6 mitre passage, greenwich, london, se10 0er united kingdom
+44(0)203 102 7966
A lot of our business clients send large sums of money to the United States, particularly for the E-2 Treaty Investment Visa.
Our current and prospective clients may be interested in speaking with Halo Finanical who offer a trusted international transfer service.
Please see their enclosed leaflet for more information and do not hesitate to contact them directly with any questions you may have.
The United Kingdom is facing a significant cost-of-living crisis post-Brexit in 2016, exacerbated by the economic impact of COVID-19. This crisis disproportionately affects those with lower incomes, and the UK economy is currently in a challenging state.
Impact on US Immigration
A weaker UK economy has led to an influx of foreign investments into the more stable US economy. Many UK citizens are choosing to invest in the US via the E-2 Treaty Investor visa, which allows them to work in the US at their invested organisation. This trend contrasts with the lengthier and higher investment requirements of the EB-5 Investor Green Card.
Additionally, UK companies expanding trade relations with the US often find the need to establish a US office. This demand is driven by factors such as lack of confidence in the UK economy and unresolved trade barriers. Temporary transfers of UK employees to these US offices necessitate visas like L-1 Intra-Company Transfer, E-2 Treaty Investor, or E-1 Treaty Trader Visa.
UK Professionals Seeking Opportunities in the US
Notably, young professionals in the UK are increasingly seeking employment in the US, often through visas like H-1B Specialty Occupation or O-1 Extraordinary Ability visas. The allure of a stronger US economy attracts some of the brightest talents from the UK.
Projected US Recession
Economic experts predict a potential US recession in early 2024, although it is anticipated to be less severe than the situation in the UK. Currently, the US is experiencing "immaculate disinflation," wherein inflation is decreasing without compromising economic growth.
Our Services
Our firm specialises in US business immigration, offering a range of visas including E-2 Treaty Investment, E-1 Treaty Trader, L-1 Intra-Company Transfer, H-1B Specialty Occupation, O-1 Extraordinary Ability, and J-1 Internship visas. We also provide assistance with immigrant/Green Card options.
For more information about US visas or to discuss your specific needs, please visit our website: www.baimmigration.com Alternatively, you can contact us at:
Email: info@baimmigrationlaw.com
Phone: +44 (0)203 102 7966
B&A Immigration are excited to announce that Kelly Brackley will be speaking at an upcoming webinar on moving to the United States through investment. Kelly will be discussing the visa options for investing and working in the US, to include the E-2 Treaty Investment visa.
If any of our current, previous or prospective clients are interested in registering for this free webinar, please click on the link below. B&A will be joined by Halo Financial, Sestini & Co and Knight Frank.
https://www.eventbrite.co.uk/e/immigration-to-the-usa-through-investment-tickets-244340949357?aff=BAImigration
I am excited for our upcoming webinar on investment in the US, this Thursday the 6th May, being hosted by Halo Financial. See details below. It will be starting at 7:30 pm GMT and finishing around 9 pm.
I will be focusing on the different types of visas you can obtain for investing, mainly focusing on the E-2 Treaty Investor Visa, which is special to the UK (and other countries) who have a treaty with the United States. At the moment we are unable to get regular appointments at the US embassy in London, due to it being closed, but sometimes we can obtain expedited appointments if it will be in the national interest.
I will also be speaking about national interest exceptions to the travel ban at our free webinar this Thursday. If you would like to learn more, please register below.
https://www.linkedin.com/events/immigrationtotheusathroughinves6790942203062624257/
Email: kelly.brackley@baimmigrationlaw.com
I am working from home at the moment, during lockdown, COVID-times. I am going to be posting a few video-blogs over the next week or so, in regards to US immigration, the new President, what that means and how we expect things to hopefully improve this year and if not, 2022.
It has been a long time since UK-residents have been able to travel to the US, or even go on holiday. Trump’s travel ban was issued on March 12th 2020. This was extended by Biden earlier this year. They are being wary of the COVID cases that there have been in the UK, Europe (Schengen region), and this has impacted a lot of my clients, particularly those who have been wanting to expand their business to the US, or are waiting for embassy appointments. Those outside of the US, have been unable to physically get that US visa, as well as travel (due to the travel ban).
