FREQUENTLY ASKED QUESTIONS - FAQs and ANSWERS
General Questions
Answer: Absolutely! Mr. Davis handles cases for clients all over the world.
Treaty Investor Visa - E-2
Answer: An E-2 treaty investor visa - PROVIDED you are a citizen of a country having a treaty with the U.S. See this link for the countries with reciprocal treaties with the U.S. Most recently these have been in the form of Free Trade Agreements. The basic requirements are that the investment must be substantial and not marginal; it must be a real, operating and active business; the applicant must be coming to develop and direct the investment business. The visa is granted by the U.S. Embassy or American Consulate General posts abroad. American Consulate Generals and U.S. Embassies vary in processing times; the usual governmental estimates range from 8 to 13 weeks.
Mr. Davis' preparation and style of presentation has resulted in approval of E-2 visas in 2 to 3 weeks. Mr. Davis' services include detailing to clients which documents are necessary. After he obtains the documents, he then analyzes the documentation to determine if the case is within a reasonable range of being approved. His policy is not to file a case until he is of the opinion that it is within a 90% ratio. He carefully assembles and organizes the documents as exhibits the way the government wants them presented. He explains in a detailed letter how the documentary evidence complies with the regulatory requirements. Mr. Davis serves as liaison with the governmental officials. In other words Mr. Davis makes sure the case is presented not only properly, but in a way that is most likely to be approved, i.e. so that the adjudicator is comfortable in granting the visa. Mr. Davis has received E-2 approvals on applications he filed for clients in Amsterdam, Bern, Frankfurt, London, Nassau, Quebec City, Rome, Singapore, Sydney, Toronto, Zurich.
Answer: Yes. The E-2 status is available by filing a petition with the U.S. Citizenship and Immigration Services (USCIS ) of the Department of Homeland Security (DHS); but the approval by USCIS cannot be used as a visa to leave and re-enter the U.S. A visa application to the American Consul (AmCon) overseas is necessary even if the USCIS has previously approved this status. The AmCon Treaty Visa Officer will make his or her own decision based on the information on the forms and documentation in support of the application. Mr. Davis recently received an approval from USCIS in less than 2 weeks
Answer: Indefinitely. The E-2 visa is renewable as long as the investment is viable and active. The visa holder must be willing to return to his or her home country once the investment is terminated. The E-2 visa is usually issued for 5 years depending on the treaty with each country. It must be renewed in the home country every 5 years. The U.S. Customs and Border Protection (USCBP) inspectors at the port of entry grant stays in intervals of only 2 years. The period of stay may be extended at 2 year intervals.
Answer: The investment can be any business. It must be active and not passive. It's better if you employ U.S. workers. Mr. Davis recommends franchise businesses. The organizational structure can be corporation, limited liability company (LLC), partnership or sole proprietor. The LLC seems to be the most preferred structure. It is recommended that investors consult with their financial advisor, certified public accountant (CPA) before deciding on this.
Answer: There is no set amount. It depends on the individual investment enterprise. Mr. Davis has had investment cases approved as low as US$30,000 in the U.S. by USCIS and US$80,000 through consular processing overseas. The investment must be "substantial" and a "real operating" business. It must not be marginal merely providing a subsistence to the owner. It is expected by the government that at least half the value of the investment enterprise will be capitalized and at risk. Mr. Davis advises clients that the most important part of planning for this type visa is to make sure that the investment is a sound business decision first.
Student status - F-1
Answer: Yes. After 9/11 there was a proposal by the government to prevent visitors to enter the U.S. and then apply for student status. This proposal was subsequently withdrawn. However, the visitor must not be coming to the U.S. as a visitor with the intent of becoming a student. Students used to be allowed to start school after filing for a change of status to student. Now, the rule is that the application must be approved before starting school. If a visitor applies for a change from a B-2 to F-1 within 60 days from the date of entry, there is a legal presumption that there was a pre-existing intent to enter as a student and is entry fraud. Not only can the case be denied for pre-mature filing, but this can be a bar to future entry to the U.S.
Temporary Worker - H-1B
Answer: Yes. The regulations require a bachelor's degree "or the equivalent". The equivalency can be based on a combination of education, training and experience in progressively more responsible positions. Mr. Davis has lectured on this topic at national and state seminars for immigration lawyers. He has specialized in utilizing industry experts, academicians and credential evaluation companies to evaluate if the foreign worker is qualified.
Answer: Yes. Employers associated and connected with an institution of higher education which is a tax exempt not for profit organization are not subject to the H-1B quota. The employer can file its petition at any time and does not have to wait to October 2009. This also applies to research institutes. Mr. Davis has successfully filed for private and public high schools on behalf of teachers.
Intra-company Transfers of Executives/Managers - L-1A
Answer: Yes. You must have been employed by the foreign company for at least one year within the last 3 years. You must be coming to the U.S. to be an executive or manager. The foreign company must still be in existence. You must have a physical premises in the U.S. You must be a manager or executive. The USCIS has narrowly interpreted this in a restrictive manner.
Answer: No. The U.S. business can be any business. Mr. Davis has represented clients who have U.S. businesses totally different such as a meat packing plant overseas and purchased a motel in the U.S. The case was approved. However, there must be a connection between the foreign business and the U.S. company. This can be a subsidiary, in which the foreign company owns the U.S. company; or it can be a branch; or it can be an affiliate in which the owners of the company overseas owns the U.S. business or stock if a corporation.
Labor Certification - PERM
Answer: No. This would be considered "unduly restrictive" against American workers unless you can show and document business necessity. For instance, if a large percentage of customers spoke that foreign language. This has to be proven by documentation of the business. Normally, the foreign language requirement would cause the application to be put in an audit and is unlikely to be approved.
Answer: Registered Nurses and Physical Therapists do not even need a labor certification. Also persons of extraordinary ability in the arts, business, education, science and athletics. Engineers, mathematicians, statisticians, science and math teachers, skilled workers such as ethnic specialty chefs, machinists, mechanics, diesel repair, health care workers in certain shortage areas. Mr. Davis has represented all of these and specializes in representing clients of international renown and extraordinary ability. This has included Nobel prize winners.
Lawful Permanent Resident (LPR)
Answer: Estimates vary from 30 days to 5 months. USCIS suggests waiting 6 months before filing for a new card; but you can make an infopass appointment and get a stamp in your passport in the meantime.