Are you a foreign entrepreneur who plays an active role in a start-up in the U.S.?  If so, you may now qualify for immigration status permission to stay and work in the United States under the newly revived International Entrepreneur Rule (IER).

The International Entrepreneur Rule was originally established in the final days of the Obama Administration. Yet, it was put on hold shortly after the Trump administration took office in 2017.  It has been dormant since that time. However, on May 10, 2021, the Department of Homeland Security (DHS) announced that the program is being revived as part of the efforts to reduce barriers to U.S. immigration.

Under the International Entrepreneur Rule (IER), the Department of Homeland Security (DHS) can use its parole authority to grant a period of authorized stay to eligible foreign entrepreneurs who demonstrate that their stay in the United States would provide a significant public benefit through their business venture.

As many foreign business owners understand, the U.S. immigration system has not provided a clear option for entrepreneurs in the past. They regularly must jump from one immigration status to another which places constraints on pursuing their business ideas. 

With this revived rule, according to U.S. Citizen and Immigration Services, entrepreneurs granted parole will be eligible to reside in the U.S. for an initial period of up to 30 months and work exclusively for their start-up business. The spouses and children of the foreign entrepreneur may also be eligible for parole. The spouses may apply for work authorization once present in the United States as parolees, yet children are not eligible to work. In addition, IER parole may be granted for up to three entrepreneurs per start-up entity.

Applying for Entrepreneur Parole Immigration Status

In order to qualify for the Entrepreneur Parole you must provide at the bare minimum, the following:

1. evidence and supporting documents that show you play a central and active role in the operations of the start-up entity; 
2. proof of at least 10% ownership stake in the entity; and 
3. proof evidencing that the entity was formed within the five years immediately preceding the filing date of your petition. 

It is imperative that the international entrepreneurs understand that the start-up company must show a strong potential for rapid growth and job creation.

Additionally, an applicant may be considered for parole if they can demonstrate that their start-up entity has received a minimum investment or grant for economic development, research and development, or job creation. 

Applying for Requests for Re-Parole 

In addition to the foregoing, pursuant to the Application for Entrepreneur Parole requirements, to request a supplementary period of parole, an applicant must provide documentation that they still meet the criteria for being an entrepreneur and that their business continues to meet the definition of a “start-up” entity.

Drawbacks to the Program

Unlike other visas for legal status to start a business in the U.S., such as the E-2 visa, parole is a discretionary and temporary permission to enter and remain in the United States for the purpose of growing the business only. It does not allow applicants to be eligible for continuous renewals and stays in the U.S. As such, international entrepreneurs who wish to apply for permanent residence in the future must qualify under a separate U.S. immigration program.

Another potential drawback is that since parole is a discretionary permission to enter the U.S. it can be revoked by the DHS at any time if the start-up is no longer in operation or otherwise ceases to provide a significant public benefit to the U.S. If this occurs, while a recipient is outside the United States, they may be unable to return to the United States unless they have another valid visa allowing admission into the United States.

Our Tampa Immigration Lawyers Can Help 

While there are limitations that must be considered, overall, Entrepreneur Parole is a great option for many international entrepreneurs, such as F-1 Students who may wish to start a business in the United States after their studies. 

If you would like to discuss your business and immigration status options including potential qualifications for Entrepreneur Parole, please contact our office for a consultation. We can help assess the interested entrepreneur’s eligibility and assist with the process.

Are you considering applying for a visa after investing in the US? Applying for an E-2 Immigration visa to the United States can be a great option. E-2 visas allow immigrants from treaty countries to apply for a visa after investing substantial capital in a U.S. business. However, if you are applying for the visa, it is essential that you qualify for a visa. In some cases, immigrants receive the initial E-2 visa, yet, when they apply for a renewal of the visa, immigration officials deny their application. One of the most common mistakes E-2 visa holders make is failing to purchase a viable business. 

Ensure You are Purchasing a Viable Business to Secure your E-2 Immigration Visa

In order to secure the visa an applicant must have invested, or be actively in the process of investing substantial capital in a bona fide enterprise in the United States. Not every business qualifies as a bona fide enterprise. Instead, a bona fide enterprise is a “real, active and operating commercial or entrepreneurial undertaking.” The business must produce goods or services for profit. 

Additionally, the business must meet all legal requirements for doing business within its jurisdiction. For example, if the business is located in Tampa, Florida, the business must meet all applicable laws and regulations required by the state of Florida. The business cannot be a marginal enterprise. A marginal enterprise must have the present or future capacity to generate enough income to provide a minimum living income for the investor and his or her family. 