There are exceptions, of course, to the travel ban. I have discussed this in more depth in my previous written blog. Such as US citizens that have been in the UK, green card holders and their spouses and children. B&A Immigration have been working with a lot of businesses that really needed to be out there because it is in the national interest. This is called a national interest waiver to the exemption to travel. It’s quite tough to get, but sometimes we can show that certain companies/individuals are benefiting the US economy. That even if they left the US for one reason or another, they are still required back in the US and that it indeed, will be in the national interest.
We are hopeful that things are going to improve. There have been talks of a US-UK travel corridor, but we shall see!
If you would like to learn more about your US business expansion options, please contact:
kelly.brackley@baimmigrationlaw.com
+44(0)203 102 7966
Kelly Brackley at B&A Immigration is one of six panelists speaking at a webinar tomorrow evening at 6:30 pm GMT. She will be covering the student visa options for both undergraduates and postgraduates attending U.S. universities and colleges, as well as discussing Optional Practical Training (OPT), OPT extension in STEM subjects, as well as the potential to extend OPT between expiration of the validity where an H-1B Cap Petition is pending with USCIS.
What is OPT?
Optional Practical Training (OPT) is available for many foreign students attending US universities and colleges. The initial length is 12 months and can take place during or after the course of study. This allows the student and/or graduate to “work” in the US in their relevant area of study. If the student elects to commence this prior to graduation, they can do so after one year into their studies. Those students who wish to extend this training may do so in training that relates to STEM subjects only. OPT STEM Extension can be for up to a further 24 months.
What is an H-1B Visa?
An H-1B visa is a non-immigrant employment visa in areas of “specialty occupations.” Many foreign graduates that have studied at US universities, go on to obtain job offers. The relevant visa is usually an H-1B visa.
Why is timing Important?
An H-1B Petition can only be filed from April 1st every year, for employment to commence from October 1st that same year. Quite often these petition are cap exempt due to the applicant’s qualifications and/or the petitioning organisation. This means that there are only 65,000 of these visas and that filing must be on April 1st in order to increase the chances of being “selected” in an inevitable visa lottery. In the time between filing the visa and commencing employment, the graduate will likely want to continue their training/employment. Fortunately, if the petition is indeed subject to the cap, the applicant may qualify for an extension of their F-1 OPT status and the relevant Employment Authorization Document (EAD).
If you would like to hear more on this subject, to include studying in the US in general, as well as transferring funds and investing for a US education for your child, please register for our webinar:
https://pages.crimsoneducation.org/WB-2020-11-UK-CrimsonHalo-US-Panel-Webinar_1-LP-CrimsonHalo.html
Please contact: kelly.brackley@baimmigrationlaw.com if you have any questions.
www.baimmigrationlaw.com
Since the global pandemic and lockdown, immigration has clearly been impacted by Covid-19. The United States (US) were one of the first to go into lockdown and have experienced the highest rates of covid-related deaths. The Trump Administration responded by closing their borders, banning travellers of certain countries and finally (and most recently), by suspending certain US visa categories.
As early as the 31st January, President Trump announced the suspension of entry into the US of foreign nationals who “pose a risk of transmitting the coronavirus.” This was aimed at the Chinese and those that had recently travelled to China. On 29th February, he further barred the entry of foreign citizens who had travelled to Iran within the last 14 days. On 11th March, it was announced that foreign citizens who had visited Europe within the last 14 days, were barred from entry to the US. Initially this did not include the United Kingdom (UK) and Ireland. It only took three days for the US to announce that this was extended to the UK and Ireland, on 14th March.
On 18th March, the US-Canadian border was temporarily closed to non-essential traffic and on 20th March, the US-Mexican border was also temporarily closed. In Trump's “National Emergency” Proclamation re: Covid-19 on 13th March, he specifically referred to the bar on entry to the US of foreign nationals who had travelled to China (excluding the Special Administrative Regions of Hong Kong and Macau), Iran, the Schengen Area, the UK (excluding overseas territories outside of Europe), and Ireland. On 24th May, Trump issued a proclamation extending the bar on entry to those who had travelled to Brazil.
