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Receipt Notice(s) I-797

November 14, 2017 by Thomas Geygan

The Receipt Notice is the first document you receive after you apply or petition U.S. Citizenship and Immigration Services (“USCIS”). Receipt Notices contain information that will help you track the progress of your case. Whenever you hire an attorney to help you with your immigration applications, always bring all USCIS notices with you so he or she can help you better. Receipt Notices are printed on Form I-797, Notice of Action. USCIS prints processing notices on these Notices of Action. These notices include receipt notices, transfer notices, and approval notices. Each looks slightly different.

Notice Type: This tells you what kind of notice this is-receipt notice, transfer notice, approval notice, etc.

Case Type: This states what form this is notice is for. The sample notice is from an I-130, Petition for Alien Relative. This is a “family-based immigrant visa petition” that a U.S. citizen or legal permanent relative would file asking USCIS to allow his or her family member (here child) to come to the United States permanently.

Receipt Number: The receipt number is very important. With that number you or your attorney can check the status of your case on the USCIS website or by calling the National Customer Service Center at 1-800-375-5283. Receipt numbers start with a three-letter code followed by numbers.

The first three letters refer to the USCIS service center processing your application:

  • EAC – Vermont Service Center (formerly the Eastern Action Center);
  • WAC – California Service Center (formerly the Western Action Center);
  • LIN – Nebraska Service Center (refers to the center’s location in Lincoln, Nebraska);
  • SRC – Texas Service Center (formerly the Southern Regional Center); and
  • MSC – National Benefit Center (formerly the Missouri Service Center).
  • YSC – Potomac Service Center

The two numbers that follow the three-letter code refer to the fiscal year the application was received. The next three numbers refer to the computer day it was received. The remaining five numbers are randomly generated for your unique application.

Example: MSC-17-026-12345 – This application was filed in 2013 with the National Benefit Center on the 26th computer day.

You can check on what receipt date the service center is working on for your type of case by clicking here.  You must know the application form number and the service center.

Priority Date: This is a very important date for many applications. If you are a U.S. citizen filing for a spouse, parent, or minor child (under 21), then this date rarely matters for you (only if your child is about to turn 21 would this be important). If you are one of the following, then this date is very important:

  • U.S. citizen filing for a child over 21;
  • U.S. citizen filing or a sibling;
  • Permanent Resident filing for a child or spouse.

The Priority Date refers to your loved one’s spot “in the line.” There are a limited number of visas available each year for each “category” of immigrant. Every month the U.S. government issues a bulletin stating where in the “line” it is processing. To read this, find the preference category on the front of the notice (this will be listed under “Preference Classification” next to the priority date. Then look for your country on the chart to see what the “current” date is that they are issuing visas for. When the date on the chart is later than your Priority Date, you can then apply for the visa so your loved one can come here.

Filed Under: AOS Employment, AOS Family, AOS Marriage, E-2, H-1B, I-751, K-1, N-400

New Zealand to Lobby for US E-2 and E-1 visa access and hires former Trump campaign director for help

April 4, 2017 by Thomas Geygan

New Zealand’s embassy in Washington D.C. has recruited Stuart Jolly – a former campaign field director for US president Donald Trump – to aid the country’s push for access to US E-1 Treaty Trader and E-2 Treaty Investor visas. Access to the E-1 and E-2 immigration programs has been a top priority for New Zealand for some time. Because of the great difficulty in obtaining many US work visas such as the H1B specialty worker visa and L-1 intra-company transfer visas access to the E-2 and E-1 visa schemes will be of great help to New Zealand investors and their New Zealand employees wishing to live and work in the US.

About E-1 & E-2 Visas

The E-1 treaty trader visa is provided to businesses and individuals engaged in substantial international trade between the US and a treaty investor country. The volume of trade must provide employment for several people in the United States and must constitute the majority of the trader’s international trade.

Those eligible for an E-2 treaty investor visa are those who have made a significant investment in a US business in which the investor has at least a 50% ownership. The investment must provide employment for several people in the United States, and must be in an active US business.

E-2 and E-1 Visa Lobbyist Jolly’s former Donald Trump association

According to documents filed with a US government database recently, Mr Jolly – now of the Sonoran Policy Group – was hired to persuade the US administration to give New Zealand access to E-1 and E-2 business and investor visas.

