Eligibility to Travel on ESTA to the United States

What is ESTA or the Visa Waiver Program?

Electronic System for Travel Authorization (ESTA), also known as travel under the Visa Waiver Program (VWP). Nationals of certain countries are eligible to travel to the United States (US) for business or pleasure purposes for up to 90 days. This includes nationals of the United Kingdom (UK).

Who Cannot Travel under the VWP?

There are certain individuals who are inadmissible to travel to the US under the VWP and potentially also inadmissible on any other US visa. The most common issues tend to concern (but are not limited to) those individuals:

• With a criminal record

• Who have previously been denied a US visa

• Who have overstayed the permissible amount of time in the US

Travel to and Dual Nationality of Certain Countries

In January 2016, the US began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 . Under the Act, travellers in the following categories are no longer eligible to travel or be admitted to the US under the VWP:

• Nationals of VWP countries who have travelled to or been present in Iran, Iraq, Sudan, Syria, Libya, Somalia or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).

• Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

Those individuals may still be eligible for travel under the relevant US visa. Under the new law, the Secretary of Homeland Security may waive these restrictions if he determines that such a waiver is in the law enforcement or national security interests of the United States. Such waivers will be granted only on a case-by-case basis.

Do I now Require an Electronic Passport (ePassport) for ESTA?

All travellers wishing to enter the US under the the Visa Waiver Program now need to hold a passport with an integrated chip (an ePassport). 

What is Global Entry?

Global Entry, a Customs and Border Protection (CBP) Trusted Traveller Program, allows for expedited clearance of pre-approved, low-risk travellers. UK citizens could register for Global Entry since 3rd December 2015.

To register for Global Entry, UK citizens will apply through the UK.GOV website and pay a £42 processing fee. If the applicant passes, they will receive a “UK Access Code,” which applicants will enter when applying for Global Entry through CBP’s Global Online Enrollment System (GOES). The non-refundable application fee for a five-year Global Entry membership is $100 and applications must be made online. Once the application is approved, a CBP officer will conduct a scheduled interview with the applicant and then make a final eligibility determination.

Our firm has expertise in applying for B-1/B-2 waivers of inadmissibility for any of the above grounds. In particular, for those individuals who have been arrested for a Crime Involving Moral Turpitude (CIMT). It is important that if you have been arrested, even if you were not charged, or the charges were dropped, that you consult with an immigration attorney.

If you have any questions regarding eligibility travelling under ESTA, or regarding any other US immigration matters, please do not hesitate to contact our firm on:

 +44 (0)203 102 7966 or info@baimmigrationlaw.com

Potential Impact of Brexit on US Immigration

When we blogged on Brexit back in May, it was not as globally recognised as it is today. Britain has voted to leave the European Union (EU) on 23rd June, 2016, much to the surprise of the nation and consequently received some global criticism.

What is the Potential Impact of Brexit on US Immigration?

It could be argued that Brexit would lead to less US immigration by UK citizens, such as a decrease in investment, due to the slump in sterling. No one knows, however, if and for how long the pound will remain relatively weak. Arguably we could see a return to strength, as we saw the pound recently rise against the dollar. Perhaps the expert speculation was nonsense. The pound showed some strength just as Theresa May became the new UK prime minister.

Only time will tell.

What we do know is this, there is uncertainty. The US may not want to trade with UK businesses, which could ultimately lead to UK businesses opening US branches, or even closing their UK operation in order to invest in the US. We are, therefore, looking at a potential increase in E-2 Treaty Investor, E-1 Treaty Trade and L-1 New Office Intra-Company Transfer Visas.

Individual UK residents and citizens may seek employment or to study in the US if they believe the US economy is more stable. Here, we may see an increase in demand for H-1B Specialty Occupation, F-1 Student or J-1 Internship Visas. As the UK polls showed that the young generally voted to remain in the EU, the latter wouldn't surprise us.

Despite a “bad” exchange rate for Brits looking to invest in the US, perhaps we will generally see an increase in E-2 and EB-5 Investment due to other countries not wanting to invest in the UK. When a country looks at the UK and the US and only wants to invest in one of those countries, perhaps Brexit tilted them towards the US. Not that they are the only potential contenders, but you get our drift.