Of most significance were the later proclamations on 22nd April and 22nd June. They refer to how American livelihoods have been significantly disrupted. On 22nd April, the proclamation refers to 22 million Americans filing for unemployment..It is here, that Trump restricts Lawful Permanent Residents (green card holders), from entering the US. It is insinuated, that their “open market” employment authorization documents, are a threat to US citizen jobs. Those individuals who were outside of the US when their employment-based green card was being processed, or even approved, were directly impacted. It was initially put in place for 60 days, but was extended further on 22nd June, until at least 31st December, 2020. The most shocking new revelation in the latest proclamation, was that certain non-immigrant visas had also been suspended:
L-1 Intra-Company Transfer Visas
H-1B Specialty Occupations and Fashion Model Visas
H-2B Temporary Worker Visas
J Visas (Interns, Trainees, Teachers, Camp Counsellors, Au Pairs, Summer-Work Travel Program)
Whilst this did not cancel valid visas, it meant that pending applications and even approved petitions were impacted. Our firm processes both non-immigrant and immigrant visas. In regards to business visas, we predominantly work with UK-based SME's seeking visas such as the L-1 Intra-Company Transfer visa, for employees of that company. This came as a shock to both our firm and clients who have to anxiously wait for the next update. Even if general travel to the US commences by January, will our client's with pending or approved L-1 petitions, be able to obtain their visa and travel to the US on this visa early next year? Will President Trump extend the suspension (if re-elected) and hold off on allowing foreign workers into the US?
It is an uncertain time for all foreign companies who have US-based offices with foreign workers on US visas. Not only are we faced with unprecedented times, but we also have a President who is trying to appease the right wing America, a mere four months away from election. It’s more than just Covid-19. It’s about American jobs in general.
What does this mean for foreign employees that are based in the US on visas, or foreign employees they need in the US? Are there other visa options?
There is no way of knowing whether the proclamation will be extended, but as a company or individual, you may have another visa option, such as an E-1 or E-2 visa.
If you wish to discuss this with an immigration attorney at our firm. Please visit our website on www.baimmigrationlaw.com
+44(0)203 102 7966
info@baimmigrationlaw.com
Halo Financial has written an update on the recent USD exchange trends. If you are considering transferring money to or from the United States you should check out their article, US Dollar on a Rollercoaster Ride of Data and Politics. It talks about what has been happening in the news that is affecting the currency and gives guidance to both USD buyers and sellers.
When applying for an immigrant visa for your spouse (called an IR-1 or CR-1), the first stage of the process is called an I-130 petition. This petition is filed with the United States Citizenship and Immigration Services (USCIS) which has two lockboxes - one in Chicago and one in Phoenix.* If the US Citizen spouse lives abroad, (s)he can file the petition with the Chicago lockbox.
However, depending on your circumstances, there may be a USCIS office abroad where you are eligible to file. Why would you want to do this? Wait times abroad can be much shorter at an international USCIS office than at a US-based lockbox.
At present, there is a USCIS field office in London where US Citizen residents of the United Kingdom can file an I-130 on behalf of a spouse. You must include evidence of your UK residency status with the petition. Please see the field office's website here for more information.
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* To see the most updated instructions on where to file an I-130, please see the USCIS website here.
To speak with an experienced US Immigration Lawyer regarding filing an I-130 for your spouse, please email info@baimmigrationlaw.com or call 02031027966.
Many people get confused about a US visa expiration date - and how it affects their immigration status. A visa expiration date is separate from a status - understanding this distinction is important to avoid accidentally breaking immigration laws.
What is a Visa Expiration Date?
When a visitor has a visa approved, the date on it is the time period during which the visa holder will travel to the US to ask for permission to enter the country. The border officer will then inspect the visa holder and decide whether to allow him or her to enter, and for how long.
What is a Visa Status?
A visa status is granted when the border officer allows a visa holder to enter the US. The officer will determine how long the visitor will be 'in status' before they either must leave the US or apply for an extension. The status expiration date is recorded as an I-94 number. The visitor must also follow any rules that a visa status carries (these typically follow the visa category - ex. an E-2 investor directing and developing a business), or will be 'out of status'.
Before 2013, the I-94 stamp with a handwritten expiration date was used in a passport to confer the time period a visitor would be in status. However, since then, US CBP has begun using a website for international travelers to check their I-94 date, travel history and compliance. The website may be found here.
It is important that travelers understand this difference - that a visa is a document which only confers a potential entry into the US, so its expiration date may lapse while the visitor is still legally in status within the US. It is important to stay in status by noting an I-94 date and ensuring that you depart the US or apply for an extension by that time. For that reason, it is best practice to print off your I-94 each time you travel to the United States.