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Asım Kılınç, Immigration Attorney, CK Law Firm
Many foreign professionals with the goal of working in the US can achieve their work visa goal with the H1B visa. The H1B visa allows professionals who specialize in fields such as science, technology, engineering and mathematics to start work after being offered jobs by US employers. In this guide, I answer the following questions about the H1B visa:
- H-1B Visa Occupations: Which Sectors Can You Apply?
- H-1B Visa Application Requirements: Who is Eligible?
- Documents Required for H-1B Visa
- H-1B Visa Fee: Detailed Analysis
- What is the H-1B Visa Quota?
If you have any other questions about the H1B visa, please feel free to contact us in the comments section of this blog or on the CK Law Firm Immigration Lawyer Webpage. You can also contact me on LinkedIn for private inquiries and consultations.
H-1B Visa Occupations: Which Sectors Can You Apply From?
H-1B visa occupations require specialization, especially in fields such as computer science, engineering and health sciences. This visa is also suitable for people of different nationalities working in positions that require a high level of education and expertise. Some sample professions for which you can apply for an H-1B visa are as follows:
- Computer systems analysts
- Biotechnology experts
- Architect
- Engineer
- Financial and investment analysts
H-1B Visa Application Requirements: Who is Eligible?
To be eligible to apply for an H1-B visa, candidates generally need to have a bachelor’s degree in the relevant field or equivalent professional experience. Among the H1-B visa requirements, it is important for candidates to document that they have the necessary knowledge and skills for the job position they are applying for. People who have these competencies can apply for an H1-B temporary work visa.
What are the Documents Required for H-1B Visa?
We need to consider the documents required for the H-1B visa application in two separate categories. The documents that your employer, i.e. the sponsor, must provide and the documents that you, as the applicant, must provide are separate. First of all, the documents that the employer must provide are as follows:
- Approved and signed H visa request form
- A document containing the average salary of employees in similar positions in your region
- Document showing the salary paid by the employer to employees in similar positions
- Fee receipt paid to the US Department of Homeland Security (Paid by the employer)
- All offer letters explaining the terms and duration of employment
- If the employee will be working in more than one location, additional documentation listing the dates and address of the locations where the work will be performed
- Evidence that the employee has the degree required for the job, such as transcripts and diplomas.
- Translation of all documents not originally in English certified by a sworn translator
- Educational equivalency assessment for degrees from non-US universities
- Current CV
- Professional license (if required)
- Passport page with personal details and expiration date
- If the employee is in the US, the passport page showing the most recent visa stamp and documents showing the status of presence and entry and exit from the country
The documents that you, the people who will apply for the H-1B visa, should prepare are as follows:
- Passport
- Application fee receipt
- Photo
- Receipt number (can be found on form I-129)
H-1B Visa Fee: Detailed Cost Analysis
H-1B visa fees primarily include the H-1B registration fee. This registration fee is 215 dollars. The subsequent Form I-129 fee has two different pricing according to the size of the employer’s company. While this fee is 780 dollars for large companies, it is 460 dollars for small businesses.
Form I-129 is a form that employers in the United States submit to the Bureau of Citizenship and Immigration Services (USCIS) in the United States to apply for work authorization for non-immigrant workers. This form must be approved to apply for an American Temporary Work Visa.
In addition to these fees, there is also a Premium processing fee to ensure that your transaction is fast-tracked within 15 days. The fee for this process is 2,805 dollars. However, this does not speed up your consular visa process.
How to Get an H-1B Visa: Step-by-Step Application Guide
The answer to the question of how to get an H-1B visa may vary due to the fact that the process is completely personal. In this process, you must first find an employer who will offer you a job offer from your profession. Afterwards, your H-1B visa process starts with the employer registering online for you.
Once the registration is approved, your employer files a DOL (US Department of Labor) approved LCA (Labor Condition Application) and Form I-129 (Petition for Alien Worker) with USCIS (US Citizenship and Immigration Services). After all documents are submitted completely and accurately, USCIS evaluates the application and the H-1B visa allows you to start your US life.
What is an H-1B Visa Quota?
