Hirson Immigration helps guide clients through L-1A Visa Approvals

David Hirson & Partners Hướng Dẫn Khách Hàng Nhận Chấp Thuận Thị Thực L-1A

Tuần đầu tiên của tháng Tư, David Hirson & Partners, LLP (sau đây gọi là “DHP”) nhận được 2 chấp thuận cho thị thực L-1A từ 2 công ty nhượng quyền của Mỹ. Cả 2 công ty này đều yêu cầu nhân viên nước ngoài đến và quản lý hoạt động công ty tại Mỹ.

Đương đơn của 1 hồ sơ L-1A đã phỏng vấn thành công; và đương đơn của hồ sơ còn lại sẽ trải qua cuộc phỏng vấn trong vòng vài tuần tới.

Là cố vấn kinh doanh và di trú, chúng tôi hỗ trợ các công ty thương hiệu nhượng quyền của Mỹ trong việc cấu trúc các hoạt động nhượng quyền thương mại để phù hợp với yêu cầu khắt khe của thị thực L-1A và vẫn tuân thủ các điều luật nhượng quyền thương mại. Đồng thời, chúng tôi làm việc với công dân nước ngoài tại đất nước của họ để đảm bảo rằng họ đủ điều kiện xin thị thực L-1A; và quan trọng hơn là có một doanh nghiệp/ hoạt động/ cơ cấu nước ngoài khả thi để hỗ trợ chuyển giao nhân viên nội bộ với tư cách là nhà điều hành.

Thị thực L-1A là một thị thực với “mục đích kép”. Nghĩa là đương đơn ở vị trí quản lý/ điều hành có thể tạm thời làm việc tại Mỹ và có thể định cư Mỹ trong giai đoạn sau, ngay cả khi đang có đơn xin di dân đang chờ xử lý hoặc đã được phê duyệt. Với tỷ lệ thành công hiện tại, chúng tôi kỳ vọng đương đơn L-1A và thành viên phụ thuộc sẽ đủ điều kiện để xin thị thực nhập cư trong vòng 2 năm kể từ khi vào Mỹ.

DHP có làm việc với nhiều công ty nước ngoài lớn (một số công ty được niêm yết trên sàn giao dịch chứng khoán) đang tìm cách chuyển các nhà quản lý/ điều hành để vận hành hoạt động doanh nghiệp tại Mỹ. Những nhân sự được điều chuyển này đến Mỹ để quản lý: một doanh nghiệp nước ngoài đã hoạt động tại Mỹ, một doanh nghiệp vừa được mua tại mỹ (bao gồm nhiều nhượng quyền khác nhau) hoặc một công ty khởi nghiệp hoàn toàn mới tại Mỹ.

David Hirson & Partners, LLP chuyên về luật di trú doanh nghiệp. Rất nhiều công dân Việt Nam đang tìm cách hợp tác với các doanh nghiệp nhượng quyền thương mại tại Mỹ để kết hợp kế hoạch kinh doanh và nhập cư của họ. Hãy để chúng tôi giúp bạn và doanh nghiệp của bạn giải quyết các nhu cầu nhập cư việc làm. Liên lạc với chúng tôi trực tuyến trong hôm nay hoặc gọi chúng tôi theo số +1-949-383-5358.

3 Groups Facing Extreme USCIS Processing Delays [infographic]

The purpose of the U.S. Citizenship and Immigration Services (USCIS) is to review immigration applications and administer immigration benefits – yet millions of families, businesses, and vulnerable parties are on standby for months while new immigration policies restrict legal immigration. Unfortunately, this wait time seems to only be growing longer. Scroll down to see the scope of this problem.

three-groups-facing-extreme-uscis-delays-infographic

DHP Partner, Phuong Le, Speaks at IIUSA Conference in Washington, DC

 Attorney Phyong Le speaks at IIUSA Conference in Washington DC

 

 

 

 

 

 

 

 

 

 

 

 

Attorney Phuong Le (left) – Partner at David Hirson & Partners, LLP  speaking at the IIUSA DC Conference May 7, 2019

Photo Credit: IIUSA

Earlier this month, Attorney Phuong Le, Partner at David Hirson & Partners, LLP (“DHP”) spoke at Invest in the USA’s (“IIUSA”) conference in Washington, DC (May 5-7, 2019). He spoke on the panel titled: How to Market to and Find Investors Already in the U.S.: E-2 and EB-5 and Other Visa Backlog Solutions. Alongside his other panel members, Phuong spoke about the E-2 Treaty Investor Visa and other U.S. immigration pathways for those seeking alternatives to the EB-5 visa. Phuong and the team of attorneys at DHP are experts with helping clients find the best immigration pathways for themselves and their family members.

