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Introduction

Many individuals suffered United States immigration results due to their reliance on inaccurate records found on the internet. Whilst lots statistics located on the net can be correct, we’ve got turn out to be aware about an abundance of working visa hong kong myths springing up out of incorrect records this is perpetuated throughout the net on websites ranging from chat boards to government records pages.

Unfortunately, those visa myths frequently cause outcomes of various stages, including the subsequent: a.) An man or woman might also forego making use of for a selected visa category that could in any other case allow him to set up a worthwhile business in the United States, due to a mistaken agree with that he’s ineligible for the category; or b.) An individual may do not forget that she is authorized to hold on business activities in the United States that are, in truth, prohibited through law, main to refusals of entry, visa denials, or worse.

The fact of the matter is that United States immigration law is rarely, if ever, sincere — and it’s miles essential to distinguish among the truth and the myths. In this text, consequently, we deal with the 10 (10) visa myths most typically brought to our attention by way of our clients, inside the hopes of supporting the public to keep away from highly-priced missteps.

Myths Associated with the E2 Treaty Investor Category

Myth 1: “I need to make investments $250,000 USD in the United States to be eligible for an E2 Treaty Investor Visa.”

The Reality: Not always. The US Department of State (“DOS”), the US government business enterprise that handles E-2 visa programs does now not set a minimum funding parent. Instead, the DOS actually states that the investment should be big. The dollar determine required for a vast funding depends on the character of the commercial enterprise to be commenced or to be purchased. Your funding ought to represent a significant share of the overall fee of the business to be purchased or it ought to be enough to start up a profitable new business.

Our firm has handled a hit applications for candidates making an investment as little as $50,000 USD, whilst this became the whole quantity that was required to start up the commercial enterprise to the factor of operation.

Myth 2: “I can apply for an E2 visa to allow me to tour to the US to make my funding.”

The Reality: This isn’t always accurate. Before you legally can observe for an E2 visa, the investment of your cash must be finished, and commercially at risk. Certain regulations do permit travelers to go to the united states on the Visa Waiver Program or a Visitor Visa for the cause of making an investment, if in any other case eligible. However, this must be handled carefully to ensure that the activities you may do are all authorized below the regulations. For example, you may not be eligible to actively manage your funding, or in any other case work in your enterprise, till you have got received the E-2 visa. The officer on the port of access ought to be satisfied that you’ll most effective be engaged in legal sports or you will be refused access or administratively deported.

Our firm frequently works with buyers at this initial degree of the investment. We provide our offerings to qualifying investors to study the proposed investment sports in the United States and to provide documents for presentation on the port of access in aid of the investor’s proposed activities inside the United States.

Myth three: “I can retire at the E-2 visa.”

The Reality: This isn’t accurate. The E-2 Treaty Investor visa isn’t a retirement visa. It is intended for lively investments and is handiest issued to buyers coming into the us to actively increase and direct the funding.

The United States does not currently offer a retirement visa. You will want to secure Legal Permanent Residency in the USA earlier than being able to retire there on a everlasting basis. Given that the E-2 visa is strictly a non-immigrant visa, any Legal Permanent Residency petition or application should be treated carefully to avoid jeopardizing your E-2 visa fame.

Myths Associated with Business Travellers

Myth four: “I need to tour to america to do some work for my enterprise. I am now not hired by means of or being paid by using a United States Company and I am simplest staying for a short period of time, so I can tour on the Visa Waiver Program.”

The Reality: The Visa Waiver Program does no longer authorize productive work, irrespective of where the organisation which you paintings for is positioned, or maybe whether or not you’re paid to your work. This equal rule also applies to people holding a general B-1 Business Visitor visa. The commercial enterprise activities allowed below the Visa Waiver Program and wellknown B-1 Business Visitor visa encompass, however aren’t restricted to, attendance at enterprise meetings, meetings, seminars and exhibitions. However, engaging in leadership and management education seminars, or different schooling activities, isn’t always authorized on the Visa Waiver Program.

It is crucial to be entirely clear on whether your enterprise activities are authorized under the Visa Waiver Program. If you perform unauthorized paintings within the United States, you will be removed from the US or refused entry to the United States on a later trip. You may additionally then be not able to journey to the USA at the Visa Waiver Program and might face issues in securing a B-1 Business Visitor’s visa within the future.

