New Workplace” rules enable a person employed by an affiliated company overseas in a managerial, govt, or specialised information capability to be transferred to a model new United States company to start the operations of the company.
The L-1 visa beneath the “New Workplace” rules will probably be issued for as much as one (1) yr initially, and the US company should show in its petition that the transferee will probably be ready to step away from any duties within the set-up of the company that aren’t strictly managerial, govt, or that don’t require specialised information, by the tip of yr one (1).
A reverse model of this fantasy means that the switch can happen even earlier than the institution of the US company. Truly, while the L-1 visa could also be issued to a transferee commencing operations, USCIS should be glad 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 legislation agency typically assists international corporations on this preliminary institution of the US, which we deal with together with the preparation of the visa petition to keep away from pointless delays.
Fantasy 6: “I’m paid as an impartial contractor, not as an worker, so I’m not eligible to switch to the affiliated United States company.”
The Actuality: You should still be eligible. Contractors that work completely for the international 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 might talk about extra about your function 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 Prison Arrests and Convictions
Fantasy 7: “I’ve a felony document. I’m required to use for a visa earlier than touring to the US.”
The Actuality: It is determined by the document. This fantasy mostly arises in relation to Query B. on the Digital System for Travel Authorization (“ESTA”) required to travel to the US. 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 mixture sentence to confinement was 5 years or extra; or have been a managed substance trafficker; or are you in search of entry to interact in felony or immoral actions?
Once you reply sure to this query, the US Customs and Border Safety opinions 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 US Embassy or Consulate overseas earlier than touring to the US.
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 legislation in the US 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 usually.” 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 of crimes involving ethical turpitude, while different crimes usually thought of by most people to be severe usually are not.
The dedication as as to whether against the law entails ethical turpitude requires a evaluate of the topic felony document towards each the equal United States Federal or State felony statutes and the related United States immigration legal guidelines. We suggest that you just seek the advice of with a professional immigration Attorney earlier than answering the ESTA query or contacting the US Embassy or Consulate to schedule an appointment. Once you name the US Embassy or Consulate, you’ll usually attain a buyer service consultant at a name middle, not a visa officer, who can’t instruct you on whether or not your arrest or conviction concerned against the law involving ethical turpitude. These buyer service representatives as a substitute 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 immediately consulted with the US Embassy’s name middle. On the consular interview, the US Embassy or Consular Officer notified the person that their document didn’t comprise against the law involving ethical turpitude, however that the applying was denied for different causes, comparable to “inadequate ties outdoors of the US”. 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 document for all times and may be very troublesome to beat as Embassy officers usually defer to the earlier denial until there was a cloth change of circumstances.
Fantasy eight: “The conviction I suffered is now spent so I don’t must disclose it to United States immigration.”
The Actuality: The US authorities doesn’t acknowledge the idea of spent convictions. An arrest or conviction that falls beneath a class requiring disclosure should be revealed no matter how way back it occurred and no matter whether or not it has been eliminated out of your document.
Different Common Immigration Myths
Fantasy 9: “As soon as I’ve been in the US for a number of years on a non-immigrant visa, I’ll mechanically obtain a “Inexperienced Card” (i.e., Authorized Everlasting Resident standing).
The Actuality: In contrast to many international locations, a person doesn’t mechanically turn out to be eligible for Authorized Everlasting Resident (“LPR”) standing after dwelling in the US for a sure number of years. The US 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. A number of various classes exist to petition for LPR standing and every class maintains its personal necessities and time scales. These classes usually face increased scrutiny and extra necessities by USCIS than non-immigrant petitions, and we suggest that you just seek the advice of with a professional United States immigration Attorney earlier than commencing the method.
Fantasy 10: “I’ve stayed within the US for the total 90 days of the Visa Waiver Program, however I’m not prepared to depart but. I’ll fly out for the day and be capable of keep for an additional 90 days after I re-enter the US.”
The Actuality: Possibly. Every time you search to enter the US, a US Customs and Border Safety officer determines your eligibility to enter the US and, if admitted, how lengthy you could keep. Prolonged stays of various weeks and notably stays for your complete ninety (90) days adopted by a fast return to the US 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 US, is not going to depart by the expiration date in your I-94, or that you’re partaking in unauthorized work whereas in the US 工作簽證.
We suggest 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 accustomed to United States tax as you could be topic to US tax legal responsibility after remaining in the US 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 if you happen to 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 verify your understanding of the related US immigration legal guidelines and rules. Looking for skilled recommendation will reduce the hazard of mis-stepping as you try and navigate the US immigration minefield.