Mr Jolly served as Trump’s national campaign field director during the Republican primaries and joined the super PAC Great America – a pro-Donald Trump committee that raised unlimited sums of money to support his campaign – which backed the newly installed President as its national advisor back in May 2016.
In a letter written by the Sonoran Policy Group’s CEO Christian Bourge on January 11, addressed to New Zealand’s deputy ambassador, he said: “We are excited to help facilitate interactions with the US Congress and incoming administration in order to ensure increased investment and trade between our two nations.”

E-1 and E-2 US Visa programs a top priority for New Zealand

According to a report written by Charlotte Greenfield for Reuters and published in the Daily Mail, the ‘E-1 and E-2 immigration programs have long been a priority for New Zealand as they would allow companies operating in the United States access to streamlined visas for their staff in line with neighboring Australia and around 50 other countries.’
Catherine Beard, executive director of industry group Export NZ, said: “It’s been the number one focus of the embassy over there. Access to the visa program was generally granted after reaching a free trade agreement.”

“We’ve been trying for years to negotiate a free trade agreement with the US and we’ve never been high enough on their radar,” Beard added.

According to the documents filed with the US government database, the New Zealand embassy’s contract with the Sonoran Policy Group is active for two months. It began on January 9 and will cost the embassy approximately $50,000.

President Trump recently withdrew the United States from a 12-nation trade pact – the Trans Pacific Partnership. New Zealand expressed its disappointment at Trump’s decision, but is now seeking to reach a mutual trade agreement.

Filed Under: E-2

Another good year for E-2 Treaty Investor Visas

January 4, 2017 by Thomas Geygan

yesinmoneyI am very happy to announce all E-2 treaty investor visas that we filed last year have been approved.  Each investment was in a small business in the hospitality, retail or sporting industry.  We are very happy for our clients.  All cases were approved within 15 business days of filing and USCIS did not issue any request for additional evidence.

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. 

 

To qualify for the E-2 Treaty Investor Visa:

  • You must be from a country with a treaty of Freedom, Commerce, and Navigation (FCN) with the United States.
  • You must make an investment in a U.S. business with the goal of turning a profit.
  • Your investment must be a risk, meaning it could be lost.
  • You must control your investment.
  • The funds you invest must not be able to pull the funds out of the U.S.
  • Your investment must be in a real business, not merely stock investments or an investment in undeveloped land.
  • Your investment must not be marginal, meaning it must generate more profits than is needed just to support you and your family.
  • Your investment must either provide jobs or otherwise create a positive significant impact on the local economy.
  • You must own at least 50% of the business and can develop, control, and direct the business.
  • You must intend to depart from the United States when your E-2 Non-Immigrant Treaty Investor Visa status is terminated.This doesn’t mean you have to leave the U.S. if your visa remains in effect; it just means you have to commit to leaving if your visa is terminated. E-2 Non-Immigrant Treaty Investor Visa holders might stay in the U.S. forever.

Filed Under: E-2

A Quote from USCIS Field Manual on E-2 Visa

October 6, 2016 by Thomas Geygan

It is often a very good idea to understand how the other side views a case.  In E-2 visa applications it is critical.  Below is an excerpt of USCIS’s Adjudicators Field Manual as it relates to E-2 Treaty Investor Visa.  This section is all there is from the field manual, but not all there is to the tools and policies available to the adjudicator.  This is a good starting point in the evaluation, prior to filing if an E-2 visa application will be successful or not.  If you would like some more detailed information please click here and I will give you our E-2 Treaty Trader Overview as well as some additional tools to help you apply for the E-2 visa.

34.3    Treaty Investors.

(a) Eligibility Requirements.

(1) The Business. The E-2 enterprise (company, corporation, etc.) must involve the investment of a substantial amount of capital, rather than a marginal investment solely for the purpose of earning a living for the investor.

(2) The Alien. An E-2 alien may be the actual owner of a qualifying enterprise or an employee of such enterprise working in an executive or supervisory capacity or in a capacity which requires special qualifications essential to the operation of the enterprise. Such employees must have the same nationality as the principal employer. An E-2 alien may perform services for the parent treaty organization or any of its subsidiaries

(3) Nationality. The E-2 principal must be either a person in the U.S. having the nationality of the treaty country (or, if not in the U.S., otherwise entitled to treaty investor status), or be a qualifying employee of an enterprise at least 50% owned by persons of such nationality. The list of treaty countries is contained in the Department of State’s Foreign Affairs Manual, chapter 41.51, Exhibit 1. Note that the list for treaty investors is different than the list for treaty traders.

