12 July 2022: EB-5 wait-list-beating set-aside visas for new applicants

Residence and Citizenship by Investment2022-09-29T12:41:17+00:00

Global Residence & Citizenship by Investment

Investing has never been so profitable!

Invest in a Secure Future Today

Who we are

Residency Invest specialises in helping international investors, families and senior professionals achieve Residence & Citizenship by Investment in the United States of America, United Kingdom, Europe and the Caribbean.

About Us

What we do

Our expert team of immigration visa consultants provides a comprehensive resettlement package consisting of immigration, placement into business or compliant investment and, when needed, settlement services upon arrival.

Citizenship

Where we work

Residency Invest is the global leader in residence & citizenship by investment. We are headquartered in London with offices in Dubai.  Our highly qualified professionals work together as one team in many offices worldwide.

Residency

Make Residence & Citizenship by Investment Simple!

Free Consultation

WHY APPLY FOR RESIDENCY & CITIZENSHIP BY INVESTMENT?

Better Education for your Children

Send your children to the best educational institutes in the world, with favourable domestic admissions and reduced tuition fees

Freedom to Travel Globally

For internationally mobile entrepreneurs a second passport can make global travel much easier, without the need for repetitive visa applications.

Better Job Prospects for your family

Apply for jobs with a local residence status, without the need for constant working visa renewals and no path to Permanent Residence.

Relocate your entire family for a better life

Retire in New York, work in Spain, or send your children to the best schools in Europe, we will be able to find the residence & citizenship by investment program that’s right for your goals.

A stable Economic or Political Environment

You may wish to move to a country better able to match your needs and aspirations

With an added bonus of a secure future

A fresh start and a fresh business

Some countries have a more favourable tax position

“While applying for an American visa, Nick and his team were super helpful. At a time when we were overwhelmed with the requirements, they broke it down for us and helped us navigate the process perfectly.”

S.M. • Hong Kong

Your Residence & Citizenship by Investment Application Process

Residence and Citizenship by Investment.
May I apply for citizenship with my family?2022-09-29T12:40:40+00:00

Yes, you may apply for citizenship with your wife or husband, dependent children, and dependent parents. Fees for family members vary according to the number of family members included in a citizenship application.

Can You Get Portugal Citizenship by Investment?2022-09-29T12:40:08+00:00

Yes, if you receive a Golden Visa, you become eligible for citizenship after five years. Unlike other countries, you do not actually need to live in Portugal during that period to acquire citizenship via the Golden Visa route. You only need to spend seven to fourteen days per year in the country.

However, you will have to prove you have accommodation in Portugal, a steady income, as well as knowledge of the Portuguese language, at least on a basic level.

Family of E-2 Treaty Investors and Employees2022-09-29T12:39:30+00:00

Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. Spouses and children may seek E-2 nonimmigrant classification as dependents and, if approved, generally will be granted the same period of stay as the employee.  If the family members are already in the United States and are seeking changes of status to or extensions of stay in an E-2 dependent classification, they may apply by filing a single Form I-539, Application to Change/Extend Nonimmigrant Status, with fee.

Spouses of E-2 workers in valid E-2 or E-2S status are considered employment authorized incident to status, except for spouses of long-term investors in the Commonwealth of the Northern Mariana Islands (E-2 CNMI Investors) who are required to apply for employment authorization per 8 CFR 274a.12(c)(12).

DHS-issued evidence of such employment authorization, particularly that may be presented to employers for completion of Form I-9, Employment Eligibility Verification, include:

  1. An unexpired Form I-94 with a notation reflecting E-2S nonimmigrant status. As of Jan. 30, 2022, USCIS and CBP began issuing Form I-94 with a new admission code for certain spouses of E-2 workers: E-2S. An unexpired Form I-94 reflecting this new code is acceptable as evidence of employment authorization under List C of Form I-9.
  2. An unexpired Form I-94 with a notation reflecting E-2 nonimmigrant status, together with a notice from USCIS regarding the new admission code. USCIS will send E spouses with a Form I-94 issued by USCIS before Jan. 30, 2022, that was notated with E-2 nonimmigrant status and who are employment authorized incident to status, a notice regarding the new admission code that, together with an unexpired Form I-94 reflecting E-2 nonimmigrant status, serves as evidence of employment authorization for such spouses under List C of Form I-9. For more information, see this web alert.
  3. An unexpired Employment Authorization Document (EAD). E spouses who are employment authorized incident to status are not required to request employment authorization by filing Form I-765, Application for Employment Authorization, but may still file Form I-765, with fee, in order to obtain an Employment Authorization Document (Form I-766 EAD). Form I-766 EAD can be presented to employers as evidence of both identity and employment authorization acceptable under List A of Form I-9.
  4. An expired EAD with additional documentation to show the EAD is automatically extended (as discussed below).

Certain E spouses qualify for the automatic extension of their existing Form I-766 EADs if they meet the following conditions:

  • They timely filed a renewal Form I-765, Application for Employment Authorization, based on the same E nonimmigrant status; and
  • They have an unexpired Form I-94 showing their status as an E-2 or E-2S nonimmigrant.

Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the automatic extension period. Effective May 4, 2022, DHS is temporarily increasing the automatic extension period and providing up to 360 days of additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic EAD extension will therefore continue until whichever comes first:

  • The end date on the dependent spouse’s Form I-94 showing valid L-2 or L-2S nonimmigrant status, as applicable;
  • The date we approve or deny their application to renew the previous EAD; or
  • 540 days from the “Card Expires” date on the front of the previous EAD.

Additional information on the temporary increase of the automatic extension period is available on the Automatic Employment Authorization Document (EAD) Extension page.

Eligible E spouses may present the following evidence of the automatic EAD extension to employers for Form I-9 purposes:

  • Form I-94 indicating the unexpired E-2 or E-2S nonimmigrant status;
  • Form I-797C for a timely-filed EAD renewal application (Form I-765) stating “Class requested” as “(a)(17)”; and
  • The expired EAD issued under the same category, Category A17.

As discussed above, the E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, or the family members separately travel abroad and return to the United States within the new readmission period, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E status and apply for an extension of stay before their own validity expires.

General Qualifications of the Employee of a Treaty Investor2022-09-29T12:39:11+00:00

To qualify for E-2 classification, the employee of a treaty investor must:

  • Be the same nationality of the principal alien employer (who must have the nationality of the treaty country);
  • Meet the definition of “employee” under relevant law; and
  • Either be engaging in duties of an executive or supervisory character, or if employed in a lesser capacity, have special qualifications.

If the principal alien employer is not an individual, it must be an enterprise or organization at least 50% owned by persons in the United States who have the nationality of the treaty country. These owners must either: (a) be maintaining nonimmigrant treaty investor status or (b) if the owners are not in the United States, they must be, if they were to seek admission to this country, classifiable as nonimmigrant treaty investors.  See 8 CFR 214.2(e)(3)(ii).

Duties that are of an executive or supervisory character are those which primarily provide the employee ultimate control and responsibility for the enterprise’s overall operation, or a major component of it.  See 8 CFR 214.2(e)(17) for a more complete definition.

Special qualifications are skills and/or aptitudes which make the employee’s services essential to the efficient operation of the treaty enterprise. There are several qualities or circumstances that could, depending on the facts, meet this requirement. These include, but are not limited to:

  • The degree of proven expertise in the employee’s area of operations
  • Whether others possess the employee’s specific skills
  • The salary that the special qualifications can command
  • Whether the skills and qualifications are readily available in the United States.

Knowledge of a foreign language and culture does not, by itself, meet this requirement. Note that in some cases a skill that is essential at one point in time may become commonplace, and therefore no longer qualifying, at a later date.  See 8 CFR 214.2(e)(18) for a more complete definition.

How to Obtain E-2 Classification if Outside the United States2022-09-29T12:38:42+00:00

If the treaty investor is currently in the United States in a lawful nonimmigrant status, they may file Form I-129 to request a change of status to E-2 classification. If the desired employee is currently in the United States in a lawful nonimmigrant status, the qualifying employer may file Form I-129 to request a change of status to E-2 classification on the employee’s behalf.

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