Applying for Renewal of Your E-2 Immigration Visa

After receiving your visa, an immigrant can stay for an initial two-year period. Immigration officials can grant extensions of E-2 visas for up to two years. As long as the immigrant has the intention to depart the U.S. when the E-2 visa expires, he or she can continue to receive two-year extensions with no limit. 

Immigration officials do not apply the same level of scrutiny for E-2 applicants as they do to immigrants who are applying for a visa renewal. When immigrants apply for an E-2 visa, the immigrant can be in the process of investing capital into a qualifying business. However, by the time an immigrant applies for a renewal, immigration officials expect to see proof that the business is producing a profit. 

The Business Must Become Profitable 

When an immigrant applies for an E-2 immigration visa by investing in a new enterprise, the enterprise does not need to be profitable. However, the enterprise must have the capacity to generate a profit and enough income for the investors to live on within five years of the date that the investor’s E-2 visa begins.

Our E-2 Visa Lawyers can Help 
If you are applying for an E-2 immigration visa or for an E-2 visa renewal, our lawyers can help. This exclusive visa is not for everyone and the requirements for applying or renewing are very strenuous, and should be taken seriously. At The Benkabbou Law Firm, PLLC, our lawyers can help you understand the entire process. We will help you invest in a viable business to increase your chances of renewal. Contact our immigration law firm today to schedule your initial consultation and learn about the risks of filing for your visa and how we can help you avoid any missteps.

Understanding the differences between E-2 Visas and L-Visas will help you decide which visa is your best option. The key difference between the two visas is that the E-2 visa is intended for use by foreign investors, not employees seeking to immigrate. What are the key differences between the E-2 and L-1 visas? What are the pros and cons of each visa, and who is eligible?

Applying for an L-Visa in Florida

L-1A visas are also known as Intracompany Transferee Executive or Manager visas. The U.S. Customs and Immigration Services issues L-1A visas and L01B visas. To secure an L-1A visa, your potential U.S. employer must file a petition for you to live and work in the United States. Companies frequently use the L-1A visa process to transfer a qualified manager or executor to work at a location within the United States. Only employees who are executives or managers can qualify for an L-1A visa. 

To qualify for an L-1A visa, you must be seeking to enter the U.S. to work in a managerial or executive capacity for a branch of your same employer. Or, you can work for one of your current employer’s qualifying organizations. Typically, you must have worked for a qualifying organization for a year within the three years before your admission to the U.S. The admission requirements are similar for an L-2 visa, except these visas are intended for applicants with a specialized knowledge capacity. The applicant must have a specialized knowledge of the research, service, product, techniques, or management of business who has petitioned the visa. 

Applying for an E-2 Visa

An E-2 investor visa allows an applicant to work in the U.S. based on an investment that he or she will control while in the United States. E-2 visas are available for foreign investors, not employees. If you are considering investing in a new business in the United States, the E-2 visa may be right for you. In order to qualify, you must have invested a substantial amount of capital in a bona fide, for-profit business, entrepreneurial, or commercial undertaking located within the United States. Additionally, only investors from countries that have treaties of commerce and navigation with the U.S. will be given E-2 visas. 

The Pros and Cons of L-Visas and E-2 Visas

The U.S. grants E-2 visas for an initial time period of up to two years. One benefit of the E2 visa is that the visa holder can apply for a two-year extension without needing to return to their home country. An E-2 visa holder cannot plan to permanently reside in the United States. On the contrary, L visa holders have a straightforward path to residency and can apply for residency while in the U.S. on an L visa. 

We Can Help
At The Benkabbou Law Firm, PLLC, we have helped many managers, executors, and investors successfully apply for L and E visas. Contact our law firm today to schedule your Tampa immigration legal consultation today.

As an experienced family-based immigration lawyer in Tampa, we can guide you through the complex rules and regulations that are part of the U.S. immigration petition process. Families belong together. At the Benkabbou Law Firm, PLLC, nothing makes us happier than being able to use our legal knowledge and expertise in United States immigration law as a way of uniting you with loved ones and family members.

Family-Based Immigration Visas 

Obtaining a visa through a relationship with a family member currently in this country is one of the most common ways for people to legally enter the United States. The first step in this process is for the lawful resident to file a family-based visa petition. Under U.S. Citizenship and Immigration Services guidelines, there are several options available, depending on the specific relationship.  

At the Benkabbou Law Firm, PLLC, our Tampa immigration lawyer can assist current U.S. citizens in filing a petition to obtain lawful permanent resident status (otherwise known as a green card) for the following family members:  

• Your spouse; 
• Children who are unmarried and under the age of 21; 
• Adult sons or daughters who are unmarried; 
• Parents and siblings, provided that you are over the age of 21.  

