Immigration Law

Immigration Law

At Kostiv and Associates, we offer a wide range of immigration legal services. We focus on immigrant and nonimmigrant visas for foreign investors and business people. Our attorneys assist clients from all over the world to obtain E visas, EB-5 visa, and L visa.

Key features of an Investment-Based Green Card

Here are some of the advantages and limitations to an investment-based green card.

  • As long as you have money to invest and can demonstrate that you are in the process of investing it in a for-profit business, you yourself do not need to have any particular business training or experience. Nor does it matter which country you come from, although the immigration authorities are more suspicious about fraud with applicants from certain countries.
  • You can choose to invest your money in a business anywhere in the U.S., so long as you maintain your investment for at least three years and are actively engaged with the company you invest in.
  • After approximately the first three years you can work for another company or not work at all.
  • You must actually live in the United State-you may not use the green card only for work and travel purposes.
  • Your spouse and unmarried children under the age of 21 can get green cards as accompanying relatives.
  • Your green card will initially be only conditional-that is, it will expire in two years, after which you will need to apply to renew it and make it permanent.
  • As with all green cards, yours can be taken away if you misuse it-for example, you live outside the U.Ss for too long, commit a crime, or even fail to advise the immigration authorities or your change of address. However, if you keep your green card for five years and live in the U.S continuously during that time (yes, your two years as a conditional resident count), you can apply for a U.S citizenship.

Key features of the E-Visa

Here are some of the advantages and disadvantages for the E-visa:

  • You can work legally in the U.S. for a U.S. company if more than 50% of its business is with your home country, and your country has entered a trade treaty with the United States.
  • You are restricted to working only for the U.S. employer or a self-owned business that acted as your visa sponsor.
  • Your initial visa may extend up to two years, with unlimited possible two-year extensions.
  • Visas are available for your accompanying spouse and minor children, but your children may not accept employment in the United States.
  • Your spouse may accept U.S employment.
  • You may travel in and out of the U.S or remain here continuously until your E-1 status expires.

E2 nonimmigrant visa allows businesspeople from certain countries to work in the U.S. for a business in which people from their country have invested. Like E1 visa, E2 visa is the next best option to permanent residence because of the possibility of self-employment and unlimited number of extensions.

Do you qualify for an E-2 Visa?

There are six Requirements for getting an E-2 visa:

  1. You must be a citizen of a country that has an investor treaty with the United States.
  2. You must be coming to work in the U.S for a company you own or one that is at least 50% owned by other nationals of your home country.
  3. You must be either the owner or a key employee of the U.S. business.
  4. You or the company must have a substantial investment in the U.S. business.
  5. The U.S. Company must be an active for-profit business.
  6. You must intend to leave the U.S. when your business here is completed.

Key features of the E-2 Visa

Here are some of the advantages and disadvantages of the E-2 visa:

  • You can work legally in the U.S. for a U.S. business in which a substantial cash investment has been made by you or other citizens of your home country, so long as your country has a trade treaty with the U.S.
  • You may travel in and out of the U.S. or remain here continuously until your visa and status expire.
  • You are restricted to working only for the employer or self-owned business that acted as your E-2 visa sponsor.
  • Your initial visa may last up to five years, with unlimited possible five year extensions.
  • Each time you enter in the U.S. you will be admitted for two years.
  • Visas are available for your accompanying spouse and minor children, but your children cannot work here.
  • Your spouse will be permitted to accept employment in the U.S.

EB-5 immigrant visa allows wealth people willing to invest in the U.S. economy to obtain permanent residence in the United States.

E1 Visa helps citizens of the countries who have treaties with the United States to more easily engage in international trading activities.

L1 Visa allows managers, executives, or especially knowledgeable employees who work outside the United States for a company that has an affiliated entity inside the U.S. to come to the U.S. and perform services for that entity.