הסנאט האמריקני אישר את "ויזת החלומות" לישראלים
מאושר לאזרחי ישראל החל ממאי 2019
החלום האמריקני קרוב יותר מאי פעם. הסנאט האמריקני אישר הלילה (שישי) פה אחד את החוק המקנה לישראלים את ויזת העסקים המכונה גם ויזת החלומות. כעת יוכלו אזרחים ישראלים שירצו לעבוד בארצות הברית לעשות זאת בקלות רבה.
על פי החוק שאושר כל זמן שמבקש הויזה עובד בעסק, יוכלו הוא ובני משפחתו לחיות ולעבוד בארצות הברית. בניגוד לויזות הקיימות, ויזה זו אינה דורשת השכלה או סכומי כסף גבוהים כהשקעה. יוזם החוק, הווארד ברמן בירך על אישורו של החוק.
E2 Visa Benefits
- Expeditious processing: U.S. E-2 visa can generally be obtained within 3 months
- Unlimited number of extensions
- Investor’s spouse and dependent children under 21 years old may be included
- Investor’s spouse can apply to work anywhere in the U.S.
- Free high-school education for children in the U.S. with E-2 visa and in-state college tuition rates
- E-2 can have the potential to be converted to EB-5 over the course of time
- Investor and dependents may spend time in the U.S. without being subject to world-wide income tax
From Forbes.com Dec 17, 2019,
- The Best Way For Foreign Investors To Immigrate To The United States
- The Best Way For Foreign Investors To Immigrate To The United States
What is the best way for foreign investors to immigrate to the United States? That is the question a lot of investor immigrants ask. Among the best ways are the E-2 work visa and the EB5 green card route. Choosing between them depends on your needs. The following chart lays out some of the considerations:
Chart E-2 Work Visa Vs. EB5 Investment Green Card
Pace Law Firm
With an E-2 work visa application, an investor and his family can arrive in America within say, a few months. But there is no long term certainty in this scenario - E-2 applications are usually approved only for five years at a time, albeit they can be renewed in five year increments indefinitely. So the advantage is speed of entry but at a cost of relative long-term uncertainty.
On the other hand, the key advantage of the EB5 green card is relative long term certainty. The cost for most applicants is a two-year delay in entry due to processing time. That’s O.K. for some applicants because they do not want to move until they know for sure they have permanent residence status. In the case of Chinese and Indian applicants, however, delays are substantially longer which may make starting off with an EB5 application to come to the U.S. unattractive - more about that in a moment.
In my view, investor immigrants from countries that have an investment treaty with the USA (ie not China, India or most Arab countries in the Middle East, but many others) should seriously consider applying for the E-2 work visa to start. See the list of such countrieshere. For them, to draw an analogy, if you have a green light, take it. Why wait for all the lights down the road to be green before you start? The E-2 work visa opens up various long term possibilities, such as those here. One such possibility is to apply for both - the E-2 visa and the EB5 green card at the same time. The E-2 gets you in quickly and then you wait your turn for a green card, but inside the United States.
Chinese and Indian Investor Immigrants
As for Chinese and Indian investor immigrants, the E-2 work visa also makes sense except for one problem - their countries do not have investment treaties with the United States. In the absence of a special strategy, they have no alternative but to wait in the EB5 processing backlog for ten years or more. Or do they?
There is one other option - golden passports to another country that can be combined with an E-2 work visa. This option involves becoming a citizen of a third country so the investor and his family can enter into the United States immediately rather than wait some ten years or more.
Golden passports from countries with investment agreements with the United States
Golden Passports and E-2 U.S. Work Visas
Golden passports get you citizenship
for investing in a country’s national fund, or by purchasing real estate. They are called “golden passports” because of the express processing of applications, the access to entry to many other countries that the passports offer, the lax residency requirements to qualify and their relatively reasonable cost for high net worth individuals. What is even more valuable, is when the country offering such a golden passport has an investment treaty that enables it to offer E-2 work visa access to the United States. Among these countries are: Grenada and Turkey.