After finding answers to the questions of what is an H-1B visa, another most curious issue is the quota of the H-1B visa. As applications for H-1B visas have increased over time, a certain quota has been formed in this visa type and these applications have become received by lottery as many as the number determined in the quota. Previously, applications remained open for a long time to fill the quota, while today the quota is filled quickly.
This quota offers 85,000 positions. Of these, 65,000 are reserved for bachelor’s graduates or experienced people, while 20,000 are reserved for postgraduates or higher academic professionals.
If you would like support with your H1-B visa process, you can always contact us through the CK Law Firm Website or in the comments. You can also reach me on LinkedIn for private inquiries or consulting services.
Asım Kılınç, Immigration Attorney, CK Law Firm
The E-2 visa is an exceptional opportunity for entrepreneurs, investors, and business-minded individuals who wish to establish or expand their ventures in the United States. Designed for nationals of certain treaty countries, the E-2 visa allows foreign investors to reside and work in the U.S. based on a substantial investment in a U.S. business. This blog will provide a comprehensive overview of the E-2
investment amount, visa process, investment requirements, and frequently asked questions to help you make informed decisions. Here are the topics I will cover in our blog:
- What Is the Minimum Investment for an E-2 Visa?
- Examples of E-2 Visa Investments
- E-2 Visa Requirements
- E-2 Visa Duration and Processing Time
- Transitioning from E-2 Visa to Green Card
- Frequently Asked Questions
While answering these questions, I will also address the sub-headings that are curious. However, as in every visa application, you can contact us via the official website of CK Law Firm to get support from us in E2 visa application. You can also always reach me on my LinkedIn account.
What Is the Minimum Investment for an E-2 Visa?
One of the most common questions asked by potential applicants is, “How much investment is required for a US E2 visa?” Unlike some other visa categories, the E-2 visa does not specify a fixed minimum investment amount. Instead, the investment must be considered “substantial,” which means it should be proportional to the total cost of the business. In practice, successful applications often involve investments starting from $100,000, but this can vary depending on the nature and scale of the enterprise.
The term e-1 visa minimum investment often creates confusion, but it’s important to note that the E-1 and E-2 visas serve different purposes. While the E-1 visa focuses on trade, the E-2 visa revolves around investments. Ensure you’re meeting the criteria specific to the E-2 category to maximize your chances of approval.
Examples of E-2 Visa Investments
To better understand the possibilities, let’s explore some E-2 visa investment examples:
- Franchise Businesses: Investing in well-known franchises like restaurants or fitness centers is a popular choice due to established business models.
- Startups: Launching a tech company or innovative product-based business is ideal for entrepreneurs with unique ideas.
- Existing Businesses: Purchasing an existing E2 visa business for sale is often a straightforward option, as these businesses already meet operational and financial requirements.
Each type of investment has its own set of challenges and advantages. It’s crucial to work with an experienced attorney to ensure your business plan aligns with the visa requirements.
E-2 Visa Requirements
To qualify for an E-2 investor visa, applicants must meet specific criteria. Here are the key E-2 visa requirements:
- Treaty Country Eligibility: You must be a national of a country that has an E-2 treaty with the United States. To check your eligibility, review the official list of E-2 visa countries on the USCIS website.
- Substantial Investment: The investment must be significant enough to ensure the success of the business. It should also be at risk, meaning it cannot be speculative or idle funds.
- Active Participation: You must actively manage the business or hold a position that involves essential skills. Passive investments, such as purchasing real estate for rental purposes, do not qualify.
E-2 Visa Duration and Processing Time
The E-2 visa duration depends on your country of origin but typically ranges from two to five years. The visa can be renewed indefinitely, provided you continue to meet the requirements and the business remains operational.
When it comes to the E2 visa processing time, it varies based on your location and method of application. Premium processing is available, which expedites the decision-making process to just 15 days. Without premium processing, the timeline can range from several weeks to a few months.
Transitioning from E-2 Visa to Green Card
While the E-2 visa is a non-immigrant visa, many investors inquire about converting it to permanent residency. The pathway from E-2 visa to green card typically involves other immigration routes, such as family sponsorship, employment-based visas, or the EB-5 investor visa. Each option requires careful planning, so consult an attorney to explore your long-term immigration goals.
