AREAS OF PRACTICE

Areas of Practice

Our firm believes in the importante of providing thorough legal advice. No single case is similar to the other. Nationalities, amounts of investment, immigration history, and family members are varying factors that could change the course of any case.

Ivañez Global believes in a one-on-one approach with our clients. Our boutique law firm limits the number of cases it handles per month and our team maintains up to date knowledge on every case and is able to provide updates and guidance for any matter we handle.

At Ivañez Global, we provide legal advice only after analyzing details of the case to ensure proper guidance. Having a proper consultation is a valuable asset to ensuring that you are getting case-specific information and not a generalized approach to the case.

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Investor Visas

EB-5 Immigrant Investor:

To obtain permanent residency status — a Green Card — through the through the EB-5 program, an investor must meet specific requirements as per United States Citizenship and Immigration Services (USCIS).

A potential investor must meet the capital investment amount requirements, including a lawful source and path of funds. USCIS must also be satisfied that the business that will receive the investment qualifies for the EB-5 visa program. (Learn more about EB-5 process step-by-step.)

Finally, there must be a minimum of 10 new jobs created, as defined by USCIS. Once all of the requirements have been deemed satisfied by USCIS, the EB-5 visa applicant, his or her spouse and any children under the age of 21 will be able to obtain permanent residency status.

EB-5 Requirements Summary:

Investment amount: $1.8 million capital investment in a standard (non-TEA) investment project area; or a $900,000 capital investment in a TEA-designated area.
The investor must show a lawful source and path of investment funds.
The investment must be made in a for-profit U.S. commercial entity.
The investment must create 10 full-time U.S. jobs within the first two years after conditional residency is granted.
A direct investment can only count “direct” jobs and requires active management by the investor.
A regional center investment can count direct, indirect and induced jobs and only requires passive management by the investor.

E-2 Nonimmigrant Investor:

E-2 is a non-immigrant visa that allows citizens of certain treaty countries to work in the U.S for an extended period, provided the business they are investing in remains viable. It allows your children to go to school, often with in-state tuition, and your spouse can work anywhere in the U.S. E-2 investors are restricted to work for the business that acted as their E-2 visa sponsor.

Requirements Summary:

How much do you need to invest? This will depend on various factors including the type of company, the geographic location, and the current financial positioning of the applicant. For that same reason, we advise that you consult with an experienced immigration attorney before making any investments.

E-2 vs. EB-5

EB-5, on the other hand, is an immigrant visa that can lead to U.S. citizenship. Investors who wish to do so can later use their E-2 investment as a down payment for an EB-5 investment if they want to eventually qualify for permanent residency.

If there is a need to be in the U.S. quickly, the E-2 visa may be more suitable and can usually be approved within a couple of months. There is no quota and therefore no backlog.

EB-5 takes longer but leads to permanent residency. For some, E-2 may be a good way to spend the EB-5 waiting period in the U.S.

E-2 investors are restricted to work for the business that acted as their E-2 visa sponsor; in contrast, an EB-5 investor has the freedom to pursue any work opportunity in the U.S. once they receive their Green Card.

We recommend a consultation to find out which is best for you.

Business Immigration

Visas for Foreign Employees

The United States has a large economy that is sustained in large part by immigrants. Foreigners who wish to come to the U.S. to work have a number of different visa options.

U.S. entities and corporations often seek foreign professionals and foreign talent. The legal path to bringing foreign talent to the United States exists through Visas, Petitions, and Recruitment Processes.

Our Firm focuses primarily on handling these types of cases and informing our clients on the legal compliances on maintaining these foreign employees in the United States.

If you are an employee with a U.S. job offer, our firm can help find and carry out the right visa process for you.

TN Visa:
- Nonimmigrant Visa 1-3 Years; Can be renewed
- Nationality of applicant must be Mexican or Canadian
- Must Possess Professional License and Education or Equivalent in Certain Categories
L Visas:
- Foreign-based executives, managers, and employees with a specialized skill can be transferred to a division, affiliate, subsidiary, or parent branch of an international company in the United States.
- The L visa is very popular as it provides a work permit to the spouse of the transferred foreign worker and can ultimately lead to a green card in the U.S.
O/P Visas:
- Persons of Extraordinary Ability: Business People, Scientists, Educators, visual/performing/literary artists
- Professional Artists, Athletes, and Entertainers
- Spouses and children may join the applicant and attend school but may not work
R Visa:
- Religious Workers who would like to temporarily enter the U.S. to engage in an activity related to their religion such as a nun, monk, liturgical workers, missionaries.
H-1B Visas:
- Allows professionals to come to the United States to work in a field that requires a specialization or a special skill.
- Applicant must have at least the equivalent of a U.S. bachelor’s degree, and the job that they are applying for must require at least a bachelor’s degree or its equivalent.
- Applicant must also have a sponsoring U.S. employer that is willing to hire the applicant temporarily, pay them the required wage, and file a petition with immigration.
H-2B Visa:
- Permits business owners to hire foreign workers to perform seasonal, peak-load, intermittent, or one-time only work that is non-agricultural. Business owners and employers must prove that there are no U.S. workers available or willing to do the job.
- Applicants need a U.S. employer to sponsor them and be willing to pay them the required wage.

Family-Based Immigration

One method of obtaining lawful permanent residency is through a qualifying relative who is either a United States citizen or a lawful permanent resident. United States citizens and lawful permanent residents can help their qualifying foreign relatives in petitioning for lawful permanent residency in the United States and eventually even citizenship. There are different categories family-based immigration.

The process can often seem convoluted and the internet provides a wealth of information. But handling the case properly is as important as any legal procedure that you are carrying out. Our team of experts can handle the guidance, filing, and supervision of the case from start to finish. Every year, we help hundreds of families obtain green cards, citizenship, and complete petitions through family members.

National Interest Waiver

The National Interest Waiver, a subcategory of the EB-2 employment based, second preference visa, is a great option for professionals who can demonstrate possession of an advanced degree or exceptional ability in their proposed field or endeavor. The National Interest Waiver is an extremely attractive choice for those who qualify because it allows applicants to self-petition for permanent residence without having to submit a Labor Certification Application (LCA) with the Department of Labor.

Important Requirements:

You have an advanced degree (Master's or Ph.D Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or
You have demonstrated exceptional ability in your field.

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