Again, the important point is how soon you can qualify to apply for an E-2 work visa from your adopted new homeland and then enter the USA. There are many countries that offer permanent residencequickly, but require extra time or effort to become a citizen. Among those are: Austria, Bulgaria, Cyprus, Malta, Portugal, Spain, France, the UK, Ireland, the Netherlands, Luxembourg, Latvia, Greece, and Hungary. These are notwhat Chinese and Indian investors need, if the target is U.S. immigration. Assuming the investor has, say as little as $ 1 million U.S., the Golden Passport/E-2 Work Visa/EB5 green card route can be viable and entry into the USA with family members in tow on E-2 visas can be achieved within about six months. Green cards can follow once they are approved.
Summary
To reiterate, the E-2 work visa works well for investor immigrants living in countries with investment treaties with the United States and who want to move to the U.S. quickly. The principal applicant and spouse can work and the children can go to school at discounted tuition rates. When the applicants are Chinese or Indians, they should consider the golden passport/E-2 visa route to achieve the same objective. For green cards, the EB5 immigrant visa route is excellent, although for Chinese and Indian applicants, there will be a substantial processing delays due to country backlogs. The delay can be tempered, however, by a quick U.S. entry with E-2 visa status.
Chart E-2 Work Visa Vs. EB5 Investment Green Card
Pace Law Firm
With an E-2 work visa application, an investor and his family can arrive in America within say, a few months. But there is no long term certainty in this scenario - E-2 applications are usually approved only for five years at a time, albeit they can be renewed in five year increments indefinitely. So the advantage is speed of entry but at a cost of relative long-term uncertainty.
On the other hand, the key advantage of the EB5 green card is relative long term certainty. The cost for most applicants is a two-year delay in entry due to processing time. That’s O.K. for some applicants because they do not want to move until they know for sure they have permanent residence status. In the case of Chinese and Indian applicants, however, delays are substantially longer which may make starting off with an EB5 application to come to the U.S. unattractive - more about that in a moment.
In my view, investor immigrants from countries that have an investment treaty with the USA (ie not China, India or most Arab countries in the Middle East, but many others) should seriously consider applying for the E-2 work visa to start. See the list of such countrieshere. For them, to draw an analogy, if you have a green light, take it. Why wait for all the lights down the road to be green before you start? The E-2 work visa opens up various long term possibilities, such as those here. One such possibility is to apply for both - the E-2 visa and the EB5 green card at the same time. The E-2 gets you in quickly and then you wait your turn for a green card, but inside the United States.
Chinese and Indian Investor Immigrants
As for Chinese and Indian investor immigrants, the E-2 work visa also makes sense except for one problem - their countries do not have investment treaties with the United States. In the absence of a special strategy, they have no alternative but to wait in the EB5 processing backlog for ten years or more. Or do they?
There is one other option - golden passports to another country that can be combined with an E-2 work visa. This option involves becoming a citizen of a third country so the investor and his family can enter into the United States immediately rather than wait some ten years or more.
Golden passports from countries with investment agreements with the United States
Golden Passports and E-2 U.S. Work Visas
Golden passports get you citizenship
for investing in a country’s national fund, or by purchasing real estate. They are called “golden passports” because of the express processing of applications, the access to entry to many other countries that the passports offer, the lax residency requirements to qualify and their relatively reasonable cost for high net worth individuals. What is even more valuable, is when the country offering such a golden passport has an investment treaty that enables it to offer E-2 work visa access to the United States. Among these countries are: Grenada and Turkey.