Within the B-1 visa policies there are unique subcategories of B-1 visas that, while issued, allow exclusive styles of efficient paintings. The most commonplace of these subcategories is a Special Business Concession (additionally referred to as B1 in lieu of H1) that allows qualifying individuals to carry out productive work in the United States on behalf of a overseas organisation. Individuals usually find packages for the Special Business Concession to be much less arduous than other visa classes because the application is offered immediately to the United States Embassy or Consulate overseas. However, the presented application need to honestly exhibit the applicant’s eligibility and ought to be offered within the regularly converting procedural requirements of the DOS. We suggest which you consult with a certified immigration attorney if you or your enterprise desire to pursue this selection, given that a failed visa software, even through a easy misstep, may additionally render the applicant ineligible to travel at the Visa Waiver Program ever again.

Myths Associated with L-1 Intracompany Transfers

Myth five: “The United States corporation must be trading for at least one (1) yr earlier than my foreign business enterprise can transfer me to it on an L1 visa.”

The Reality: This is not the case beneath the unique L-1 “New Office” policies. The “New Office” policies permit an individual employed through an affiliated organization overseas in a managerial, government, or specialized know-how potential to be transferred to a today’s United States organisation to commence the operations of the organization.

The L-1 visa underneath the “New Office” regulations could be issued for up to 1 (1) yr to begin with, and america company ought to show in its petition that the transferee may be in a role to step far from any responsibilities in the set-up of the corporation that aren’t strictly managerial, executive, or that don’t require specialised understanding, by way of the end of year one (1).

A reverse model of this myth shows that the transfer can arise even earlier than the establishment of the USA organisation. In truth, even as the L-1 visa may be issued to a transferee setting out operations, USCIS ought to be glad in reviewing the visa petition that there’s an already-installed United States entity organized to acquire the transferee. To facilitate the visa manner, our law firm frequently assists foreign groups in this preliminary established order of america, which we deal with along side the practise of the visa petition to keep away from needless delays.

Myth 6: “I am paid as an impartial contractor, not as an worker, so I am now not eligible to switch to the affiliated United States business enterprise.”

The Reality: You might also nevertheless be eligible. Contractors that work solely for the foreign organization, however are paid as contractors surely for payroll reasons, might also nonetheless be transferred to the affiliated United States company on an L-1 visa, if otherwise eligible. During our preliminary session with you or the contracting corporation, we’d discuss more approximately your role to make certain that it qualifies. Also, in case you do not meet the requirements for the L-1 visa, we are able to speak other potential options.

Myths Associated with Criminal Arrests and Convictions

Myth 7: “I have a criminal record. I am required to apply for a visa earlier than travelling to the US.”

The Reality: It relies upon on the file. This fantasy maximum generally arises in terms of Question B. At the Electronic System for Travel Authorization (“ESTA”) required to tour to the USA. Question B asks:

Have you ever been arrested or convicted for an offense or crime regarding ethical turpitude or a contravention associated with a controlled substance; or were arrested or convicted for 2 or more offenses for which the combination sentence to confinement turned into five years or more; or have been a managed substance trafficker; or are you seeking entry to interact in crook or immoral activities?

When you solution sure to this query, the United States Customs and Border Protection evaluations the software record and determines whether or not tour will nonetheless be authorized or, more typically, that you’ll be wanting to apply for a visa on the United States Embassy or Consulate overseas before touring to america.

The portion of the query that usually causes confusion is whether the arrest or conviction became for a “crime related to moral turpitude”. Common law within the United States defines ethical turpitude ambiguously as “behavior that’s inherently base, vile, or wicked, and contrary to the time-honored guidelines of morality and the obligations owed between folks or to society in preferred.” Furthermore, the punishment imposed does now not shed any light as to the presence or absence of ethical turpitude; a few crimes punishable by handiest a first-rate can nonetheless be considered crimes concerning moral turpitude, while different crimes usually considered with the aid of the general public to be critical aren’t.