Note 1: The nationality of dependents is irrelevant to their classification.

Note 2: The spouse of an E nonimmigrant is may apply for work authorization.

(b) Application Process.

Because a treaty investor does not require a separate petition, E-2 status may be obtained either directly through the Department of State (by applying for an E-2 visa), or in the case of an alien already in the U.S., by applying to the appropriate service center for a change of status on Form I‑129, including the E supplement. Supporting documents to be submitted with an E-2 application include documents to establish the nature of the employment and the ownership of the enterprise, as described in paragraph (a), above.

(c) Approval.

If, from the evidence submitted, the application appears approvable endorse the approval block and issue Form I‑797 (through CLAIMS) showing the period of validity and the alien beneficiary’s name and classification.

(d) Denial.

If the evidence does not clearly establish the beneficiary’s eligibility for E-2 status and a request for additional evidence does not appear warranted, prepare a denial notice setting forth the specific reasons why the application cannot be approved. There is no appeal from a denial of E-2 classification. However, if the facts of the case are novel, complex or potentially of value as a precedent, the decision of the director may be certified to the Administrative Appeals Office pursuant to 8 CFR 103.4.

(e) Advisory Letters.

An E-2 may seek advice from USCIS concerning any change in employment (e.g., capacity of employment, company restructuring, etc.) which might affect his or her status. The adjudicator reviewing the advisory request must either recommend the filing of another application, or prepare a new I‑797 reflecting the non-substantive changes.

(f) Technical Issues.

(1) Ownership of an E-2 Company. An alien employed by a foreign person may not be classified as an E-2 nonimmigrant unless the foreign employer is also classified as an E-2 nonimmigrant, or if abroad, the employer must be eligible for admission to the U.S. as an E-2 nonimmigrant. If the employer is a corporation or other business organization, the majority ownership (at least 50 percent) of the business must be by aliens who are of the same nationality as the employee and who, if not residing abroad, are maintaining status under section 101(a)(15)(E) of the Act. An alien who is a lawful permanent resident of the U.S. does not qualify to bring employees into the U.S. under section 101(a)(15)(E). Shares of a business owned by lawful permanent resident aliens cannot be considered in making determinations of majority ownership by nationals of the treaty country.

(g) Precedent Decisions Involving Treaty Investors.

•          Matter of Kobayashi and Doi, 10 I&N Dec. 425 (District Director 1963; Regional Commissioner 1963; Deputy Associate Commissioner 1963). Managerial employees charged with the training or instruction and supervision of entertainers and waiters in a theater restaurant are not employed in the “responsible capacity” as required by 22 CFR 41. They are not properly classifiable as nonimmigrant employees of a treaty investor.

•          Matter of Udagawa, 14 I&N Dec. 578 (BIA 1974). Applicant for admission who will supervise and train American workers as tempura cooks at a Japanese restaurant and assist in the preparation of meals during the training period is inadmissible as an employee of a treaty investor because he will not be employed in a “responsible capacity” with the meaning of 22 CFR 41.51.

•          Matter of Laigo, 15 I&N Dec. 65 (BIA 1974). A treaty investor is precluded from engaging in unauthorized employment by the provisions of both 8 CFR 214.1(e) and 8 CFR 214.2(e). Unauthorized employment constitutes a failure to maintain status.

•          Matter of Lee, 15 I&N Dec. 187 (Regional Commissioner 1975). E-2 status denied where the total value of the enterprise was $64,000 and the applicant has invested only $10,000, but alleges that at some unspecified future time he will increase his investment to more than 51% of the enterprise. The applicant has failed to establish that his investment does not represent a “small amount of capital in a marginal enterprise solely for the purpose of earning a living” contrary to the provisions of 22 CFR 41.51.

•          Matter of Chung, 15 I&N Dec. 681 (Regional Commissioner 1976). An application filed under section 248 of the Act for change of nonimmigrant classification from visitor to treaty investor is denied where the applicant’s only showing was that he intended to invest $10,400 on deposit in a savings account in a shoe manufacturing business. The mere intent to invest does not meet the requirements of the Act.