Again, the important point is how soon you can qualify to apply for an E-2 work visa from your adopted new homeland and then enter the USA. There are many countries that offer permanent residencequickly, but require extra time or effort to become a citizen. Among those are: Austria, Bulgaria, Cyprus, Malta, Portugal, Spain, France, the UK, Ireland, the Netherlands, Luxembourg, Latvia, Greece, and Hungary. These are notwhat Chinese and Indian investors need, if the target is U.S. immigration. Assuming the investor has, say as little as $ 1 million U.S., the Golden Passport/E-2 Work Visa/EB5 green card route can be viable and entry into the USA with family members in tow on E-2 visas can be achieved within about six months. Green cards can follow once they are approved.
Summary
To reiterate, the E-2 work visa works well for investor immigrants living in countries with investment treaties with the United States and who want to move to the U.S. quickly. The principal applicant and spouse can work and the children can go to school at discounted tuition rates. When the applicants are Chinese or Indians, they should consider the golden passport/E-2 visa route to achieve the same objective. For green cards, the EB5 immigrant visa route is excellent, although for Chinese and Indian applicants, there will be a substantial processing delays due to country backlogs. The delay can be tempered, however, by a quick U.S. entry with E-2 visa status.
E-2 visa From Wikipedia,
מאושר לאזרחי ישראל החל ממאי 2019
E-2 visaFrom Wikipedia, the free encyclopedia
Jump to navigationJump to search
The E-2 Investor Visaallows an individual to enter and work inside of the United Statesbased on an investmenthe or she will be controlling, while inside the United States. The E2 visais good for three months to five years (depending on the country of origin) and can be extended indefinitely.[1]The investment must be "substantial." Investor visas are available only to citizens of certain countries.[a][2]E-2 visas are also available to non-investor employees of the business, as long as the persons are of the same nationality as the investor and are destined for a role in the US business that is either executive/supervisory or requires specialized skills that are essential to the efficient operation of the US enterprise.[3]
For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCISwill use an "Inverted Sliding Scale" to determine whether the investment is substantial in proportion to the overall cost of the enterprise.
Upon conclusion of the business, investors must return to their countries of origin, or change their status. The United States Department of Statedoes not allow dual intentfor this type of visa, although it is possible for E-2 visa holders to adjust their status to immigrant status. The holder of an E-2 visa may leave the United States at any time.[citation needed]
ContentsDependentsBecause there is no dedicated dependent visa classfor E-2 visas, spouses and unmarried children (under 21) may receive derivative E-2 visas in order to accompany the principal immigrant. The duration of visa for a family member who is of a different nationality from the principal is determined by any reciprocal agreements between their country of nationality and the US. Only if there is no such reciprocal agreement will the duration be the same as the principal applicant. Dependents may seek employmentin the US by applying for employment authorizationusing Form I-765, Application for Employment Authorization. Children under 21 cannot apply for work; only the spouse of the E-2 holder can.[4]
Required documentation for the embassyEach visa applicant must pay a nonrefundable $205 nonimmigrant visa application processing fee[5]and a visa issuance reciprocity fee for certain countries.[6]
The required documents are:[7]
During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be taken before the interview. Some applicants will need additional screening, and will be notified when they apply. The E-2 visa application process vary from Consular Posts in one country to another country as there is often difference in policies and visa processing procedures.
מאושר לאזרחי ישראל החל ממאי 2019
E-2 visaFrom Wikipedia, the free encyclopedia
Jump to navigationJump to search
The E-2 Investor Visaallows an individual to enter and work inside of the United Statesbased on an investmenthe or she will be controlling, while inside the United States. The E2 visais good for three months to five years (depending on the country of origin) and can be extended indefinitely.[1]The investment must be "substantial." Investor visas are available only to citizens of certain countries.[a][2]E-2 visas are also available to non-investor employees of the business, as long as the persons are of the same nationality as the investor and are destined for a role in the US business that is either executive/supervisory or requires specialized skills that are essential to the efficient operation of the US enterprise.[3]
For new startups, the investment must be large enough to start and operate the business. The amount of investment varies on the type of business. The investment will not be considered substantial if it is not large enough to capitalize the venture. The USCISwill use an "Inverted Sliding Scale" to determine whether the investment is substantial in proportion to the overall cost of the enterprise.