The determination as to whether or not against the law involves moral turpitude requires a overview of the issue criminal report in opposition to both the equivalent United States Federal or State criminal statutes and the applicable United States immigration legal guidelines. We endorse which you consult with a qualified immigration Attorney earlier than answering the ESTA question or contacting america Embassy or Consulate to schedule an appointment. When you name the US Embassy or Consulate, you may generally reach a customer service consultant at a name middle, now not a visa officer, who cannot instruct you on whether or not your arrest or conviction concerned against the law concerning moral turpitude. These customer service representatives alternatively surely instruct the individual to time table a visa interview to make a visa utility.

We acquire inquiries from people that would have answered “no” to Question B., however who nevertheless attended a visa interview because they have been uncertain and immediately consulted with the United States Embassy’s name middle. At the consular interview, the United States Embassy or Consular Officer notified the individual that their document did no longer contain a crime related to ethical turpitude, but that the application changed into denied for other reasons, including “inadequate ties out of doors of the US”. This visa denial then renders the person who would have otherwise acquired ESTA approval not able to journey on the Visa Waiver Program. Furthermore, the visa denial remains on ones DOS file for lifestyles and may be very tough to overcome as Embassy officers generally defer to the preceding denial until there has been a fabric change of circumstances.

Myth eight: “The conviction I suffered is now spent so I do now not need to reveal it to United States immigration.”

The Reality: The United States government does now not apprehend the idea of spent convictions. An arrest or conviction that falls underneath a class requiring disclosure must be discovered regardless of how lengthy ago it befell and no matter whether it has been removed out of your report.

Other General Immigration Myths

Myth 9: “Once I had been within the United States for several years on a non-immigrant visa, I will robotically get hold of a “Green Card” (i.E., Legal Permanent Resident popularity).

The Reality: Unlike many countries, an man or woman does not routinely grow to be eligible for Legal Permanent Resident (“LPR”) popularity after living inside the United States for a positive wide variety of years. The United States grants LPR popularity following approval of a subsidized petition or utility technique this is distinct from the non-immigrant visa.

These backed petitions can be lodged through sure United States citizens or LPRs, or via qualifying US employers. A variety of various classes exist to petition for LPR fame and each class maintains its own requirements and time scales. These classes usually face better scrutiny and greater necessities by using USCIS than non-immigrant petitions, and we endorse which you talk over with a certified United States immigration Attorney before starting off the technique.

Myth 10: “I actually have stayed within the US for the full 90 days of the Visa Waiver Program, but I am now not geared up to depart yet. I will fly out for the day and be capable of stay for another 90 days once I re-enter america.”

The Reality: Maybe. Each time you are seeking to enter the United States, a US Customs and Border Protection officer determines your eligibility to enter the US and, if admitted, how long you could live. Lengthy remains of quite a number weeks and particularly remains for the whole 90 (ninety) days accompanied through a quick go back to the USA might also arouse the suspicion of the USA Customs and Border Protection officer. Re-getting into the us after a full 90 (ninety) day live and brief departure isn’t strictly prohibited, however the officer may additionally deny your entry primarily based on suspicions which you intend to permanently live in the United States, will no longer go away by way of the expiration date in your I-ninety four, or which you are carrying out unauthorized work while within the United States.

We advise that you speak your need to remain in the USA for extra than 90 (90) days with a certified immigration Attorney to decide if there is a visa which can assist help you tour to america at some stage in the yr. You have to also talk over with an accountant or tax marketing consultant acquainted with United States tax as you will be challenge to US tax legal responsibility after remaining in the United States for greater than one hundred eighty days of a year – even at the Visa Waiver Program.

Conclusion

These are just a handful of the visa and immigration myths that abound in the public area, together with on internet boards and chat rooms. Reliance on these myths can cause extreme outcomes, which include pointless visa denials, invalidation of ones proper to enter the USA on the Visa Waiver Program, loss of cash and commercial enterprise possibilities or even elimination or deportation from the USA. Even in case you intend to deal with your visa or immigration be counted on a DIY basis, it is high-quality to visit an skilled US immigration legal professional — if simplest to verify your information of the relevant US immigration laws and guidelines. Seeking expert advice will minimize the hazard of mis-stepping as you try to navigate the United States immigration minefield.

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