One of the keynote speakers at the IIUSA conference this year was General David Petraeus, who called on all those in attendance to help ensure that everyone who served in the U.S. military are ensured employment opportunities when they leave the service. DHP is proud of and supports our military and veterans.

Of particular interest to DHP’s EB-5 clients, are the updated final action date estimates provided by Mr. Charlie Oppenheim, Chief, Immigrant Visa Control & Reporting Division, U.S. Department of State. EB-5 petitioners from Mainland China and Vietnam continue to face a long wait time. EB-5 applicants from India do not face a final action date yet but will most likely have a final action date starting in July 2019. Mr. Oppenheim also provided his “best case” and “worst case” predictions for EB-5 final action dates for October 2019:


IIUSA’s full report on Mr. Oppenheim’s remarks regarding EB-5 final action dates is available here. If you are an EB-5 investor seeking to understand more about final action dates and what this means for you and your family, we encourage you to contact DHP or your licensed immigration attorney for more information and guidance.

Lastly, DHP is proud of all of the hard work and perseverance put forth by the 2019 winners of the IIUSA Awards for Economic Achievement and those elected to serve in various IIUSA positions. Congratulations to all!

If you have any questions about investment/corporate immigration or other avenues to immigrate to the U.S., contact us to speak with our experienced immigration attorneys.

Israeli nationals eligible for E-2 Treaty Investor Visas

Israeli Nationals Eligible for E-2 Treaty Investor Visas

Beginning May 1, 2019, Israeli nationals will, for the first time, be able to submit E-2 treaty investor visa applications to the US Embassy – Israel, Tel Aviv Branch. (This is in addition to the E-1 treaty trader visa that Israeli nationals could already apply for.) Also, those eligible Israeli nationals already in the United States with legal non-immigrant status can file Form I-129, Petition for a Nonimmigrant Worker, to request a change of status to E-2 classification, or a qualifying employer can file the petition on their behalf. Spouses and unmarried children under 21 years of age of treaty investors and employees who are already in the United States may also seek to change status to E-2 classification as dependents by filing Form I-539, Application to Extend/Change Nonimmigrant Status.

The E-2 nonimmigrant classification allows citizens of countries with which the United States has a treaty of commerce and navigation to be admitted to the United States when they are investing substantial capital in a U.S. business. E-2 status is also available to certain employees of such investors or qualifying organizations.

Benefits of the E-2 visa include:

  • Allows the Israeli national to establish, develop, and operate their own business(es) in the U.S.
  • No set required minimum investment.
  • The spouse of the E-2 visa holder can apply for work authorization in the U.S. Dependent spouse and children under age 21 may attend school in the U.S.
  • An E-2 visa is usually issued to an employee for a period of up to five years. Applications for extensions have no limit as long as the business meets the qualifications (and the trade and commerce treaty between the U.S. and Israel has not been canceled).
  • There is no annual limit on the number of E-2 applications that can be approved. Therefore, it is possible to apply for and receive an E-2 visa throughout the year, for any number of qualified employees, as required.
  • There is no requirement for an academic degree, seniority or exceptional skills: Qualified employees in E-2 status are not required to have an academic degree or have work experience in the company (but the employee must possess the skills necessary to perform the specific job). Therefore, an Israeli employee can be recruited and placed in the U.S. immediately after his/her recruitment to the company.

For more on the E-2 treaty investor visa, contact our experienced corporate immigration attorneys at David Hirson & Partners, LLP. Contact us through our website or by calling our office: +1-949-383-5358.

David Hirson & Partners Guides Franchise Clients to Receive L-1A Visa Approvals

The first week of April saw David Hirson & Partners, LLP (“DHP”) receiving two L-1A approvals for two separate U.S. franchise companies. These franchises both required foreign executives to come and oversee their existing U.S. operations.

One L-1A beneficiary successfully passed the interview process. The other beneficiary expects to go through the interview process in a matter of weeks.

As business and immigration counsel, we assisted each U.S. franchise in structuring their respective franchise operations to meet strict L-1A visa requirements while remaining franchise law compliant. Simultaneously, we worked with the foreign nationals abroad to ensure that they qualified for the L-1A visa individually and more importantly had a viable foreign business/operations/structure to support their individual intracompany transfers as executives.