Upon conclusion of the business, investors must return to their countries of origin, or change their status. The United States Department of Statedoes not allow dual intentfor this type of visa, although it is possible for E-2 visa holders to adjust their status to immigrant status. The holder of an E-2 visa may leave the United States at any time.[citation needed]
ContentsDependentsBecause there is no dedicated dependent visa classfor E-2 visas, spouses and unmarried children (under 21) may receive derivative E-2 visas in order to accompany the principal immigrant. The duration of visa for a family member who is of a different nationality from the principal is determined by any reciprocal agreements between their country of nationality and the US. Only if there is no such reciprocal agreement will the duration be the same as the principal applicant. Dependents may seek employmentin the US by applying for employment authorizationusing Form I-765, Application for Employment Authorization. Children under 21 cannot apply for work; only the spouse of the E-2 holder can.[4]
Required documentation for the embassyEach visa applicant must pay a nonrefundable $205 nonimmigrant visa application processing fee[5]and a visa issuance reciprocity fee for certain countries.[6]
The required documents are:[7]
- Online Nonimmigrant Visa Electronic Application, Form DS-160. The State Departmenthas a DS-160 webpage that details the DS-160 online process.[8]
- Nonimmigrant Treaty Trader/Treaty Investor Application DS-156E,[9]completed and signed, for executives/managers/essential employees.
- A passportvalid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person must complete a Form DS-160 application.
- One 2-by-2-inch (5-by-5-cm) photograph.
- As part of the visa application process, an interview at the embassy's consular section is required for almost all visa applicants.[10]
- A credible business plan showing that the US business will generate enough money to support the applicant during his/her stay in the US along with all his dependents. The business cannot be marginal.
- A business registration for the United States business.
- Proof of wire transfer.
- Proof of source of income.
- Proof of intent to return to your country (because this visa does not allow dual intent).
During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be taken before the interview. Some applicants will need additional screening, and will be notified when they apply. The E-2 visa application process vary from Consular Posts in one country to another country as there is often difference in policies and visa processing procedures.
The E-2 nonimmigrant classification allows a national of a treaty country (a country with which the United States maintains a treaty of commerce and navigation) to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification. (For dependent family members, see “Family of E-2 Treaty Investors and Employees” below.)
See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.
Who May File for Change of Status to E-2 ClassificationIf the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.
How to Obtain E-2 Classification if Outside the United StatesA request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States. Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.
General Qualifications of a Treaty InvestorTo qualify for E-2 classification, the treaty investor must:
A substantial amount of capital is:
Marginal EnterprisesThe investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins. See 8 CFR 214.2(e)(15).
General Qualifications of the Employee of a Treaty InvestorTo qualify for E-2 classification, the employee of a treaty investor must:
Duties which are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it. See 8 CFR 214.2(e)(17) for a more complete definition.
Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement. These include, but are not limited to:
Period of StayQualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.
Terms and Conditions of E-2 StatusA treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted. An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:
USCIS must approve any substantive change in the terms or conditions of E-2 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization. The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee. The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.
It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.
See 8 CFR 214.2(e)(8) for more information on terms and conditions of E-2 treaty investor status.
A strike or other labor dispute involving a work stoppage at the intended place of employment may affect a Canadian or Mexican treaty investor or employee’s ability to obtain E-2 status. See 8 CFR 214.2(e)(22) for details.
Family of E-2 Treaty Investors and EmployeesTreaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.
As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.
Last updated: 04/14/
See U.S. Department of State's Treaty Countries for a current list of countries with which the United States maintains a treaty of commerce and navigation.
Who May File for Change of Status to E-2 ClassificationIf the treaty investor is currently in the United States in a lawful nonimmigrant status, he or she may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 on the employee’s behalf.
