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
Trump's administration issued an Executive Order (EO) on January 27, 2017, 5 months ago, which imposed a 90 day suspension on the entry into the United States of immigrants and non-immigrants from the seven designated countries, excluding those travelling on diplomatic visas, NATO visas, U.N. transit visas, and international organisation visas.
The language was somewhat broad, which led to...
The Department of Homeland and Security (DHS) confirming on February 1st, 2017, that it does not apply to Lawful Permanent Residents (LPRs) with green cards, who have already been admitted into the US as an LPR (or have adjusted status). It appeared that those immigrant visas (green cards) that had not yet been issued, were revoked.
The Department of State (DOS) issued a news alert on February 2nd, 2017, confirming that travel for dual nationals from any country with a valid US visa in a passport of an unrestricted country is not restricted.
Section 5 of the EO also suspends the U.S. Refugee Admissions Program (USRAP) for 120 days and suspends the entry of all Syrian refugees indefinitely, until the President determines their admission would be in the national interest. DHS has stated that during the 120 days, it will “review screening procedures to ensure refugees admitted in the future do not pose a security risk” to the United States.
The Department of Justice (DOJ) indicated in a February 16, 2017 court filing that President Trump intends to rescind the January 27, 2017 Executive Order and issue a new order in its place (EO2).
On June 26, 2017, the U.S. Supreme Court granted certiorari (at least four of the justices have determined that the circumstances described in the petition are sufficient to warrant review by the Court) and consolidated two key cases in the travel and refugee ban litigation: Trump v. IRAP and Trump v. Hawaii. The case will be heard during the first session of the October 2017 term. In addition to granting certiorari, the Supreme Court granted a partial stay of the injunctions that had been preventing implementation of the travel ban.
The court held that the EO may not be enforced against foreign nationals who have a credible claim of a bona fide relationship with a person or entity in the US, but that all other foreign nationals, are subject to the new EO2.
A Bona Fide Relationship with a Person in the United States: “For individuals, a close familial relationship is required.” The Court stated that an individual who seeks to enter the United States to live with or visit a family member, such as a spouse or mother-in-law, “clearly has such a relationship.”
Bona Fide Relationship with an Entity in the United States: “the relationship must be formal, documented, and formed in the ordinary course, rather than for the purpose of evading EO-2.” The Court specifically stated that students who have been admitted to a U.S. university, a worker who has accepted an offer of employment from a U.S. company, or a lecturer invited to address a U.S. audience would have such a relationship.
Lawful Permanent Residents, Asylees, and Others: EO-2 exempts from coverage LPRs, individuals who have been granted asylum, those already admitted as refugees, individuals travelling on advance parole, and those granted withholding of removal and/or CAT. All of these individuals should be permitted to travel freely without having to demonstrate a bona fide relationship with a person or entity in the United States.
Diplomats and Dual Nationals: Also exempt from the EO-2 travel ban are individuals travelling on diplomatic and related visas and dual nationals travelling on a passport issued by a non-designated country. These individuals should still be permitted to travel freely without having to demonstrate a bona fide relationship with a person or entity in the United States.
Business Visas: The Court stated that a worker who has accepted an offer of employment from a U.S. company would have a bona fide relationship to a U.S. entity. What is not clear is whether individuals with employment-based visas that do not require a petitioning employer (EB-1, National Interest Waiver) would be able to demonstrate a relationship to a U.S. entity.
Family-Related Visas: The Court’s order is clear that individuals who “wish[] to enter the United States to live with or visit a family member” have close familial relationships. A spouse and a mother-in-law were included by the Court as examples of relationships that would qualify, and it should be argued that a fiancé would similarly qualify. It is unclear at this time if more distant relationships would qualify.
Students and Trainees: The Court stated that students who have been admitted to a U.S. university would have such a relationship. Presumably, the same would apply for vocational students and J-1 exchange visitors who would have a relationship to a U.S. program sponsor.
Visitor for Business (B-1): It is unclear at this time how individuals travelling to the United States for business conferences or other short-term, non-contractual business interactions will be treated,
Individuals Applying for Visas: It appears that individuals from the six designated countries who do not have a valid visa will be required to demonstrate a credible claim of a bona fide relationship with a person or entity in the United States during the visa interview.
