What Are The Common Reasons For The Rejection of EB 5 Visa?

United States Citizenship and Immigration Service is in the charge of US immigration programs including the EB 5 visa. Just like any other visa, there are certain requirements for foreign investors to complete in the EB 5 investor’s category. But problems like rejection may arise with your visa.

Thus before you apply for investor’s visa, you should know the factors that may result in the rejection. Entrepreneurs, their spouses and unmarried children under the age of 21 are not eligible to apply for a green card or permanent residence if they -

•    Do not make the necessary investment in a commercial enterprise in the United States.

•    Have no plans to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

EB-5 visa applicants will typically have to make either a $500,000 or $1 million capital investment amount into a U.S. commercial enterprise. The investment can be in the form of cash, inventory, equipment, tangible property and is accessed based on the U.S. dollar fair-market value. In case any of the applicants fails to do so, their applications are rejected.

The USCIS requires that EB-5 investments result in the creation of 10 full-time jobs for the U.S. workers. These jobs should be created within two year time period after the investor has received the permanent residency. In case the investor fails to prove that their investment has led to the creation of direct jobs for employees, then they may be not allowed for the EB-5 visa.

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How Can you Become a Citizen of The United States

Once you a become a citizenship of some country, you have all the rights as the country offers, such as the right to vote, to live abroad without losing the right to return among many others. Citizenship can not be obtained easily. All the immigrants to  U.S have their  own particular reasons for obtaining the citizenship.

Some people acquire citizenship immediately at birth and others confer it later in life. There are two paths you can acquire it, either by birth or naturalization.

By birth

Children born in America are automatically granted U.S citizenship, unless their parents are foreign diplomats, in which case they are not U.S citizen even if they were born there. Children born in a country other than U.S, but if their one or both parents were U.S citizens at the time of their birth, then also they are given the citizenship of U.S. An immigration lawyer can help you to figure the other rules.

Naturalization

It is a process by which a non-citizen can attain citizenship of the United States. There are some eligibility requirements for individuals before they apply for naturalization:

• You should be at least 18 year or above at the time of filling the form.

• You should have lived     in a state for at least 3 years continuously as a green card holder,     immediately preceding the date of filing the form.    

• The person should be     known for good moral character, attached to the principles of     constitution of U.S

• You should be     proficient in English. You should be able to read, write and speak in English.    
• It is necessary to pass a test on U.S history and government.    

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Different Visa Options For Foreign National Immigrants

Foreign nationals wish to go to the United States to either work or start a business can make their dream come true by applying for the right visa and fulfilling the visa requirements.

Here are a few types of visas that a foreign national immigrant can apply for according to their credentials -

B-1 visa

It is a temporary business visitor visa. Entrepreneur who wants to visit U.S. to attend a scientific, educational, professional, business convention or conference, negotiate a contract or consult with business associates can apply for this visa.

O-1 visa

Candidate possessing extraordinary ability in the field of science, arts, education, business, or athletics are eligible to apply for O-1 visa. This visa is classified in four types –

O-1A visa
O-1B visa
O-2 visa
O-3 visa

E-2 visa

It is a treaty investor visa. Candidate having substantial amount of money to invest in a new or existing business in U.S. can apply for E-2 visa.

L-1 visa


Companies operating both in the US and abroad can transfer certain foreign national employees to their U.S. company by this visa. This visa is categorized in two parts –

L1A visa - For managers and executives
L2B visa – For specialized knowledge staff

EB-1 visa

Candidate with extraordinary ability in the sciences, arts, education, business, or athletics, professors & researchers and certain multinational executives and managers are eligible to apply for this visa.

EB-2 visa

Candidates with advanced degrees or exceptional ability in the sciences, arts, or business having job offer in the U.S. can apply for the EB-2 visa.