The L-1A visa is a “dual-intent” visa. This means that the managerial/executive beneficiary can temporarily enter to begin working for the U.S. company while also have the intent to immigrate to the U.S. at a later stage, even with a pending or approved immigrant petition. With the level of success that we are witnessing, we fully expect both L-1A beneficiaries and their dependents to become eligible to apply for their immigrant visas within 2 years of entering the U.S.

DHP has also been working with large foreign companies (some listed on various stock exchanges) that are looking to transfer managers/executives to run business operations in the U.S. These foreign transferees are coming to the U.S. to manage: existing overseas company operations in the U.S., an acquired business in the U.S. (including various franchises), or a completely new startup in the U.S.

David Hirson & Partners, LLP specializes in corporate immigration. There are a number of foreigners who are looking to partner with U.S. franchises as a way to combine business and immigration plans. Let us help you and your business with all your employment immigration needs. Contact us online today or call us at +1-949-383-5358.

 

 

DHP Nominated for Recognition by EB-5 Industry at the IIUSA Awards for Economic Advancement

David Hirson & Partners, LLP (DHP) is proud that two of its partners have been nominated for Invest in the USA’s (IIUSA) Awards for Economic Advancement. These awards are meant to recognize the achievements of members of the EB-5 industry who advocate on behalf of the dynamic economic development engine that is EB-5.

DHP’s Managing Partner, David Hirson, and Partner, Phuong Le’s nominations for this recognition continue to prove their dedication to the EB-5 industry.

David Hirson – Lifetime Achievement Award Nominee

David Hirson

David has more than 35 years of experience in corporate immigration law, specializing in business and investment immigration. He is the founding and managing partner of David Hirson & Partners, LLP (“DHP”), and he is internationally-recognized for his decades of success in investment immigration, especially in EB-5. He has been certified as a Specialist in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization continuously since 1990. David’s success with investment immigration has spanned decades, as seen by his involvement with the EB-5 program since its inception in 1990. In fact, he was visiting the Senate in 1990 when the EB-5 bill was marked-up. Thereafter in early 1991, Mr. Hirson had one of the first EB-5 cases approved by the INS (now USCIS) under the new EB-5 program.

That David Hirson & Partners David Hirson case was the first EB-5 case to be consular-processed and approved at the American Institute in Taiwan (the organization that provides U.S. consular-type services in Taiwan). In the mid-1990’s, he won four appeal cases after giving oral argument before the Administrative Appeals Office (AAO) of the legacy INS in Washington, D.C. Over the years, he regularly writes and publishes articles in addition to delivering many lectures to attorneys, bar associations, and the public, both in the U.S. and abroad. He has dedicated his professional career to EB-5 and continues to be a trusted adviser to a significant portion of the EB-5 industry.

Phuong Le – Emerging Champion Nominee

As an immigration attorney, Phuong has been and continues to work tirelessly within the Vietnamese EB-5 market to help educate everyone involved and to help fulfill the goals of the EB-5 program: creating jobs for U.S. workers. From advising immigrant investors from Vietnam to advising Vietnamese immigration agencies on project due diligence, Phuong has helped to shape the Vietnamese EB-5 market into what it is today. In addition to speaking on the Vietnamese EB-5 market, Phuong regularly publishes articles to help educate the EB-5 industry.

 

 

 

We encourage all IIUSA members to cast their votes here.

Recent partner featured in Wall Street Journal

DHP Partner Discusses EB-5 Insights with Wall Street Journal

On March 5, 2019, the Wall Street Journal published an article about the EB-5 investment immigration market in Vietnam. Phuong Le, Partner at David Hirson & Partners, LLP (“DHP”) and An Nguyen, Director of Business Development in Vietnam for DHP, provided timely insights for this article.

The article describes how the EB-5 market has shifted from a China-dominant world to now a Vietnam-dominant world. But, EB-5 stakeholders know that the Vietnamese EB-5 market is already shrinking. Where will the EB-5 industry go next? Without meaningful reforms to the EB-5 world, the EB-5 industry will face a shrinking future.

You can view the article, or contact us for more details about this article.

Contact us directly or call (+1-949-383-5358) to speak with an experienced team of immigration attorneys to discuss which immigration path may best fit you and your family’s immigration plans.

New Bill Extends Funding for EB-5 but Drops Key Program for Women

EB-5 Regional Center Pogram Extended into September 2019

U.S. Government Receives Funding Through September 30, 2019: Effects on EB-5 Regional Center Program and VAWA

On Friday, February 15, 2019, U.S. Congress and President Trump agreed on and signed Consolidated Appropriations Act, 2019, a spending bill that funds the U.S. government and extends the EB-5 Regional Center Program with no changes through September 30, 2019. This is another “clean” extension in a line of short-term extensions since 2013 of the EB-5 investment and job-creation program. The EB-5 regional center program has been a benefit to local U.S. economies and U.S. workers. Along with the rest of the EB-5 industry, we hope that this seven-month extension will allow beneficial updates to be made to the EB-5 program.

