LAW 4U
by: Johnny S. Ascano, Esq.
As I have encountered people with common legal concerns, I have decided to discuss and answer this very relevant question: Is there any process under the immigration law that will allow an alien to come to the U.S. faster than family based petitions?
Yes, there is an expeditious way to come the U.S. under the law. In fact, there are several ways under the law by which once may enter the U.S. For this issue I will discuss two options—the investor’s visa under the E2 visa category and the intra corporate transfer under the L1 visa category.
An E2 category investor’s visa is granted to an alien applicant who has demonstrated the qualifications and capacity to put up a business in the U.S. using a substantial amount of investment. The law did not place a specific dollar value on the substantial amount of investment needed. The amount required as “substantial” has to be a realistic amount that is enough to set up a business that will generate employment and income. Based on my experience a “substantial amount of investment” may be as low as $80,000 for a business like a coin laundry.
An L1 visa category presupposes that the alien applicant belongs to an existing corporation doing business in the Philippines where he/she holds a position of importance, like a CEO, CFO, comptroller, general manager, etc. Then that foreign corporation intends to put up a business in the U.S. and that the alien applicant will be transferred to the U.S. to manage the new subsidiary corporation.
In either case, the alien applicant will have to show financial capacity to put up the business or corporation in the U.S., and will actually establish the business. The “investment capital” will have to be transferred in a U.S. Bank from a legitimate source of that fund outside of the U.S., and the fund will have to be placed “at risk” in an investment in the U.S.
The beauty of these two visa categories is that the approved applicant may bring the spouse, children, and in some instances even a driver or household help with them in the U.S.
While the process is a bit complicated to write in this column for layman’s understanding, I strongly suggest that you visit our office to discuss the requirements if you are interested to learn more. We shall give you FREE initial consultation for this purpose. Please feel free to call 1.213.613.9995 to set an appointment.
Disclaimer: The content of this column is for informative purposes only and does not create an attorney-client relationship with the readers. It does not purport to be a substitute to a personal consultation with an attorney which a person has the right to pursue with respect to any of legal concern.