A June 14, 2017 presidential memorandum directs the government to implement the travel ban “72 hours after all applicable injunctions are lifted or stayed with respect to that provision.” Therefore, we can expect the government to implement the Court’s decision tomorrow, on June 29, 2017.
In conclusion, we do not anticipate most of our clients being affected by this, but it highlights how US immigration is uncertain. It is more crucial now, more than ever, to speak with a US licensed Immigration Attorney regarding many immigration matters.
Please do not hesitate to contact our firm if you have any US immigration questions:
+44(0)203 102 7966
What is Global Mobility and Employee Relocation?
Co-founder & Relationship Director, Shelley Lloyd, details this in her below video regarding Celsium and its services:
Shelley began her career in the relocation industry as Global Supply Chain Manager for a European RMC seven years ago, and quickly built strong relationships with clients and the supply chain community.
Celsium was founded in 2015 when they saw a gap in the market. After months of market research, Celsium identified the biggest challenges faced by HR when delivering employee relocation services and how to solve them.
Shelley’s personal core values of integrity, respect and empathy are the building blocks of how Celsium operates and interacts with every single person involved in the relocation process. Celsium specialises in Global Supply Chain Management and Global Account Implementation, with customer service being their top priority.
Shelley brings her unique, personal approach and very British sense of humour, to ensure that Celsium always focuses on bringing the human element to relocation.
https://www.celsiummobility.com/
If you require advice on global relocation and/or US immigration, please do not hesitate to contact our office on info@baimmigrationlaw.com
Today is the last day under Obama's administration, prior to the inauguration of Donald Trump. Could you imagine reading this a couple of years ago, you would not believe it was true for a second.
The President-elect's strict stance on immigration has been central to his platform ever since he called Mexican immigrants rapists and drug dealers on the day he announced his candidacy. He promised to build a border wall and increase deportations by investing in Immigration Customs and Enforcement (ICE) officers. Trump has also promised to rescind President Obama's Deferred Action for Childhood Arrivals (DACA) program.
We have all heard him back-track on his disgusting comments regarding Mexicans and seemingly also doing so regarding DREAMers under DACA. Of course, he still believes that Mexico will pay for the wall though and continues now, to focus on deporting undocumented immigrants who have a criminal record.
How is he going to achieve this any “better” than Obama? Obama deported more undocumented immigrants than Bush.
Experts in this field of immigration enforcement agencies say that Trump's immigration promises are either impossible to achieve, or will take billions of dollars and many years. At an average cost of $12,213 for each deportation, according to ICE, 2 million deportations would add up to more than $24.4 billion over four years. Then we must consider the 500,000+ backlog in the over-burdened immigration courts, as well as the associated court costs.
I am sure he will give it a stab.
How will our clients be affected?
As we are a UK-based US immigration firm, we predominately handle business, investment and family immigration matters. We do not see the majority of our clients being affected by Trump's administration. He is likely to welcome investment and business growth.
We have, however, recently blogged on the latest EB-5 investment green-card proposal. I believe that the Present-elect could favour the increase in capital investment required. Why wouldn't he? See:http://www.baimmigrationlaw.com/blog/2017/1/15/uscis-proposes-changes-in-eb-5-program-including-increase-in-investment-minimums
One area that may impact on our clients is that of waivers of inadmissibility. The majority of the waivers we assist clients obtaining are for “Crimes Involving Moral Turpitude” (CIMTs). Seeing as Trump has focused on deporting criminals, why would he allow those with a CIMT enter the US so “easily”? I believe, he may seek to decrease waiver numbers, or increase the already high threshold. Arguably making it even more complicated for those with any criminal record. It was always the advice that if you have a criminal record and seek entry to the US for business or pleasure, you should contact an immigration lawyer beforehand. It may be that this is going to be even more crucial than ever.
No one actually knows what is going to happen. It is all very speculative, but I whole-heartedly believe that the President-elect is about to get a reality check. I am sure he will complicate immigration and make it even more important for those looking to emigrate to seek the advice of an expert in the field.
If you have any US immigration questions, please contact our office to schedule a consultation on:
info@baimmigrationlaw.com or +44 (0)203 102 7966