It is interesting to note that one key U.S. immigration program was not reauthorized in this latest spending bill: The Violence Against Women Act (“VAWA”). VAWA was dropped from the spending bill near the end of intense negotiations to avoid another shutdown of the U.S. government. This U.S. government program was created in 1994 to fund programs that help victims of domestic violence. In addition to funding, VAWA created a special visa category that allows battered immigrants to petition for legal status in the United States without relying on abusive U.S. citizen or legal permanent resident spouses, parents or children to sponsor their Adjustment of Status (Form I-485) applications.[1] The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing.[2]

If you have any questions about investment/corporate immigration or other avenues to immigrate to the U.S., contact us to speak with our group of experienced immigration attorneys.

Telephone: (949) 383-5358         Email: info@hirson.com               Website: www.Hirson.com

[1] https://www.uscis.gov/archive/archive-news/fact-sheet-uscis-issues-guidance-approved-violence-against-women-act-vawa-self-petitioners

[2] https://www.uscis.gov/humanitarian/battered-spouse-children-parents

EB-5 Investment Private Consultation Events

US Green car via EB-5 investment event

New legislation proposes removing per-country cap on employment visas.

New Proposed Immigration Legislation: H.R. 1044 Fairness for High-Skilled Immigrants Act of 2019

On February 7, 2019, U.S. Representatives Zoe Lofgren (D-CA-19) and Ken Buck (R-CO-04) introduced H.R. 1044 ‘Fairness for High-Skilled Immigrants Act of 2019.’ The bill will amend the Immigration and Nationality Act (INA) to eliminate the per-country caps to all employment-based immigrant visa categories, including EB-5.

The EB-5 Regional Center trade organization IIUSA has analyzed the proposed bill and its effects on EB-5 investors and investments. IIUSA concludes that:

“While the elimination of per-country caps may make sense for some categories, the elimination of the per-country cap for EB-5 will be to the detriment of the [EB-5 immigrant investor] program,” stated IIUSA Executive Director Aaron Grau. IIUSA data concludes the elimination of per-country cap for EB-5 will eliminate any new EB-5 economic development investment to the United States for at least 10 years.

“In the past year alone, the EB-5 program is responsible for over $3 billion in new economic development and over 100,000 jobs in the United States. Not excluding EB-5 from this proposal will put this type of new investment at risk,” stated Grau.

A few of the key points found in IIUSA’s detailed analysis and report on the effects of removing per-country caps include:

1) Removing the per-country cap would make the EB-5 visa immediately unavailable for all existing EB-5 investors from the countries that are not currently experiencing the visa retrogression issue – including Brazil, South Korea, and the rest of the world (except for China and Vietnam). Hypothetically, in the first five years of the elimination of the per-country cap, we forecast that over 96% of the annual EB-5 visa allocation would be used by the existing Chinese EB-5 visa applicants and their qualified family members while the remaining 4% would be consumed by the existing EB-5 visa applicants and their family derivatives from Vietnam.

2) Without the per-country cap, all existing EB-5 investors from all countries other than China would face a longer wait to receive conditional permanent residency. Existing EB-5 investors from Vietnam and their family members would need to wait three (3) to five (5) years longer for their EB-5 visas; while existing Indian EB-5 investors and their qualifying family derivatives would face an increase of six (6) years or longer for their EB-5 visa waiting time.

3) New EB-5 investors from all foreign countries would have to wait for 11 years or longer to receive their conditional permanent residency if the per-country cap is eliminated. In contrast, under the per-country cap, these investors (except for the ones from China and Vietnam) and their qualifying family members currently can proceed for an EB-5 visa as soon as their I-526 petition is approved by USCIS, without any additional delay.

4) Removing the per-country cap would shorten the EB-5 visa waiting time for new EB-5 investors from China from 16 years to 11 years, a reduction of 31%.

IIUSA first reported on this proposed bill here: https://iiusa.org/blog/legislation-eliminate-per-countrylimits-employment-based-visas/

David Hirson & Partners, LLP (“DHP”) is a proud member of IIUSA. DHP’s experienced team of immigration professionals are here to help you determine the best plan for you and your family’s immigration to the U.S. Contact DHP here or call us at +1-949-383-5358 to schedule a consultation.