In addition to a green card, you may be able to apply for a fiance visa if you are engaged to be married, which covers your partner and any children they have under the age of 21. If you are a Lawful Permanent Resident (LPR), there are a limited number of Family Preference Immigrant visas which are also available. This may be an option for green card holders to bring your spouse, your children, and their spouses or children to the United States.  

How Our Tampa Family-Based Immigration Petition Lawyer can Help You 

As an experienced Tampa immigration lawyer, attorney Salma Benkabbou uses her knowledge of immigration laws and her experience in helping other families to guide you through the petition process. One of the first steps is filing a form I-130, Petition for Alien Relative. Information you will need to provide when submitting this petition includes proof of U.S. citizenship, lawful permanent residence, or U.S. national status, and proof of family relationship, such as a marriage license or copies of birth certificates.  

Once your petition is completed and submitted with the appropriate supporting documents, our Tampa immigration lawyer will guide you through the remaining steps in the immigration visa process. Under U.S. Department of State guidelines, this includes:  

• Approval of your family-based immigration petition; 
• National Visa Center (NVC) processing; 

• Consular Electronic Application Center (CEAC) processing; 
• Submitting your visa application form; 
• Collecting financial statements and other supporting documents; 
• Preparing for your visa applicant interview.  

Our Tampa Family-Based Immigration Petition Lawyer is Here to Help 

At the Benkabbou Law Firm, PLLC, we know that bringing your loved ones to the U.S. can be a daunting and confusing process. We are here to help you at each step along the way. Call or contact our Tampa family-based immigration lawyer online today and request a consultation to discuss the options in your particular case.  

Beginning the business immigration journey can be daunting – there are many questions that entrepreneurs have when moving to a new country, including which type of U.S. business immigration Visa is right for them. If you are one of these entrepreneurs, this post is for you. 

A U.S. Visa is an authorization from the government granted to a foreigner to allow them to enter, remain within, or leave a certain territory. If you are looking to move your business to the U.S., you will need either the E-2 Investor Visa or the L-1A Intracompany Transferee Executive or Manager Visa. 

Understanding the difference between these two types of business immigration Visas will help pave your immigration journey. In this post, we will discuss: 

• What the E-2 Investor Visa is 
• What the L-1A Intracompany Transferee Executive of Manager Visa is 
• The differences between an E-2 Investor Visa and a L-1A Intracompany Transferee Executive or Manager Visa
• How we can help 

What is the E-2 Investor Visa? 

An E-2 Investor Visa allows an applicant to work in the U.S. based on an investment that he or she will control while in America. E-2 Investor Visas are available for foreign investors, not employees. If you are considering investing in a new business in the U.S., the E-2 Investor Visa may be right for you. 

Who qualifies for the E-2 Investor Visa? 

To qualify for the E-2 Investor Visa, you must invest a substantial amount of capital in bona fide, for-profit business, entrepreneurial, or commercial undertaking located within the U.S. Additionally, only investors from countries that have treaties of commerce and navigation with the U.S. will be granted an E-2 Investor Visa. 

For additional requirements for the E-2 Visa, please see the U.S. Citizenship and Immigration Service’s website here.

What is the L-1A Intracompany Transferee Executive or Manager Visa (L-1A Visa)? 

L-1A Intracompany Transferee Executive or Manager Visa, or L-1A Visa, is a business immigration Visa granted to employees seeking to enter the U.S. to work in a managerial or executive capacity for a branch of their same employer or a qualifying organization. 

Companies frequently use the L-1A Visa process to transfer a qualified manager or executor to work within America.

Who qualifies for the L-1A Intracompany Transferee Executive or Manager Visa? 

To qualify for the L-1A Intracompany Transferee Executive or Manager Visa, you must be an executive or manager at a company outside of the U.S. Your potential U.S. employer must file a petition for you to live and work within the U.S., and you must have specialized knowledge of the research, service, product, techniques, or management of business that has petitioned the Visa. To work for a qualifying organization, you typically must have worked there for a year within the three years before your admission to the U.S.

For additional requirements for the L-1A Visa, please see the U.S. Citizenship and Immigration Service’s website here. 

The Key Differences Between E-2 and L-1A Business Immigration Visas

You may have read this post and realized that you might qualify for both an E-2 Visa and the L-1A Visa; so, which one should you choose? The key differences between each Visa are the situations to which they apply, but if you qualify for both, it can be difficult to choose which one suits you and your business best.

If that is the case, you must look to different factors such as how long you are intending to live or work in the U.S., if you are also coming with your immediate family members, and whether you would want those family members to also live and work in the U.S. Depending on the answers to those questions, you may want to consider one Visa over the other. 