How to Obtain E-2 Classification if Outside the United StatesA request for E-2 classification may not be made on Form I-129 if the person being filed for is physically outside the United States. Interested parties should refer to the U.S. Department of State website for further information about applying for an E-2 nonimmigrant visa abroad. Upon issuance of a visa, the person may then apply to a DHS immigration officer at a U.S. port of entry for admission as an E-2 nonimmigrant.
General Qualifications of a Treaty InvestorTo qualify for E-2 classification, the treaty investor must:
- Be a national of a country with which the United States maintains a treaty of commerce and navigation
- Have invested, or be actively in the process of investing, a substantial amount of capital in a bona fide enterprise in the United States
- Be seeking to enter the United States solely to develop and direct the investment enterprise. This is established by showing at least 50% ownership of the enterprise or possession of operational control through a managerial position or other corporate device.
A substantial amount of capital is:
- Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one
- Sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise
- Of a magnitude to support the likelihood that the treaty investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
Marginal EnterprisesThe investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the treaty investor and his or her family. Depending on the facts, a new enterprise might not be considered marginal even if it lacks the current capacity to generate such income. In such cases, however, the enterprise should have the capacity to generate such income within five years from the date that the treaty investor’s E-2 classification begins. See 8 CFR 214.2(e)(15).
General Qualifications of the Employee of a Treaty InvestorTo qualify for E-2 classification, the employee of a treaty investor must:
- Be the same nationality of the principal alien employer (who must have the nationality of the treaty country)
- Meet the definition of “employee” under relevant law
- Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.
Duties which are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the organization’s overall operation, or a major component of it. See 8 CFR 214.2(e)(17) for a more complete definition.
Special qualifications are skills which make the employee’s services essential to the efficient operation of the business. There are several qualities or circumstances which could, depending on the facts, meet this requirement. These include, but are not limited to:
- The degree of proven expertise in the employee’s area of operations
- Whether others possess the employee’s specific skills
- The salary that the special qualifications can command
- Whether the skills and qualifications are readily available in the United States.
Period of StayQualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.
Terms and Conditions of E-2 StatusA treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted. An E-2 employee, however, may also work for the treaty organization’s parent company or one of its subsidiaries as long as the:
- Relationship between the organizations is established
- Subsidiary employment requires executive, supervisory, or essential skills
- Terms and conditions of employment have not otherwise changed.
USCIS must approve any substantive change in the terms or conditions of E-2 status. A “substantive change” is defined as a fundamental change in the employer’s basic characteristics, such as, but not limited to, a merger, acquisition, or major event which affects the treaty investor or employee’s previously approved relationship with the organization. The treaty investor or enterprise must notify USCIS by filing a new Form I-129 with fee, and may simultaneously request an extension of stay for the treaty investor or affected employee. The Form I-129 must include evidence to show that the treaty investor or affected employee continues to qualify for E-2 classification.
It is not required to file a new Form I-129 to notify USCIS about non-substantive changes. A treaty investor or organization may seek advice from USCIS, however, to determine whether a change is considered substantive. To request advice, the treaty investor or organization must file Form I-129 with fee and a complete description of the change.
See 8 CFR 214.2(e)(8) for more information on terms and conditions of E-2 treaty investor status.
A strike or other labor dispute involving a work stoppage at the intended place of employment may affect a Canadian or Mexican treaty investor or employee’s ability to obtain E-2 status. See 8 CFR 214.2(e)(22) for details.
Family of E-2 Treaty Investors and EmployeesTreaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. These family members may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee. If the family members are already in the United States and are seeking change of status to or extension of stay in an E-2 dependent classification, they may apply by filing a single Form I-539 with fee. Spouses of E-2 workers may apply for work authorization by filing Form I-765 with fee. If approved, there is no specific restriction as to where the E-2 spouse may work.
As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.
Last updated: 04/14/