The United States government expects to see a well-drafted business plan as support for applications in both the E Treaty Visa category and the EB5 Immigrant Entrepreneur category. Additionally, USCIS often kicks back a request for a feasibility study in L1 “New Office” petitions, which is something that is normally included in a well-drafted business plan. Hence, it stands to reason that inclusion of a well-drafted business plan is essential as supporting documentation in an L1 “New Office” Petition.

As evidence of the critical importance of a well-drafted plan is the fact that the United States government frequently denies L1 visa, E2 visa and EB5 visa petitions and applications due to their lack of a plan that is both comprehensive and credible.

Business plans that are not comprehensive and are more in the nature of a summary or overview of the business are generally not acceptable for L1 visa, E2 visa, and EB5 visa purposes. Instead, in any one given case the United States government expects to receive and review a quality product that, at minimum:

a.) Fully describes the enterprise, its products and services;

b.) Analyzes the market in detail, including potential customers and competition;

c.) Outlines a marketing strategy;

d.) Projects sales, costs, and income over a period of 5 years, showing the basis for these projections; and

e.) Presents complete details regarding the enterprises organizational structure, including complete job descriptions and a staffing timetable.

In short, the United States government expects to see a business plan that is as comprehensive as one that would be presented to a bank for purposes of seeking funding. Therefore, it is strongly recommended that one seek the services of a professional who is familiar with the relevant immigration regulations to draft ones plan if one hopes to stand a strong chance at success in an L1 visa, E2 visa or EB5 visa petition or application.

When selecting the right firm to draft a visa-specific business plan, a company or investor should seek out a firm that possesses both experience in the writing of bespoke business plans as well as the appropriate legal expertise to tailor the plan to the specific requirements of the L1 visa, E2 visa or EB5 visa categories.

To ensure that all the required elements of a well-drafted business plan will be covered to the satisfaction of the United States government, the company or investor should satisfy themselves that all of the following services will be covered by the fee that they will be paying for the business plan writing service:

a.) Setup of business plan according to target visa category;

b.) Gathering of information and documentation regarding company ownership, objectives and mission;

c.) Working with business owner to determine concise statement regarding company’s success formula;

d.) Work out with owner the visa-appropriate management and staffing plan (i.e., executive/management mix for L1 visa; marginality avoidance for E2 visa; creation of 10 full-time positions over a 2-year period for EB5 visa;

e.) Draft an easy to read service summary;

f.) Collaborate with client to create feasibility study, which covers target market, customer/client potentiality in geographical area (with growth projections), and competition analysis;

g.) Gather financial information to draft financial plan and Tables, including Start-up Summary (as applicable), Sales Forecast, Operating Expenses, and 5-year Projections.

Once the business plan has been developed into its penultimate draft, it should undergo a final review by the responsible immigration attorney to secure an opinion as to the viability of the plan, from a financial perspective. (Obviously, if the responsible immigration attorney is drafting the business plan, his or her opinion will be rendered simultaneously with the creation of the penultimate draft.) Once the responsible immigration attorney has rendered his opinion that the plan is fiscally viable, the plan can be finalized and signed off for inclusion in the visa application package.

©2012 E3 Visa. All Rights Reserved.

Though one can become a citizen voluntarily through the Naturalization process, some are granted this status being born in the US or born to US citizen parent(s).

Children born outside to US citizen parents can claim US citizenship through their parents’ status subject to certain strict requirements which makes the process very much sophisticated. The immigration law at the time the child was born is also vitally important while claiming citizenship through the Child Citizenship Act (CCA). But the process is pretty simple for children born in the US as they automatically become US citizens, immaterial of whether their parents were US citizens or not.

If your child was born in the US, you can directly apply for a US passport as a proof of his/her US citizenship. Should you want to document your child’s citizenship status, you can file Form N- 600, Application for Certificate of Citizenship with the USCIS to get the citizenship certificate.