Either way you look at it, the UK economy is now uncertain, particularly in the short-term. America didn't like Brexit and we have upset the rest of the EU. It makes sense that we may see a rise in US immigration.

If you would like to schedule a consultation at our office regarding US Immigration, please visit our website at www.baimmigrationlaw.com and contact us on:

+44(0)203 102 7966 or info@baimmigrationlaw.com

Should I Keep My US Green Card?

Many of our clients who have obtained US Permanent Residency (Green Cards) subsequently return to their home country, or elsewhere. Sometimes this is a temporary move, but quite often they are moving back permanently and seek to abandon their green card. Even if they don't seek to, they may have been deemed abandoned involuntarily.

An immigration officer has a discretion to conclude that you have abandoned your permanent residency at the border upon re-entry. The officer needs to be convinced that you remain a resident of the US, in order for you to remain in permanent residency status.

If you find yourself in this position – you are thinking about or have returned to your home country, you should consult with a US immigration attorney regarding the correct steps to take. If you know that you will be out of the US for a relatively short period of time, an application for a re-entry permit can be made explaining the reason for not temporarily being resident in the US. Ideally this should be done prior to departing the US.

It may also be that you intended to leave the US for a very short period and now find that you have left for more than one year. What does this mean? Generally it means that you have involuntarily abandoned your permanent residency status. There may, however, be a way for you to rectify the situation if you wish to return to the US on your green card. An immigration attorney can assess your situation and decide upon the best approach. Whether you want to keep your green card or not, you should certainly get the appropriate advice as it is not as straight forward as you may think!

If you have any questions regarding your green card and immigration status, as well as any other US immigration matters, please do not hesitate to contact our firm on:

+44(0)203 102 7966 or info@baimmigrationlaw.com

The E-2 Treaty Investor Visa and Low Overheads

When applying for an E-2 treaty investor visa, a common question arises - my company is small, how can I show substantial investment? This is often echoed by Consultants and those who work in IT. US embassies and consulates will take into account the type of business you are starting (and the area where it will be located) when determining whether you have met the threshold of substantial investment. And a good US Immigration Lawyer can guide you through tips for how and where to spend your money in setting up your US business. Here are some of our favourite bits of advice we often give these clients:

 - Pay a full year's rent up front. Typically in an E-2 application, any monthly outgoings are limited to one month's worth. But if you pay the year's rent in full, the total amount is used instead.

- Hire professionals. Every business can benefit from professional help in areas such as tax and legal. Hiring a CPA to take care of the first year's taxes or a local Corporate Lawyer to advise you on what type of business structure you should opt for can save you money and time in the future. A Broker can help those who want to purchase an existing business (or start a new one) and do the research for you of what type and where best meet your needs.

- Count travel costs. All relevant business costs should be included so if you have made multiple trips to meet with suppliers and clients, check out the area and otherwise set up the business, all of these travel receipts should be included in the application.

If you would like to speak to an experienced US Immigration Lawyer about an E-2 visa, please email info@baimmigrationlaw.com or call +44 (0)203 102 7966

Brexit and the Impact on US-UK Trade and US Immigration

What is Brexit?

All Brits know, but for non-Brits, this is a fusion of “Britain” and “Exit,” in reference to Britain leaving the European Union (EU). On 23rd June, 2016, Britain will vote on whether they will remain within the EU, or leave. A simple majority will decide Britain's fate.

Why Some Brits Want to Leave the EU?

There are numerous arguments for and against, but the Brexit campaigners focus on the sovereignty of Britain and costly bureaucracy of remaining in the EU.

What is the Impact on US Trade with the UK and the US Immigration Field?

I am sure a lot of people are aware that President Obama has made his feelings clear. On his recent visit to the UK, he expressed his opinion quite explicitly. That he (and America) feels that Britain should remain in the EU. He has threatened trade consequences for a Brexit result, stating Britain would be at the “back of the queue” when drawing up potential post-Brexit trade deals with the US. As it currently stands, the tariffs on UK businesses exporting to the US are relatively low and the US is the UK's largest export destination.

