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I petitioned for my sister for an immigration visa in 2010…

hello - I petitioned for...
hello - I petitioned for my sister for an immigration visa in 2010 and it looks like the wait time never changes and there is no way to expedite the process.I looked at ways to see if she can be hear while an immigrant visa becomes available. The one that may work is the H2 visa as a treaty investor. She is Jordanian national and she is currently residing in the UK. She has permanent residency in the UK and believe in 1 year will become a UK citizen if that makes a difference.I am wondering what are the steps needed for the H2 visa. I have a business I can sell to her and her and her family can use it as their source of income when they get here.
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Answered in 18 minutes by:
10/7/2017
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,918
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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I think you mean the E-2 visa. How much money will she invest? In what city and state in the U.S.?

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Customer reply replied 8 months ago
E-2 visa. The business will cost them $75,000 in Sacramento, CA.

That's what I was afraid of. That's a little low. While the law only says, "substantial investment", for the E-2 visa they usually look for around $200,000 or more. This is because anything less is a weak case that could easily fail. And they will not approve a visa for a business that they think will easily fail and she would end up being out of status. Sacramento, CA probably has a higher cost of living than most cities in the U.S. which makes that small investment even worst. Investing in a big city like Las Vegas, New York, Los Angeles, Miami, Dallas, Atlanta, Chicago, etc., where most people want to live, where the cost of living and doing business is much higher, would require a much higher investment. If $75,000 is all she has and she still wants to be successful with the E-2, she may have to open the business in some small town in the middle of nowhere that has a very low cost of living and doing business, like maybe a small town in North or South Dakota, Utah, Nebraska, etc. This is because a $75,000 or so investment would have a better (but not great) chance of succeeding in such a location.

Usually attorneys do not take cases of E visas for less than a $200,000 investment because they do not want to risk losing the case and having an upset client because the client has to have the money already invested and at risk and if it is denied, they have to try to sell the business or something to try to recoup their investment.

Here is a link to the E-2 if you want to read more:

http://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

Also, keep in mind that the E-2 is still a non-immigrant visa that requires non-immigrant intent. They are more lax with that visa, but having a pending I-130 could cause problems.

Another option is if she owns a business outside of the U.S. for more than 1 year and will continue to run that business even after she opens a business in the U.S., then she can invest $100,000 or more in a U.S. business (doesn't have to be the same business, but must be related by ownership) and she can try for an L-1A visa. This visa does allow dual intent. Here is a link to that, but keep in mind that both businesses have to be run and should be successful. She can't just come to the U.S. and forget about the non U.S. business outside and let it die:

http://www.uscis.gov/working-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager

Also, the latest trend with the L-1A is the creation of a few jobs for U.S workers. So keep that in mind as well.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 8 months ago
I've never heard of the L-1A visa. It seems like a good option. They do own a business the UK now so that might actually work. Just curious, is there any nationality restrictions on the L-1A visa?

There is no specific nationality restriction for the L-1A.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 8 months ago
Thank you very much. Curious to know if you take new cases for L-1A visa applications and how much would that cost.

I usually refer them to a friend of mine. Attorney fees can range from $3000 to $6000 or more. Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,918
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 8 months ago
Ok great. Can you share their info?
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