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TN Status For The Citizens of Canada And Mexico in America

In America, TN status is issued to the citizens of Canada and Mexico. For getting this special non-immigrant status, a person’s profession must be identified in the North American Free Trade Agreement (NAFTA). By receiving this status, a person becomes eligible to work legally in each other’s countries. This agreement began in 1994 to create economic, trade and labor relationship between countries.

For applying it, a person must present an employment letter along with university degree and other documentation. The period of stay in this status is three years. This period can be extended. TN status holders, who are Canadian citizens, have to pay federal and social security, US Medicare, state taxes.

In the NAFTA agreement, some professions are identified as a legal work. Few of these professions are accountant, animal breeder, architect, astronomer, biochemist, biologist, chemist, computer systems analyst, dentist, dietitian, dairy scientist, engineer, economist, epidemiologist, forester, geologist, geophysicist, veterinarian, geochemist, graphic designer, horticulturist, hotel manager, interior designer, industrial designer, lawyer, librarian, landscape architect, social worker, land surveyor, mathematician, management consultant, zoologist, meteorologist, nutritionist, physician, physicist, teacher, pharmacist, psychologist, silviculturist, plant breeder, poultry scientist, registered nurse etc.

Dependents of TN status holder can enter in United States by getting TD status. Dependents include spouses and children under the age of 21 of TN status holder.

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Hard Work Definitely Makes Presence Felt!

Not all have the ability to achieve what they want, but only those who dream big are able to reach their goals and turn problems into successes.

However, it might take years, but hard work definitely pays and makes presence felt in the public.

Talking about the field of immigration, one attorney who has reached up to great heights of success all because of his hard work and dedication is Michael Wildes. He focuses to solve legal problems that include employment-based immigration, mergers and acquisitions, crisis communication, job portability, remedies for status violations, worldwide U.S. consular practice, and others

Before indulging in the field of immigration law, Michael Wildes tried his hands in a number of civil fields, such as NYPD. Later he also succeeded in winning the position of the Mayor for Englewood district, New Jersey for two successive years 2003 and 2006.

Lawyer Who Stands Out To Be The Perfect Legal Guardian- Michael Wildes

Undoubtedly, most of us get into different sorts of immigration problems at some or the other point. In order to get out of the messy situations, we spend a lot of time and money seeking for the perfect lawyer.

However, there are only few lawyers who can actually take you out from the mess and meet up to your expectations. Mr. Michael Wildes is one of those lawyers, who have been successful in helping out people come out from legal turmoil’s.

He has fought and won numerous immigration cases and set a benchmark for other legal experts. His clients include some of the most influential people from the showbiz and sports world.

His expertise guidance has made people trust him blindly, for different sorts of legal troubles. He has made a global mark in the industry by helping a number of clients from different countries of the world.

Role of an Immigration Lawyer in Safe And Smooth Migration

Moving to a country like United States is not an easy task because it includes lot of paper work and US immigration laws are complex to understand for people that do not have required information. In such situations, it is essential for migrants to seek help from professional immigration lawyers. Following are the main reasons why you need an expert on your side to ensure safe and smooth migration-

• Your lawyer will take complete charge of all the paperwork for your application, which means that you would not need to worry about it at all. He can get it all organized to lodge your application as quickly as possible.
• Hiring an immigration lawyer can help prevent unnecessary delays, file rejection, etc. that can occur due to incomplete or incorrect information, as you might not have the updated information about the immigration laws.
• You can also count on such professionals for best possible counsel if you were previously deported, have experienced a visa rejection, etc. Your lawyer can evaluate everything and will make appropriate changes to improve your chances of success.
• Your lawyer will represent you in any hearings before immigration authorities to present facts. He will also keep you updated about the progress of your application through different modes of communication.

Michael Wildes is one of the most dependable immigration lawyers in the United States. He is the managing partner of a renowned immigration law firm Wildes and Weinberg. This firm has developed considerably under his guidance and knowledge.

Michael Wildes Reviews on the web tell a lot about his success in the industry. His clients have posted many positive reviews about him in which they have shared their pleasant experience using his various services.