There are a combination of requirements that are to be satisfied before applying for child citizenship. One such criteria is that at least one parent was a US citizen when the child was born and should have lived in the US or its possessions for a stipulated period of time. Additionally, child(ren) born outside the US can also claim citizenship after birth based on their parents’ citizenship or naturalization.

As stated above, you can become a US citizen only if you fulfill certain important conditions. Few are:

- You should be under 18 years old and at least one of your parents should be a US citizen, either by birth or through Naturalization.

- You should reside in the US in the legal and physical custody of your US citizen parent and is subject to lawful admission for permanent residence in the US.

- To qualify as a “child” for the purpose of getting a certificate of citizenship through your parents’ status, you (the child) should not be married. If you are born out of wedlock, you should have been “legitimated” when you were under 16 years old and in the legal custody of the legitimating parent. But if you are a stepchild who was not adopted, you will not qualify as a “child” for citizenship purposes.

- If you meet the above mentioned requirements before becoming 18 years old, it means you establish the eligibility for US citizenship without having to file an application. Make note however, if you want to document your citizenship status, you have to file Form N-600.

- Per the CCA, if you were 18 years old or older as of February 27, 2001, you will not be eligible for citizenship, under this classification. You however, can apply for naturalization (Form N-400) based on qualifying on your own. There is also another option where persons above the age of 18 as on February 27, 2001, are eligible to apply for a citizenship certificate per the law in effect before the enactment of the CCA.

Even if you the biological or an adopted child who regularly resides abroad, you can still qualify for citizenship. This however, has additional requirements to be met.

©2012 E3 Visa. All Rights Reserved.

Recently, the United States Immigration and Customs Services (USCIS) regulations governing how long green card holders can spend outside the US have become more stringent. Generally, they may not be outside the United States for more than 6 months each year. In the past, green card holders were able to return every 6 months for a brief trip, and not have USCIS fully enforce this rule. Now, this is not the case.

Exceeding this 6 month time limit may jeopardize their ability to retain a green card. As a result, many Green Card holders are being placed in removal proceedings and/or having their green cards confiscated, for failure to maintain continuance physical presence inside the United States.

Continuous physical presence can be established by showing that there was no intent to abandon the green card and that the lawful permanent resident maintain their ties in the United States. This can be easily established through proper documentation such as owning a home, renting an apartment, bank accounts, pay taxes, and other forms of proof establishing that although the trip abroad was lengthy, there was always an intent to return. It becomes far more difficult to prove when the green card holder has been absent from the United States for more than a year.

Removal proceedings are a type of hearing held before an immigration Judge. The green card holder will be considered an immigrant, who at the time of admission, was not in possession of valid unexpired document. Again, this is usually based on the green card holder’s absence in the United States.

Where a permanent resident’s absence exceeds the one year mark, and they are placed in removal proceedings, most persons will have the option of requesting Voluntary Departure. Voluntary Departure allows the relinquishing the current application for which the green card is based, and they can go back to their home country. If the request for voluntary departure is granted, then the process for a new green card starts anew.

There are no bars as to how soon one can re-apply after they voluntarily depart. If the alien elects for voluntary departure they forfeit their rights to present a defense to removal, such as asylum, withholding of removal, cancellation of removal, a petition through a family member, or any other pending motions. It is important when voluntary departure is granted that they depart on the date specified by the Judge, otherwise they will be barred from re-entering the United Sates for anywhere between 3-10 years.

There are precautions that one can take if they are in fact they are going to be out of the United States for a period longer than generally prescribed, preventing the whole removal process from even occurring. The primary and most effective way to be outside the United States for more than a year is by having a re-entry permit. A re-entry permit can be issued by filling out a travel authorization (I-131 form) and checking the box that applies. This allows a green card holder to be out of the country for up to 2 years without disrupting their continuous physical presence requirement.

If this option is available to the applicant, they must also fill out an N-470 which establishes that they are not abandoning their continuous physical presence requirement. It should be noted, that a re-entry permit is different from an advance parole which merely lets you travel.