Frequently Asked Questions
- How much investment is needed for E2? The required E2 visa investment amount varies based on the business type but generally starts around $100,000. Substantiality is determined in relation to the business’s overall cost.
- Is there a limit on E2 visa? There is no numerical limit on the number of E2 visa investment amount issued annually. However, the business must meet specific criteria to qualify.
- Can I buy property in USA on E2 visa? Yes, you can purchase property on an E-2 visa, but passive investments like rental properties do not fulfill E-2 requirements. The property should be part of an active business enterprise.
If you would like more information about the E2 visa or would like to start the application process, you can contact us through the official website of CK Law Firm. You can also always reach me on my LinkedIn account.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
Navigating the U.S. immigration system can be complex, especially when trying to understand the various types of visas available. Whether you are planning to visit, work, study, or live permanently in the United States, knowing which visa you need is crucial. This guide will help you understand the different types of U.S. visas, their eligibility requirements, and the application processes.
Immigrant Visas
1. Family-Sponsored Visas
- Immediate Relative Immigrant Visas (IR): Available for spouses, unmarried children under 21, and parents of U.S. citizens.
- Family Preference Immigrant Visas (F): For more distant family relationships with a U.S. citizen or specific family relationships with a lawful permanent resident.
2. Employment-Based Visas
- EB-1: For individuals with extraordinary abilities, outstanding professors and researchers, and multinational executives.
- EB-2: For professionals with advanced degrees or exceptional abilities.
- EB-3: For skilled workers, professionals, and other workers.
- EB-4: For special immigrants, including religious workers and U.S. government employees.
- EB-5: For immigrant investors in new commercial enterprises.
3. Diversity Visa Lottery (DV)
- Annually provides up to 50,000 visas to individuals from countries with low rates of immigration to the U.S.
Non-Immigrant Visas
1. Visitor Visas
- B-1: For business visitors.
- B-2: For tourists, medical treatment, and visiting family or friends.
2. Work Visas
- H-1B: For specialty occupations requiring highly specialized knowledge.
- H-2A: For temporary agricultural workers.
- H-2B: For temporary non-agricultural workers.
- L-1: For intra-company transferees.
- O-1: For individuals with extraordinary ability or achievement.
- P-1: For internationally recognized athletes or entertainers.
3. Student Visas
- F-1: For academic students.
- M-1: For vocational or non-academic students.
- J-1: For exchange visitors participating in programs promoting cultural exchange.
4. Temporary Protected Status (TPS) and Other Humanitarian Visas
- TPS: For individuals from countries experiencing ongoing armed conflict, environmental disasters, or other extraordinary conditions.
- U Visa: For victims of certain crimes who assist law enforcement.
- T Visa: For victims of human trafficking.
Special Categories
1. Fiancé(e) Visas
- K-1: For fiancés of U.S. citizens.
- K-2/K-4: For children of K-1/K-3 visa holders.
2. Religious Worker Visas
- R-1: For temporary religious workers.
3. Cultural Exchange Visas
- Q-1: For participants in international cultural exchange programs.
Conclusion
Understanding the different types of U.S. visas and their requirements is essential for a smooth immigration process. Each visa category has specific criteria and application procedures. At CK Law Firm, we are dedicated to helping you navigate this complex system and achieve your immigration goals. Contact us today for personalized legal assistance and expert guidance.
By Ergul Celiksoy, Immigration Attorney at CK Law Firm
The E2 investor visa is a remarkable pathway for entrepreneurs looking to establish or acquire a business in the United States. This visa is available to citizens of treaty countries, and provides a unique opportunity to live and work in the U.S. while managing a business. One of the key questions potential applicants ask is, “How long does it take to get an E2 visa?” In this blog, we’ll explore the timeline, eligibility criteria, and essential details about the E2 visa process. Let’s talk about the questions I will address in this article:
- What Is an E2 Visa, and Who Can Apply?
- How to Apply for an E2 Visa
- How Long Does the E2 Visa Process Take?
- Can the E2 Visa Lead to a Green Card?
- A New Beginning in America
If you are planning to get a E2 investor visa but don’t know how to apply, you can contact us on our website or in the comments section of our blog. You can also send me a message on LinkedIn for private communication.
What Is an E2 Visa, and Who Can Apply?