•          Matter of Nago, 16 I&N Dec. 446 (BIA 1978). Where the applicant for admission is a highly trained chef who is engaged in a specialized form of Japanese cooking (Nabemono) and has been brought to the U.S. to impart his knowledge, the BIA concluded that the applicant is employed by a treaty investor in a responsible capacity and therefore qualifies as an E-2 nonimmigrant.

•          Matter of Khan, 16 I&N Dec. 138 (BIA 1977). The respondent had at best a subjective intention to invest in the future. Although he may have invested funds in the past, that does not establish that he will invest funds in the future. More is required for such a showing.

•          Matter of Csonka, 17 I&N Dec. 254 (Regional Commissioner 1978). The alien who had not invested his own funds did not qualify as a treaty investor. He had acquired loans which had been guaranteed by another party.

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Filed Under: E-2, Investor Visas, Treaty Investors

Accounting Statements for Investor Based Immigration

October 4, 2016 by Thomas Geygan

Introduction

U.S. Citizenship and Immigration Services (USCIS) regulations concerning investor based immigration petitions require a review of financial information from sources that may include income tax returns, audited financial statements, and other financial data evidencing the investor-petitioner’s initial and ongoing capital investment. The accurate presentation of financial documentation concerning the valuation of assets contributed to a business, and the financial status of a business, is critical to eligibility. At the end of the two-year conditional permanent residence period in EB-5 cases and ongoing reporting for renewals of E-2 cases, the investor must demonstrate that the investment and the enterprise have been sustained. An understanding of financial documentation, therefore, is essential to preparing petitions that will qualify the investor for immigration benefits.
It is important that your immigration lawyer be familiar with the details of accounting systems, financial and tax reporting. It is critical to understand there are many legitimate combinations of systems and methods of accounting used in business. This knowledge alone can be very valuable in identifying potential ways to helping you the client address the evidentiary requirements of immigration petitions. This article will discuss the three financial statements.

Different Financial Statements

Financial statements are an important tool for the investor to manage and control the investment. All investors no matter how small should have financial statements for both their use and as evidence for their future petitions. If the financial statements have been compiled, reviewed, or audited by a CPA, the financial statements should be accompanied by an accountant’s report that describes the CPA’s level of service and indicates whether the financial statements contain departures from GAAP. There are three general types of engagements.

Compiled Statements

Compilation engagements are engagements in which a CPA receives information supplied by the client and arranges it into proper financial statement form under GAAP, without attempting to express any assurance on those statements. The CPA is concerned that the assembly of information is arithmetically correct; however, the CPA does not verify the accuracy or completeness of the information provided. In a compilation engagement, the CPA does not have to make inquiries of management or perform other procedures to verify, corroborate, or review information supplied by the client. Compiled financial statements are common for most small companies or companies that do not have reporting requirements to a bank or other creditors.

Reviewed Statements

In a review engagement, the CPA goes beyond putting client information together. The CPA also makes certain inquiries of management and performs analytical procedures. However, in a review, the CPA does not have to understand the company’s internal control, test the accounting records, observe inventory, confirm receivables, or obtain other corroborating evidence, as required in an audit. Review engagements differ from audits because the scope of review is less than that of an audit and, therefore, the level of assurance provided is lower. A review consists primarily of enquiry, analytical procedures, and discussion related to information supplied to the public accountant by the enterprise with the limited objective of assessing whether information being reported on is plausible within the framework of criteria.

Audited Statements

In an audit engagement, the CPA goes beyond a review, and on a test basis, examines evidence supporting the amounts and disclosures in a company’s financial statements. The objective of an independent, external audit under accepted auditing standards (GAAS) is to express an opinion on whether an entity’s financial statements present fairly, materially, its financial position, results of operations, and cash flows in conformity with GAAP. This is the highest form of assurance. The auditor performs the audit with an attitude of professional skepticism and seeks reasonable assurance whether the financial statements are free of material misstatement. Materiality and audit risk affect the application of GAAS, especially the fieldwork and reporting standards, and are reflected in the auditor’s standard report. The auditor must make judgments about materiality and audit risk in determining the nature, timing, and extent of procedures to apply, and in evaluating the results.

The subsequent petitions for the immigrant investor require accurate and informative financial reports. These reports with other documentary evidence must be submitted to USCIS to meet the high evidentiary standards.

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Filed Under: E-2, Investor Visas, Treaty Investors

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