While the possibility of losing a green card can be a hassle, this circumstance is not uncommon and ability to re-apply still allows a person to reunite with their loved ones. If other circumstances arise, or you have other questions, then you should contact an immigration attorney as soon as possible.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

Getting a “real” job and moving to the E3

My goal was always to find a way to stay in New York beyond my J1 visa year. About six months into my J1 I got a job working for a theatre management company. They knew that if they wanted to keep me beyond the end of my J1 they’d have to sponsor me, so I began the process of researching the E3 visa. To be honest, most of what I learned about it I found here on e3visa.info. CJ’s articles on the visa process were insightful and easy to read. While the process isn’t the same for everyone, having a resource like this is immensely helpful. So if you’re planning to get on an E3, go back and read every article on this site.

I have a Bachelor of Arts with a concentration in Drama and Theatre Studies from an Australian university. My job definitely requires a college degree – the tricky part was proving that it requires MY college degree.

When you have a visa sponsor and are about to fill out the LCA, do a bit of research on the Department of Labor website about the BEST way of categorising your job. If your job doesn’t easily fit a DOL category, try finding one it does. We categorised my job as “Associate Producer” (not my real title) because “Producer” is a recognised specialised occupation according to DOL. Specialisation is also important: the title you pick has to be a job that requires a Bachelor’s degree or higher to do. In addition, you have to be making the median wage level for that job. This can sometimes be tricky: my job certainly didn’t pay anywhere near the median wage, but we were able to argue that I made a certain amount as an hourly rate and worked part time. They don’t need any supporting documentation to prove this information, so while I certainly wouldn’t advise lying on your visa application, you are able to stretch the parameters a little if you’re clever.

The US consular interview is really straightforward. It’s best to be as prepared as possible – I brought letters of support from old employers, my university results, my CV and other supporting documents. Ultimately the only thing they asked for was my LCA and a letter from my employer, which stated how much they were paying me and what my duties were. They asked how I found my job, what my job description was like, and what my  degree was in (though they never asked to see my paperwork). They asked about my ties to home (my entire family is over in Australia, so that was easy) and then stamped my document and sent me on my way. My passport with my E3 visa in it arrived three days later and I came back to the States a week later.

All in all, the process is actually incredibly simple. Once you have a job, filling out the LCA correctly is the trickiest part of the process – and it’s really not difficult at all, it just requires a bit of thought and maybe some inventiveness if your work situation isn’t really straightforward. I freaked out a lot and met with a lawyer who tried to convince me I couldn’t do it alone. I nearly paid them $4000 before actually paying attention to what was required of me and realising that I COULD do this on my own. I am SO relieved I didn’t do it through a lawyer; I would never have forgiven myself for paying that much for something that was so easy to do.

The hardest part is actually GETTING the job. If you plan to come over and look for work, your best bet is to get onto the B1 tourist visa and stay as long as you need to until you get a job. In this climate, it will take you longer than the 90 days allowed on the visa waiver (unless you are highly qualified in a specialist field). Bring your life’s savings with you and be prepared to go through it – whether you’re looking for work on the J1, E3, or H1B – looking for work can be exhausting and demoralising. But if you want it badly enough, and more importantly, if you KNOW what is required of you from the visa process, you will be fine.

My final three pieces of advice:

1) Know the visa process inside out. Be able to answer any question your future employer might ask you. The advantage of the E3 is that it costs your employer nothing to sponsor you, but they will probably still have lots of questions.

2) Read the instructions on the consular website. Tattoo them on your forehead. And for god’s sake, REMEMBER YOU HAVE TO PAY FOR THE VISA FEE AT AUSTRALIA POST (if you apply in Australia) and you HAVE TO COME TO THE CONSULATE WITH A REGISTERED POST ENVELOPE. The three people ahead of me at the consulate forgot one or both of these things and had to leave and go to the post office and come back and wait in line.