The E2 visa is a non-immigrant visa that allows individuals to enter the U.S. to manage an active business in which they have made a substantial investment. According to USCIS guidelines, applicants must meet the following requirements:
- Be a Citizen of a Treaty Country: Applicants must hold citizenship in a country that has a trade and investment treaty with the United States. For a full list of eligible countries, you can visit the official USCIS website.
- Make a Substantial Investment: The investment must be significant enough to ensure the success and operation of the business. While no minimum amount is specified, it should be proportionate to the type and scale of the enterprise.
- Control and Operate the Business: Applicants must play an active role in managing the business. Passive investments, such as owning shares without involvement in daily operations, do not qualify.
- Contribute to the U.S. Economy: The business must generate jobs or economic benefits for U.S. residents, proving its sustainability and contribution.
According to USCIS, the above conditions must be met in full to apply for an E2 visa. When these conditions are met, the applicant has a very high chance of realizing his/her dreams by starting a business in America. Getting support from a professional immigration attorney is very important to ensure that the process goes more smoothly.
Detailed Eligibility Criteria as Defined by USCIS
The E2 visa eligibility criteria provided by USCIS emphasize several important details:
- Lawful Source of Funds: The investment capital must be acquired through legal means, and applicants must demonstrate clear documentation of the funds’ origins.
- Real and Active Business: The enterprise must be actively operating or close to commencing operations. Investments in speculative or idle enterprises do not meet the requirements.
- Risk of Investment: The applicant’s capital must be at risk in the business. This means the investment is irrevocable and subject to potential loss.
How to Apply for an E2 Visa
There are two main pathways for applying for an E2 visa:
- Through a U.S. Consulate or Embassy:
If you are outside the U.S., you can apply at the U.S. embassy or consulate in your country. Processing times vary but typically range from 2-3 months. - Through USCIS for a Change of Status:
For those already in the U.S. on a different visa, applying for a change of status through USCIS is an option. However, this process often takes longer, around 4-6 months, depending on case loads and the completeness of the application.
How Long Does the E2 Visa Process Take?
The timeline for an E2 visa varies depending on the method of application:
- Embassy or Consulate Applications: Average processing time is 2-3 months.
- Change of Status Applications: USCIS processing can take 4-6 months or longer, depending on the volume of applications.
To avoid delays, ensure that your application is complete, well-documented, and adheres to USCIS guidelines.
Can the E2 Visa Lead to a Green Card?
While the E2 visa does not directly lead to a Green Card, it can serve as a stepping stone for permanent residency through other pathways, such as the EB-5 investor visa. This option requires a more substantial investment but provides a direct route to permanent residency.
A New Beginning in America
The E2 investor visa is an opportunity to fulfill your dreams by starting a business in America. However, the process can be complicated. Details such as E2 visa requirements, application period and business plan should be carefully studied. With the support of a professional consultancy, you can complete this process more easily and quickly.
If you need more information about the E2 visa duration or application process, you can contact us through our CK Law Firm Official Website or you can get support from me on my LinkedIn account for detailed guidance. Starting a business in America with an E2 investor visa is no longer a dream!
By Asim Kilinc, Immigration Attorney at CK Law Firm
Seeking asylum or refugee status in the United States is a complex but critical process for individuals fleeing persecution and danger in their home countries. As an experienced immigration attorney, I’ve helped many clients navigate these challenging pathways to safety and freedom. This detailed guide will provide an overview of the asylum and refugee application processes, including eligibility criteria and the rights afforded to those granted protection.
What is Asylum and Refugee Status?
Asylum and refugee status are forms of protection granted to individuals who have been persecuted or fear persecution due to race, religion, nationality, membership in a particular social group, or political opinion.
- Asylum: Granted to individuals already in the U.S. or arriving at a U.S. port of entry.
- Refugee Status: Granted to individuals outside the U.S. who are referred to the U.S. Refugee Admissions Program (USRAP) by the United Nations High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated non-governmental organization.
Eligibility Criteria
1. Well-Founded Fear of Persecution
- You must demonstrate a credible fear of persecution in your home country based on race, religion, nationality, membership in a particular social group, or political opinion.
2. Presence in the U.S. (Asylum)
- You must be physically present in the U.S. or at a port of entry to apply for asylum.
