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How can E-2 Visa help Pakistani citizens live and work legally in the US?

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downtown business district investors

Although immigration law can be very confusing, to those who are in the know, there are plenty of opportunities for citizens of other countries to legally live and work in the United States for extended periods of time. One such opportunity is with the E-2 Treaty Investor Visa. This visa, also known as the Treaty, Trader, or Investor Visa, provides the opportunity for a foreign business owner or entrepreneur to live and work in the United States for the purpose of developing a business. Pakistan is one of the treaty countries and currently E-2 is one of the best options available for Pakistani citizens looking to live and work in the US.

Over the years of my law practice, I have received numerous calls from Pakistani citizens inquiring about various immigration options. One of the most viable options, and also most overlooked options, for those looking to live and work in the US from Pakistan, or any other treaty country, is the investment option (E2). I believe the reason it is often overlooked is that it gets confused with the EB5 program, which is a high-investment program. Many individuals who could not satisfy the requirements of the EB5 program are shocked to discover that the E2 investment requirements are much more attainable. The typical recommendation for a “substantial investment” with the E2 program is around $100,000.

Obviously, this is not just an open invitation for anyone to throw together some half-baked idea about “starting a business” in America and expect to be granted permission to live and work in the United States. There are some very specific requirements involved in obtaining E-2 Visa status from the United States. The most important requirement for obtaining the E-2 Visa is that the applicant must be from a treaty country with the United States. Once this requirement has been satisfied, the applicant must also demonstrate the intention and capability of making a substantial investment ($100,000 recommended) in the intended business enterprise in the United States. This means that you must have the willingness and financial means to risk a substantial amount of money in the attempted creation/growth of this business endeavor. There are some restrictions on the type of business you can develop and talking to an immigration attorney would be the best course of action.

Although there can be some variation in the approval duration, when an E-2 Visa is approved by the United States, it is generally approved for a period of two years. This timeframe can vary depending on the business venture proposed and specifics related to the treaty. However, the good news is that the E-2 Visa can be extended indefinitely, typically in two-year increments.

Another benefit to the E-2 Visa is that immediate family members are able to obtain Visa status and accompany the E-2 Visa holder to live in the United States. The timeframes for the family visas will vary as well, but they are typically tied to the duration and extensions granted to the E-2 Visa holder. The spouse of the E-2 Visa holder is also permitted to obtain a work permit while living in the United States.

As with any Visa, there are numerous, specific requirements that must be met in order to qualify for this Visa. It is recommended that you consult with an experienced Immigration Attorney to avail yourself of the best chance of succeeding when trying to obtain the E-2 Visa.

You can read more information about the E-2 Visa program here: https://abeeraminlaw.com/practice-areas/business-visas/e-2-visa/

The author of this Article is an immigration attorney who practices US immigration law with offices in both New York and New Jersey. You can reach her at immigration@abeeraminlaw.com or (877) 960-0424.

H-1B Visa Changes for 2021

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Changes to the New FY 2021 H-1B Cap-Subject Petitions

By Abeer Amin, Esq.

Ready or not here it comes! Yes, we are referring to the new and somewhat daunting Electronic H-1B Registration process that USCIS has confirmed will be implemented for fiscal year 2021 H-1B cap-subject petitions. In this blog, we will focus on the changes to the H-1B process to make it less daunting and much more manageable. Before we proceed, it is important to note that the overall H-1B process has not changed. Even though an additional step has been added, the adjudication of the I-129 Petition will remain the same. From what has been disclosed thus far (Federal Register notice, United States Citizenship and Immigration Services (“USCIS”) announcements, etc.), the following is what we know about the new Electronic H-1B Registration process:

New H-1B Registration Process

Before a Petitioner, be it a company or any other business entity, decides to file a fiscal year 2021 H-1B cap, Form I-129, Petition for a Nonimmigrant Worker, on behalf of a proposed Beneficiary (foreign national), it must go through a registration process that requires it to first register electronically with the USCIS and pay a $

10.00 registration fee for each proposed beneficiary. An attorney, as an authorized representative, is also able to complete the electronic registration process on behalf of the petitioner. A key takeaway from the USCIS announcements is that the Petitioner or its authorized representative must file a separate registration for each proposed beneficiary for whom they wish to file an H-1B cap-subject petition. Absolutely no duplicate registrations will be allowed, to the extent that if duplicate registrations are detected, the Petitioner will be barred from filing future H-1B petitions!  This H-1B policy is similar to what we have observed in the past, where Petitioners were not allowed to physically file two H-1B petitions for the same person. As such, it is no surprise to us that the USCIS is applying the same standard to the electronic registrations.

After registration has been completed by the Petitioner or its authorized legal representative and the registration period closes, USCIS will randomly select the number of registrations projected as needed for the 2021 H-1B period. By March 31, 2020, USCIS will notify the selected Petitioners that their registrations have been selected, enabling them to file the actual Form I-129, Petition for a Nonimmigrant Worker, with the USCIS. Registrations that were not selected will be removed from the registration system at the end of the fiscal year. The Petitioner/ authorized legal representative will be given a specific time period by which to file their petitions on what is said to be an “eligibility notice.”  

H-1B 2020 Registrations

In terms of the timeframe, as per the USCIS’ most recent announcement on January 1, 2020, the Petitioner/authorized representative will be able to register from March 1, 2020 to March 20, 2020.  This might be revised later if deemed necessary by USCIS for various reasons, including USCIS not receiving an adequate number of electronic registrations as anticipated earlier to reach the FY 2021 H-1B numerical allocations after the initial registration period closes. 

H-1B Processing

Department of Homeland Security (DHS) will use pay.gov for processing the registration payment. As far as we know, the Petitioner/legal representative would not need to create a pay.gov account to pay the fee. They will however need to enter checking/savings account information to conduct an Automated Clearing House (ACH) transaction or utilize credit/debit card information for the payment portal. Attorneys, who have a G-28 on file, will be able to pay on pay.gov. 

From what we have gathered from the government agency rules articulated in the Federal Register and numerous USCIS announcements, the electronic registration is not meant be a roadblock to the H-1B Cap 2021 season, but intended to streamline a previously cumbersome H-1B Cap process. Although we are hesitant to go that far, “Jusqui’ici tout va bien” (a French saying translated as “so far, so good,”) seems to be appropriate for the new electronic H-1B registration process. 

USCIS has announced that it is planning to conduct a stakeholder outreach webinar and training program that will provide better insight as to how to use the pay.gov portal as well as give instructions for completing and submitting registration and fees. We anxiously await further guidance from USCIS while still welcoming the new “H-1B Cap 2021 Season” with open arms. We will definitely keep you all posted with much anticipation and excitement!

Abeer Amin, Esq. specializes in immigration law and is the principal attorney at the Law Offices of Abeer Amin, based in New York City. She can be reached at: abeer.amin@abeeraminlaw.com or 1-877-960-0424.