3) Don’t get discouraged – the E3 really is designed to make life easier for you and your employer. Finding a job is possible, it just takes time and energy.

Good luck!

©2012 E3 Visa. All Rights Reserved.

Many people who visit the United States on a non-immigrant visa wish to extend their stay beyond the period of time for which they have been authorized. However, staying beyond your visa limits without prior approval can have serious consequences and may even prevent you from receiving authorization to reenter the U.S. at a later date.

Persons holding a non-immigrant visa who wish to extend their visit should file an Application to Extend/Change Nonimmigrant Status (Form I-539) with the U.S. Customs and Immigration Services (USCIS) at least 45 days before the date their visa is set to expire.

Eligibility to Extend Nonimmigrant Visa

Only certain people are eligible to apply for an extension to a non-immigrant visa, including those who:

• Entered the U.S. lawfully with a nonimmigrant visa
• Hold current valid nonimmigrant visa status
• Committed no crimes to become ineligible for a visa
• Have not violated visa admission conditions
• Hold a valid passport that will not expire during the proposed extension period

If you wish to extend your stay but do not qualify for extension based on the above criteria, you may wish to speak with a U.S. CIS agent to explore your options.

Overstaying Your Visa

If you overstay the date on your Arrival-Departure record, your visa status will expire and you will be classified as out-of-status. As a result, you may be ineligible to reapply for a visa in the future and therefore you may not be allowed to return to the United States. If you wish to stay in the country longer than your visa allows, it is important to plan accordingly and follow all immigration laws to prevent penalties or deportation.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

A permanent resident card is normally valid for ten years. On its expiry, you have to go through the Green Card renewal process by filing Form I-90, Application to Replace Permanent Resident Card with the USCIS. Though those renewing expired GreenCards will not be penalized, make sure you renew your card at the earliest without waiting for the card to expire. Form I-90 is also used when you want to change any biographic information on your GreenCard ( if your name has changed because of marriage, divorece, etc.) and also when you lose your card and need a replacement. You will also not lose your permanent resident status if you do not renew/replace your Green Card. Permanent resident status does not expire.

Though permanent resident status does not expire, per immigration laws, you should carry evidence of your status (a valid, unexpired Green Card or temporary passport stamp). If you do not renew your card, you might experience difficulties in getting employment, benefits and re-entry into the United States from abroad. Apply for your new GreenCard before you travel abroad and have with you on any trip the temporary documentation you received. If you try to re-enter the US with an expired Green Card, you might experience a delay during the inspection process at the port of entry,

Additionally, your employers will not accept an expired GreenCard while verifying employment authorization for new hires. You can use other documents that you will find on Form I-9 (Employment eligibility verification form) such as social security card and driver’s license or carry temporary evidence of status, such as an I-551 stamp or even the receipt notice that you received for your I-90, Application to Replace Permanent Resident Card.

A permanent resident is different from a conditional permanent resident. A conditional resident will be issued a card that is valid for two years only. A conditional card cannot be renewed and such card holders have to remove the conditions during the 90 day period before the card expires. You will lose your status if the conditions are not removed. You should file Form I-751 to remove the conditions. Once the application is approved and conditions removed, you will get a permanent resident card that will be valid for the next ten years.

After you send the completed application to the USCIS, you can expect an Application Receipt Notice with a 13-character Application Receipt number in it within 30 days of having filed the application. This notice acts as a proof that USCIS received your Green Card renewal application and that it is being processed. You can also check the status of your application with this receipt number. Subsequently, you also will be intimated about the dates for fingerprinting and your interview date with detailed instructions related to the supporting documents you need to carry.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.

I arrived in New York looking for work a year after the recession had hit, so things weren’t looking too great. Nonetheless, I found a retail job on my third day in the city, which I was pretty pleased about. I was pretty shocked to hear that they paid $9 an hour – that’s what I made when I was 16 and worked in a juice bar – but that’s actually a pretty decent rate here, as minimum wage is $7.25.