3. Application Deadline (Asylum)
- You must apply for asylum within one year of your arrival in the U.S. unless you can show changed circumstances that affect your eligibility or extraordinary circumstances that prevented you from applying on time.
4. No Protection from Another Country
- You must not have been firmly resettled in another country before coming to the U.S.
Application Processes
Applying for Asylum
Step 1: File Form I-589
- Form I-589: Application for Asylum and for Withholding of Removal. No fee is required.
- Supporting Documents: Provide evidence to support your claim, including personal statements, affidavits, and documentation of persecution.
Step 2: Biometrics Appointment
- Biometrics: You will receive a notice to attend a biometrics appointment where your fingerprints and photograph will be taken.
Step 3: Asylum Interview
- Interview: You will be scheduled for an interview with a USCIS asylum officer. Be prepared to discuss your case in detail and provide any additional evidence.
Step 4: Decision
- Outcome: The asylum officer will make a decision on your case. If granted, you will receive asylum status. If not, your case may be referred to an immigration judge for further review.
Example: My client, Sara, fled her home country due to religious persecution. We carefully prepared her Form I-589, gathering detailed statements and evidence. During her asylum interview, she was able to clearly explain her fears and experiences, leading to a successful outcome.
Applying for Refugee Status
Step 1: Referral to USRAP
- Referral: You must be referred to the U.S. Refugee Admissions Program (USRAP) by the UNHCR, a U.S. embassy, or a designated NGO.
Step 2: Refugee Interview
- Interview: You will be interviewed by a USCIS officer to determine your eligibility for refugee status.
Step 3: Medical Examination
- Medical Check: Undergo a medical examination to ensure you meet health requirements.
Step 4: Approval and Resettlement
- Resettlement: If approved, you will be resettled in the U.S. with the help of resettlement agencies that assist with housing, employment, and other integration services.
Example: Ahmed, a political activist, was referred to USRAP by the UNHCR after fleeing persecution. His detailed interview with the USCIS officer and medical clearance led to his successful resettlement in the U.S., where he now lives safely.
Rights and Benefits of Asylum and Refugee Status
1. Protection from Return
- Asylees and refugees are protected from being returned to a country where they face persecution.
2. Work Authorization
- Employment Authorization Document (EAD): Asylees and refugees are eligible to apply for an EAD, allowing them to work in the U.S.
3. Access to Social Services
- Benefits: Asylees and refugees may be eligible for certain social services, including health care, housing assistance, and education programs.
4. Path to Permanent Residency and Citizenship
- Green Card: After one year, asylees and refugees can apply for a Green Card (permanent residency).
- Citizenship: After five years as a Green Card holder, they can apply for U.S. citizenship.
Example: Maria, granted asylum, received her EAD and accessed healthcare services through local programs. After a year, we helped her apply for her Green Card, and she is now on her way to becoming a U.S. citizen.
Challenges and Tips for Success
1. Gathering Evidence
- Tip: Collect as much documentation as possible to support your claim, including witness statements, news articles, and medical records.
2. Legal Assistance
- Tip: Seek the help of an experienced immigration attorney who can guide you through the process and represent you in interviews or hearings.
3. Consistency in Testimony
- Tip: Ensure that your statements and documentation are consistent and truthful. Inconsistencies can harm your credibility.
Example: Hassan, a client facing persecution, faced difficulties in gathering evidence. We worked together to obtain statements from family and community members, ultimately strengthening his case and leading to a successful asylum application.
Conclusion
Understanding and navigating the asylum and refugee application processes can be daunting, but with the right preparation and support, you can successfully achieve protection in the United States. At CK Law Firm, we are dedicated to helping you through every step of this journey. Contact us today for expert legal advice and personalized assistance.
Asım Kılınç, Immigration Attorney, CK Law Firm
Are you considering starting a business in the United States? The E2 visa provides an exceptional opportunity for entrepreneurs and investors from treaty countries to live and work in the U.S. In this comprehensive guide, we’ll address the most frequently asked questions about the E2 Investor Visa, including its E2 visa requirements, benefits, and challenges. Whether you’re looking to invest in an existing business or start a new one, this blog has you covered. In this article, the topics I will touch upon with the E2 investor visa conditions are as follows:
- What are the E2 Investor Visa Requirements?
