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USCIS announced that its Premium Processing fee will increase from $1,410 to $1,440 starting December 2, 2019. This is the second increase in Premium Processing fees in two years. Prior to that, the fee remained at $1,225 for about 10 years. USCIS provides a list of available applications that are eligible for premium processing. Premium processing is most commonly used for H-1B, TN, E-2, R-1, L-1, O-1 visas, as well as employment-based green card petitions.

Beginning on June 10, 2019, citizens of New Zealand will be able to qualify for E-2 treaty investor visas.

What is an E-2 visa?

E-2 visas allow New Zealand citizens to either start a new business or to purchase an existing business in the U.S.  With the visa, the applicant is permitted to oversee and direct day-to-day operations of the business.

Is there a minimum investment required to qualify?

USCIS or the Foreign Affairs Manual (FAM) does not specify any specific amount of investment to  qualify for an E-2 visa.  However, it is clear that the investment must be considered “substantial.”

How much of the business do I need to own?

The applicant must own at least 50% of the U.S. business in order to qualify as an E-2 investor.  If the applicant owns less than 50%, he or she may still be eligible for an E-2 visa so long as the business itself is at least 50% owned by New Zealand citizens.

Can my family members accompany me to the U.S.?

Yes, investors or employees with E-2 visas may bring their spouses or children (under 21 years of age).  The spouses are entitled to work authorization and the children may attend public school.

What kind of business qualifies for an E-2 visa?

There is no specific type of business that qualifies, though it must be an active commercial business.  In other words, the business must sell or offer some type of service, product or goods.  Typical E-2 businesses include:  coffee shops, professional services, retail establishments, and manufacturing companies.

Can employees come to the U.S. to work for the E-2 business?

New Zealand E-2 investors can bring executives and specialized knowledge employees under E-2 employee visas to carry out work for the U.S. company.

Are spouses of E-2 visa holders eligible work for authorization?

Yes, husbands and wives of of E-2 investor or employees are eligible to apply for employment authorization.

Learn more about the E-2 treaty investor visa.

K-1 Nonimmigrant Visa for Fiancé(e) 90-day Requirement

Overview of the K-1 visa process

You have completed the application process, form I-129F, with USCIS and your fiancé(e) has gone to their interview at the respective consulate or embassy in their home country and their K-1 fiancé(e) visa was approved. Your fiancé(e) has entered the United States with their K-1 visa and you have heard about a 90-day rule but you aren’t sure what you are required to do in that period.  This article will go over what needs to happen in those 90 days and what can happen if you don’t meet the deadline.

What do we have to do in 90 days?

Your fiancé(e) has entered the United States through a port of entry and a CBP officer has stamped their passport and/or stapled form I-94 to their passport. This stamp or I-94 has an entry date and an “admit until” date.  You have from the date of entry until the “admit until” date to get married. In other words, you must get married in within 90 days of entering.

What happens if we don’t get married in those 90 days? 

You must get married with in 90 days – there is no way around it.  If the K-1 visa holder and their fiancé(e) do not get married before the 90 days, the visa holder must leave the United States as soon as possible or they could face a bar from entering the United States in the future.  There is also no extension for a K-1 visa.

If you did not get married before the 90 days and have questions about what to do now, please contact our office to talk to our attorneys as soon as possible.

In this post we will discuss what is an I-551 Temporary Evidence Stamp and when and how to get one from your local USCIS field office.

What is a I-551 Temporary Evidence Stamp?

An I-551 Temporary Evidence Stamp is a stamp obtain from a local USCIS field office and serves as an extension to 1) a Lawful Permanent Resident Card or Green Card that is currently awaiting USCIS action to either be renewed; 2) a pending Form I-90; or 3) waiting for a conditional residence status to be removed (Form I-751).

There are two types of I-551 Temporary Evidence Stamps.  The first is the stamp a legal permanent or conditional resident gets from USCIS for emergency situations such as having to travel while their application is processed (Advance Parole) or needs proof of legal status for certain benefits.

The second is the visa given to immigrants entering to the United States from their home country and have obtain an immigrant visa from a U.S. embassy or consulate in their home country.  The visa used to enter the United States serves as an I-551 while waiting for USCIS to process the new immigrant’s green card.

Why get an I-551 Temporary Evidence Stamp?

You should get an I-551 Temporary Evidence Stamp if you are a legal permanent resident of the United States and you are waiting for USCIS to adjudicate your pending Form I-90, or you are a conditional resident waiting for your Form I-751 to be approved and you need to travel or need to show your status is current.

Due to current wait times for the above-mentioned applications to be approved, you may also need to get the I-551 stamp if the expiration date on your green card or extension notice is getting closer and you need to travel outside the United States.  In some cases, you might also need this to get certain state benefits such as your driver license renewed.

It is also good to get the I-551 stamp until you receive your new card if you have lost your green card or had it stolen.

An I-551 stamp should only be used in emergency situations – not because you forgot to submit the required form to renew your green card.

How to obtain I-551 Temporary Evidence Stamp?

In order to obtain the I-551 Temporary Evidence Stamp, you will need to call USCIS at 1-800-375-5283 to schedule an InfoPass appointment with your local USCIS field office. At your InfoPass interview, the USCIS officer will put a stamp in your passport.

Beginning in May 2019, citizens of Israel will be eligible to apply for E-2 treaty investor visas.

What is an E-2 visa?

The E-2 visa allows citizens of Israel to buy an existing business or to start a new business in the United States, and to apply for a visa in order to oversee its operations.

How much do I have to invest?

There are no specific minimum investment requirements to qualify for an E-2 visa.  The regulations state that the investment must be “substantial” relative to the nature and type of business.

Do I have to own 100% of the business?

To qualify for an E-2 investor visa, an Israeli citizen must own at least 50% of the U.S. business.

Can I bring my family with an E-2 visa?

Principal applicants of an E-2 visa can bring their spouses and any children under 21 as dependents.

What type of business should I invest in?

The regulations require the investment to be in an active commercial business.  This usually means a business that offers a good, product or service.  Examples can include:  restaurants, retail stores, manufacturing companies, etc.  Investment in real estate will not qualify for an E-2 visa because it is considered a passive investment.

Can I bring employees from Israel with an E-2 visa?

Yes, Israeli citizens with approved E-2 investor visas may bring certain employees to work in the U.S. for the E-2 company.  As with the principal investor, employees may also bring spouses and children under 21.

Can spouses work in the U.S.?

Spouses of E-2 visa holders are permitted to apply for employment authorization upon entry to the U.S.

Learn more about the E-2 visa by clicking HERE.