Client Payment Portal

E Visa Update – December 2022 – New Domicile Requirements

Dec 19, 2022 | Announcements, Investor Visas

For an in-depth look at this topic and other E-2 Visa strategies, register for WR Immigration’s Jan. 19, 2023, webinar.

By Joey Barnett, Partner, WR Immigration

On December 15, 2022, Congress substantially changed E Visa eligibility, in particular for those who have used Citizenship by Investment program of countries to acquire citizenship in a treaty visa country. It appears President Joe Biden will pass this provision into law by end of year as part of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023.

Now, an E visa applicant must be domiciled in that country of citizenship for “a continuous period of not less than 3 years at any point before applying for an E nonimmigrant visa.” 8 U.S.C. 1101(a)(15)(E), which defines the E visa class, now states (with emphasis on the new provision):

An alien entitled to enter the United States under and in pursuance of the provisions of a treaty of commerce and navigation between the United States and the foreign state of which he is a national, or, in the case of an alien who acquired the relevant nationality through a financial investment and who has not previously been granted status under this subparagraph, the foreign state of which the alien is a national and in which the alien has been domiciled for a continuous period of not less than 3 years at any point before applying for a nonimmigrant visa under this subparagraph, and the spouse and children of any such alien if accompanying or following to join him; (i) solely to carry on substantial trade, including trade in services or trade in technology, principally between the United States and the foreign state of which he is a national; (ii) solely to develop and direct the operations of an enterprise in which he has invested, or of an enterprise in which he is actively in the process of investing, a substantial amount of capital.”

This residency requirement does not apply to individuals who has previously been granted E nonimmigrant status.

WR Immigration Partner Joey Barnett will be discussing this important new requirement and other E-2 treaty visa issues with Patrick Findaro of Visa Franchise on January 19, 2023.  Register now>> 

He will also be on WR Immigration’s next edition of “Chatting with Charlie Oppenheim” on January 10, 2023 to discuss the EB-5 Investor Visa Outlook for 2023.  Register now>>

Related Posts:

Update on the EB-5 Regional Center Program

September 2021 will come and go without a reauthorization of the EB-5 Regional Center Program, leaving over 85,000 foreign nationals in immigration limbo after investing a minimum of $500,000 into the U.S. economy.  Since the program lapsed on June 30, 2021, the EB-5 Industry has made efforts to spare current EB-5 Regional Center investors the headaches that have occurred due to the cycle of short-term reauthorizations by coming to a potential agreement on reforming and extending the Regional Center Program for multiple years.  Nevertheless, it appears that the U.S. Congress will seek to finalize legislation on the EB-5 Regional Center Program by December 3, 2021, the date that the federal government continues to run towards in the currently proposed “Continuing Resolution”.  USCIS has not released anymore guidance regarding the current Regional Center Program lapse, aside from what WR Immigration posted in early July.  Two big unanswered questions are: (1) Will USCIS continue to adjudicate interim benefits (work and travel authorization) for pending adjustment applicants based on an approved Regional Center Form I-526, and (2) How long will USCIS continue to hold pending Regional Center Form I-526’s in abeyance without further reauthorization?  We do not have the answer to the second […]

Read More

Best Practices for Expedite Request to USCIS and Recent EB-5 Success

By:  Joseph Barnett and Colin Gallagher Due to the uncertainty caused by COVID-19 and the current political regime’s anti-immigration rhetoric, the ability to expedite the adjudication of an application or petition for an immigration benefit is more important than ever. With the exception of applications or petitions that have Premium Processing Service available, USCIS will consider all expedite requests on a case-by-case basis. All expedite requests must be supported by documentary evidence, and the decision of whether to grant or deny an expedite request rests solely within the discretion of USCIS. Please note, the granting of an expedite request does not constitute an approval of the underlying application or petition. If the expedite request is granted, this merely means that USCIS will issue a decision faster than the normal processing time. Expedite Request Criteria USCIS has provided the following criteria to determine whether a given case is eligible for an expedite request: Severe financial loss to a company or person, provided that the need for urgent action is not the result of the petitioner’s or applicant’s failure to either (a) file the benefit request or the expedite request in a reasonable time frame, or (b) respond to any requests for […]

Read More