- What is the Lowest Investment for an E2 Visa?
- E2 Visa to Green Card
- What is the Approval Rate for the E2 Visa?
While answering these questions, I will also address the sub-headings that are curious. However, as in every visa application, you can contact us via the official website of CK Law Firm to get support from us in E2 visa application. You can also always reach me on my LinkedIn account.
What are the E2 Investor Visa Requirements?
The USCIS outlines 9 criteria to qualify for the E2 visa. These criteria ensure that applicants contribute to the U.S. economy through substantial and active investments. Below is a detailed explanation of these criteria:
- Nationality: Applicants must be citizens of a country with which the U.S. maintains a treaty of commerce and navigation. The list of eligible countries can be found on the USCIS website.
- Substantial Investment: The investment amount must be significant in relation to the total cost of the business. While there is no fixed minimum, most applicants invest between $100,000 and $200,000.
- Investment at Risk: The funds must be committed and subject to partial or total loss if the business does not succeed. Passive investments, such as real estate purchases, do not qualify.
- Active Business Operations: The investment must be directed toward an active, for-profit enterprise. Passive income-generating investments, such as stock portfolios, are not eligible.
- Ownership and Control: The applicant must own at least 50% of the enterprise or possess operational control through a managerial position or other means.
- Marginality: The business cannot be marginal, meaning it must generate more than enough income to support the investor and their family or create significant economic impact through job creation.
- Intent to Depart: Applicants must demonstrate an intent to leave the U.S. when their E2 status ends. The visa does not lead to permanent residency automatically.
- Legal Source of Funds: The investment capital must be lawfully acquired and traceable. This ensures the legitimacy of the financial resources used.
- Job Creation: While not explicitly required, businesses that create jobs for U.S. workers are more likely to receive favorable consideration.
These criteria are crucial for ensuring that the E2 investor visa program supports the U.S. economy while providing opportunities for qualified investors.
Who Qualifies for an E2 Visa?
To qualify for the E2 visa, applicants must meet these criteria:
- Be a national of a treaty country.
- Have committed or be in the process of committing the required investment.
- Demonstrate that the business is not marginal and will generate enough income to support the investor and their family.
What are the Disadvantages of an E2 Visa?
Despite its many advantages, the E2 visa has some limitations:
- Non-Immigrant Status: It doesn’t directly lead to a Green Card.
- Renewal Dependence: The visa must be renewed periodically, and approval is contingent on the business remaining active.
- Limited Nationality Eligibility: Only nationals of treaty countries can apply.
- Restricted Pathways: Transitioning from an E2 visa to a Green Card often requires additional investment or employer sponsorship.
E2 Visa to Green Card
While the E2 visa doesn’t offer a direct path to permanent residency, it can be a stepping stone. Popular routes include:
- EB-5 Investor Visa: Transition by increasing your investment to meet EB-5 requirements.
- Employment-Based Green Cards: Seek sponsorship through employment or business growth.
What is the Lowest Investment for an E2 Visa?
While the E2 visa doesn’t have a fixed minimum investment amount, successful applications typically involve at least $100,000. However, smaller investments may be acceptable if they are substantial enough to cover the costs of the business and ensure its success.
- E2 Visa Businesses for Sale: Buying an established business is a popular option for investors, as it often simplifies the application process and ensures immediate economic impact.
What is the Approval Rate for the E2 Visa?
The E2 visa approval rate is relatively high, often exceeding 85% globally. Approval depends on the completeness of your application, the viability of your business plan, and compliance with all USCIS requirements.
Related Visas: Comparing E1, E2, and M1 Visas
- E1 Visa: Focused on trade between treaty countries and the U.S.
- E2 Manager Visa: For managerial employees of businesses owned by E2 investors.
- M1 Visa Requirements: Designed for vocational or non-academic students, not related to investment.
Yes, we have come to the end of a curious topic. I should mention again that getting support in visa applications is important for the smooth and fast progress of the process. At this point, you can always contact us through our website or through my LinkedIn account to get support from me. You can also always ask us any questions you may have by adding your questions in the comments section of this blog.
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