You must get used to the fact that the retail and hospitality industries pay significantly less than they do back home in Australia. You can make good money waitressing or bartending, but you make that in tips, so it’s dependent on where you work and how busy your shift is. If it’s a slow night, or it’s snowing outside, or if the economy has just crapped itself, you may not make that month’s rent – but you could also make upward of $200 a night if you have some high-tipping customers.

Craigslist is a great place to find jobs, but try looking in some unconventional places as hundreds of people apply for the jobs advertised there. I had a friend find a job in an art gallery/cafe because she looked in the “artists” category on Craigslist and hardly anyone had applied.

Babysitting will be your lifesaver. If you can handle kids, you can make great money, often cash in hand, looking after kids. People are desperate for good, reliable babysitters. You can’t strictly work as an Au-Pair on the J1, but you can get casual babysitting or nannying gigs.

New York is an incredible, dynamic city with wonderful opportunities available. There is so much to see and do it can be overwhelming. It can also be quite isolating, and even when you do make friends, people have difficulty with committment here, so plans that you thought were concrete were actually tentative. Having said that, there are just SO many people here and SO many things to do that you can find friends in the most unusual of places – on the subway, at a show, in a focus group. People are really charmed by the Australian accent, too, so use that to your advantage.

©2012 E3 Visa. All Rights Reserved.

I was 21 when I came to the US for the first time. I had family living in New York and spent nearly three months hanging out in New York City. Within a week of being here I knew I was going to move here some day, so I set my sights on finishing my university degree and getting a visa to move to the US from Melbourne, my home town.

I finished university in November of 2008 and spent the next 10 months working and saving money to move here. I knew I would be eligible for the J1 12-month work and travel visa within 12 months of graduating. I spent a few months doing research on the program and trying to find the best sponsor to come over to the US.

All in all, the J1 process is very straightforward. The main thing you need is a visa sponsor, and there are quite a few of them out there. They make it possible for you to come here and live and work for 12 months. To be perfectly honest, it absolutely does not matter who you get to sponsor you.

Finding a sponsor with built in travel insurance (a requirement of the visa) will probably cut your costs a little (as opposed to paying for sponsorship and insurance seperately.) Do a search for companies that sponsor you – GrowUSA, CIEE and the YMCA are three big organisations that sponsor the J1 visa.

The organisation I went with (not one of the above) were helpful before I got my visa, but once I got into the country they didn’t really care what I did. They didn’t check in to see how I was doing and I was the one who called them to notify them of my arrival. I was unemployed for a decent chunk of my first few months here and no one called to see how I was doing or if I needed any help. Which is fine – it’s not something I was promised – but for the $1600 I paid to be sponsored, I would’ve preferred to go with a company who at least wanted to know I was still alive.

Once the company receives your sponsorship paperwork, they send you the DS-2019 and you take that and your supporting
documentation to the consulate for your interview. The interview is really straightforward – they’re just going to want to
know that you’ve got ties back home and that you’re bringing enough money to support yourself for the first few months. I
think the minimum you need to show evidence for is $1500, but I stupidly wrote $US8000 on my form, not realising that;

a) that was $11000 AUD at the time and
b) that I had to show evidence that I had that money at the time of my appointment, which I did not.

So my visa was denied initially until I sent them evidence that I had parental support and a credit card.
Moral of the story – just put whatever you have. As long as it’s over $1500, you’ll be fine.

©2012 E3 Visa. All Rights Reserved.

Non US citizens who wish to work in the US should get authorization to work in the US. They can get authorization by filing the I-765 form which is the authorization for their employment. Though belonging to different national origin, aliens can work after the I-765 form is approved.

I 765 Application for Employment Authorization Document:

I-765 form or the Application for Employment Authorization Document is used by certain aliens to apply for an Employment Authorization Document. A valid Employment Authorization Document is issued in the form of plastic card which resembles a credit card. The information on the EAD card is all about the personal details of the alien who has applied like the name, sex, birth date, country of birth, alien registration number, recent photos, etc. So any foreign national with a valid EAD can work for an employer in the US.