Clearly one can't really know whether there will be any significant changes to US immigration. If it is difficult, however, for a UK business to export goods and services where they have a large US client base, they may seek to either invest and move their business to the US, or open a new US office.

Other foreign nationals who were contemplating an investment in the UK may look to invest elsewhere, such as the US. This is particularly the case for wealthy foreign nationals who wish to invest a large amount of capital. Perhaps they will be deterred by Brexit and shift their focus on investment in another strong economy, such as the US.

What are the Potential US Immigration Consequences for Voting In?

There are evidently a number of Brits that do not want to remain in the EU. This may lead to individuals emigrating to another country, such as the US. It is not unreasonable to assume that some of these Brits will look at investing in the US, studying, or look for jobs there. This is particularly the case for individuals with investment capital or “extraordinary abilities.”

Obviously this is all speculative, but it will be interesting to see what happens at the end of next month. Our firm specialises in US business immigration, to include:

• E-2 Treaty Investment Visas
• E-1 Treaty Trader Visas
• EB-5 Investment Green Card
• L-1 Intra-Company Transfer Visas
• H-1B Specialty Occupation Visas
• O-1 Extraordinary Ability Visas
• J-1 Internship Visas for Recent Graduates

If you have any questions regarding US visas, please do not hesitate to visit our website: http://www.baimmigrationlaw.com/ You may also contact us on:

info@baimmigrationlaw.com +44 (0)203 102 7966

ESTA and Electronic Passports

The US Embassy in London is reminding travellers that effective today, April 1, 2016, UK Citizens must have an electronic passport (e-passport) to be eligible for visa-free travel to the United States. 

An e-passport contains an electronic chip which holds the same information that is printed on the passport's data page. Among their many benefits, e-passports help to securely identify the traveller, provide protection against identity theft and protect privacy. 

The embassy advises that if one does not have an e-passport and still wishes to travel visa-free, then he or she should apply for a new e-passport before the next visa-free trip to the US. 

Buying a Franchise in the United States : Questions and Answers from a Company Broker

Today we have a guest blogger, Patrick Findaro, of Visa Franchise LLC answer our questions about the process of using a Broker to purchase a franchise in the United States. 

1. As a Broker, how do you help people who want to move to the US?

There are over 5,000 franchise brands and 700,000+ locations throughout the United States. It can be a daunting task to select the best franchise opportunity without an advisor.

At Visa Franchise, we provide assistance navigating the investment immigration process every step of the way alongside the immigration attorney. Through our client on-boarding procedure, we match your skill set, desired location and investment size to secure the best franchise opportunity.

2. Can you list the steps for us in finding a business to buy?

Although we work with new and existing franchises, we prefer new franchises for our E-2, L-1 and EB-5 direct clients. The investor will skip the negotiation process with multiple sellers and lengthy due diligence process. For more information on the pros and cons of new or existing franchises click here.

Steps for Finding and Investing in a New Franchise

1. Franchise consultation with Visa Franchise

2. Contract Visa Franchise for franchise search ($1,000)

3. Personal skill analysis

4. Franchise Search (3-4 weeks)

5. Franchise Selection

a. Introduction to select franchisors

b. Discovery day with franchisor(s)

c. Conversations with existing franchisees

d. Business due diligence

6. E-2/ L-1/ EB-5 Visa Business Plan (~$2,000 for E-2)

7. Deal Finalization

The complete process varies but takes between 2-3 months. After the franchise is purchased and investor visa issued, the client works with the franchisor for site selection, training, etc.

3. Which factors can make a business more or less worthy of your attention?

First, we like to study the industry of the franchise and growth prospects. Industries in franchising that are expected to continue to experience rapid growth for the coming years are largely in the service-related fields such as:

* Fitness

* Healthcare/Senior Care

* Education

* Pet Care

* Cleaning Services

There are many opportunities across specific sub-segments of industries like quick service restaurants.