For example, the U.S. grants E-2 Visas for an initial period of up to two years. One benefit of an E-2 Visa is that the visa holder can apply for a two-year extension without needing to return to their home country. However, an E-2 Visa holder cannot plan to permanently reside in America. On the contrary, L-1A Visa holders have a more straight-forward path to residency and can apply for such residency while in America on this type of Visa.

To discuss the full pros and cons of each Visa, we recommend speaking to a talented professional like our lead attorney, Salma Benkabbou, Esq., who can help you strategically decide which one is best for you. 

How Our Immigration Attorneys Can Help Obtain your Business Immigration Visa

At The Benkabbou Law Firm, PLLC, we have helped many managers, executors, and investors successfully apply for E-2 and L-1 Visas. We know how daunting the immigration process can be, especially when it comes to migrating your business. Our firm focuses on both business law and immigration law separately, which creates an effective, combined approach to business immigration law. 

At our firm, we treat each of our clients’ dreams like they are our own. We make strategic decisions to not only benefit your business now, but will benefit for years down the line. We can help you make the right decision when it comes to choosing a Visa. Through a legal consultation, we will work with you to evaluate your problem and find solutions together. Please fill out this form if you are interested in receiving a legal consultation for your business immigration needs. We look forward to hearing from you and can’t wait to help you make your next big move.

New visa requirements have been announced for CW-1 employers in an effort to protect American workers from displacement or disadvantages against non-U.S. workers. 

While the U.S. allows thousands of foreign employees to work in America every year, all foreign workers must have the permission to work legally in the United States and in the CNMI, or the Commonwealth of the Northern Mariana Islands (CNMI).  

Many temporary workers of CNMI, however, do not qualify under traditional temporary worker categories under the Immigration and Nationality Act. These individuals are then eligible for the CNMI-Only Transitional Worker classification, or the CW Visa.  

Here at the Benkabbou Law Firm, we prioritize keeping our clients informed of business immigration law changes that may affect our clients. We have compiled a list of the changed requirements for you:  

NEW DHS AND USCIS REQUIREMENTS FOR CW-1 EMPLOYERS 

The IFR requires new steps for CW-1 employers when hiring:  

• Employers must enroll in the federal government’s online employment verification system, E-Verify, for all of their hiring sites in the CNMI;   
• They must also be in good standing within the E-Verify program; 
• CW-1 filings for FY 2020 must include an approved temporary labor certification (TLC) from the U.S. Department of Labor; 
• CW-1 employers must file a semiannual report verifying the continued employment and payment of the CW-1 worker; 
• USCIS is implementing this new statutory requirement through a new form, Form I-129CWR, Semiannual Report for CW-1 Employers.

Other updates in the IFR include:  

• Establishing minimum wage requirements for CW-1 employers; 
• Establishing procedures for revoking an employer’s CW-1 petition; 
• Incorporating the definition of a legitimate business as set forth in the Workforce Act.  

OUR BUSINESS IMMIGRATION SERVICES 

Business immigration law allow companies to utilize people with the specialized skills, knowledge, and investment capital they need to thrive. However, navigating these laws and determining the appropriate course of action while protecting yourself against enforcement efforts can prove to be a daunting and complex task.

With so much on the line, it is important to have a sophisticated Tampa business immigration lawyer with expertise in this area of law on your side. At the Benkabbou Law Firm, PLLC, we provide you with legal counsel you can trust to guide you through these processes, offering a range of business immigration services to meet your every need. 

If you need help paying for a business immigration attorney, please read our blog post on Covering the Cost of Immigration Fees here.

LET US HELP  

Are you one of the many CW-1 employers that need help navigating these new changes? We can assist with filing the new forms required by the IFR.  

Or, if you are a business owner who would not like to follow the new guidelines, please connect with us so that we can help you file a petition before the deadline.  

ABOUT THE BENKABBOU LAW FIRM 

The Benkabbou Law Firm, PLLC, is a boutique law firm located in Tampa, Florida. Our firm focuses on business law, immigration law, business immigration law, and intellectual property law. At our firm, we treat our clients like family and treat their interests and dreams as our own.  

OUR COMMITMENT TO OUR CLIENTS 

At the Benkabbou Law Firm, PLLC, we value keeping our clients informed of all possible problems they may face. We provide proactive legal solutions to help our clients avoid the possibility of liability, which saves our clients money, time, and resources. In uncertain times like these, we are prioritizing the long-term interests of our clients and their livelihoods.  

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DISCLAIMER: Information communicated in, to, or through this blog post and your receipt or use thereof: (1) does not create an attorney-client relationship; (2) it is not intended as a solicitation; (3) is not intended to convey legal advice or constitute legal advice; (4) and it is not a substitute for obtaining legal advice from an attorney. You should not act upon any such information without first seeking qualified professional counsel on your specific matter.