Individuals can file I-765 form or Application for Employment Authorization by mail with the USCIS Regional Service Center closest to where they live. It can also be filed electronically. Each applicant should file a separate application, with the relevant fees and documents.

EAD can be applied for by certain foreign nationals like,

-one who has filed for a green card or Adjustment of status
-Spouses of L and E visa holders and spouses and children of J visa holders.
-Spouses and children of foreign government officials
-F1 and M1 students of certain categories
-B1 non immigrant employees of US citizens and foreign airlines.
-Foreign nationals of refugee and asylum status.
-Foreign nationals of V non immigrant status and who are under the temporary protected status.

The EADs issued by the USCIS are for different categories, like

*Renewal EAD- This is the EAD which is issued for the EAD that has expired and will be issued only under the same category.

*Replacement EAD- This is issued for the previously issued EAD that has been stolen, lost, damaged, or having erroneous information like mis spelled name etc.

*Interim EAD- This EAD is requested by the foreign employee, if his EAD has not been approved or denied within 90 days and it is 30 days for an asylum applicant.

Further, in case an individual has filed I 485 application, which is the application to register Permanent Residence or Adjustment of status, on July 30, 2007 or after and paid for it as well, there is no necessity of a filing fee for I-765. Also the I 765can be filed concurrently with the I-485 or filed separately at a later stage. In case of filing the I-765 form separately, then a copy of the I 797C,Notice of action should be submitted to show that the I 485 application has been filed.

The employment authorization document is a mere work permit and authorizes one to work in the US. Depending on the category, one has to file the I-765 form and take the advantage and right of working in the US, which is a dream for many of the foreign nationals.

©2012 E3 Visa. All Rights Reserved.

Immigration has become a hotly contested issue with strong feeling on each side. Unfortunately, we have allowed our emotions to get the best of us, at the expense of an honest debate. No where is this more clear than with the recent coining of the phrase anchor babies. The term anchor baby refers to a mother who takes advantage of our countries long-standing belief in birth right citizenship by sneaking across the border and having her child here. Birth right citizenship is the Constitutional guarantee that when a person is born within the US they are automatically a citizen, even if their parents entered illegally.

The term anchor baby was created to infer that illegal immigrants have found a way around our immigration laws by having a baby here, who is now a citizen. As a citizen it is falsely claimed that this anchor baby subsequently petitions to bring the rest of the family here. It is implied that once here this family will now take jobs from US citizens or go on welfare and take our tax dollars. The term anchor baby is simply a myth, created to stir up anti immigrant ideology for political gain. The truth is a US citizen baby cannot help an illegal parent’s immigration. This is because no one can petition for another family member’s green card until they are 21 years old.

Because a so-called anchor baby cannot gain a legal status even for their mother until they have turned 21 years old there is little truth in the terminology anchor baby, if anything it should be called anchor young adult. But this is also misleading, if the mother somehow remains in the US illegally without being caught and deported until the child is 21 that child cannot petition for the mother unless the mother leaves the country. Once the mother leaves the country a 10 year bar from reentering is triggered as punishment for her unlawful presence. This means the anchor baby would be 31 years of age when they were able to get their mother or any other family member a green card to the US. Thus, the premise that there is such thing as an anchor baby is patently false.

Moreover, birth right citizenship has been a staple of our country for many decades and it is clearly and explicitly stated in the Constitution. It is entirely possible without it our country would be completely different and many individuals here now would not be. In addition, there would be serious humanitarian issues if ICE was rounding up infants and young children and deporting them to a country they have never been.

In sum, the term anchor baby was created to stir human passions and to make our citizenry feel that our system of laws is being exploited. There is no question that our country has serious immigration problems and that something needs to be done to fix this but creating false terminology is not the answer.

Guest Post Author

©2012 E3 Visa. All Rights Reserved.