As we analyze the particular opportunity these are some of factors we consider:

* Who the franchisor is, what its track record has been, and the business experience of its officers and directors

* How other franchisees in the same system are doing

* How much it's going to cost to get into the franchise

* How much you're going to pay for the continuing right to operate the business

* If there are any products or services you must buy from the franchisor and how and by whom they are supplied

* The hours and personal commitment necessary to run the business

* The financial condition of the franchisor and its system

4. How may a Broker and an Immigration Lawyer work well as a team to improve the experience for clients?

We find the when the Broker and Immigration Lawyer have clearly defined roles on serving the clients, the clients are impressed and satisfied with the service. Visa Franchise role is to act as the business advisor and provide on the ground support with local accountants and other trusted advisors. We also handle the business plan with experience professionals and the franchisor.

The immigration attorney is responsible for everything related to the visa petition and working with the client from an immigration prospective.

We work hand in hand with the attorney on verifying business opportunities that qualify for the E-2, L-1 or EB-5 visa.

When both parties respond promptly to our mutual clients, provide top quality service, and adhere to their defined roles, clients feel secure with the process and recommend friends and colleagues following the visa issuance!

5. What do you see as the main challenges for clients in the process?

Often times, our clients are not currently residing in the U.S. and communication issues can arise if not everyone is organized. Technology like Whatsapp and Skype ease the strains to a certain degree.

Most of the client challenges we see are internal. We have clients where one of the spouses is not 100% convinced on moving to the U.S. In other instances, the family is not sure where in the United States they would like to move or how much involvement they would like in the business from a day-to-day standpoint.

It is encouraged for the immigrant investor to arrange a U.S. trip to visit the prospective business opportunities and meet with local advisors.

For more information on Visa Franchise, visit their site, www.visafranchise.com or contact via email at info@visafranchise.com or phone +1-305-454-7744.

New Year, New You : Get Started on your Visa Application or Petition the Right Way

With all of the new years resolutions out there right now, who needs one more tick on their to-do list? The gyms are packed, the fridge is filled with healthy foods, and the bedside table is stacked with books that you will finish this year.

One of the best resolutions is to get a start on your US immigration petition or application. In order to do this, we urge potential clients to speak with an Immigration Lawyer in order to aide them in understanding the process and timeline. Sometimes our most independent clients wish that they had spoken with us before beginning the planning - an hour long consultation can make all of the difference in how to set up your plan for accomplishing a major feat in 2016 : a successful move to the United States.

In order to speak with an experienced US Immigration Lawyer about booking a consultation, please call us on +44(0)203 102 7966 or email us at info@baimmigrationlaw.com.

DHS Proposed Rule : Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers

On December 31, 2015, the Department of Homeland Security proposed amendments to its regulations related to certain employment-based immigrant and nonimmigrant visa programs. Many of the changes are aimed at improving the ability of US employers to hire and retain high-skilled workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents, while at the same time increasing the ability of such workers to seek promotions, accept lateral positions with current employers, change employers or pursue other employment options.

DHS proposes to amend its regulations:

1 - consistent with worker portability and other provisions in the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) and the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA).

2 - governing certain employment-based immigrant and nonimmigrant visa programs to provide additional stability and flexibility to employers and workers in those programs. This includes improving job portability for certain beneficiaries of approved employment-based immigrant visa petitions by limiting the grounds for automatic revocation of petition approval; further enhance job portability for such beneficiaries by increasing their ability to retain their priority dates for use with subsequently approved employment-based immigrant visa petitions; establish or extend grace periods for certain high-skilled nonimmigrant workers; and provide additional stability and flexibility to certain high-skilled workers by allowing those who are working in the US in certain nonimmigrant statuses, are the beneficiaries of approved employment-based immigrant visa petitions, are subject to immigrant visa backlogs, and demonstrate compelling circumstances to independently apply for employment authorization for a limited period.

3 - governing the processing of applications for employment authorization to minimize the risk of any gaps in authorization. These changes would provide for the automatic extension of the validity of certain Employment Authorization Documents for an interim period upon the timely filing of an application to renew such documents.

The comment period for the proposed rule ends on February 29, 2016.