Tonight, we are all preparing for the outcome of the most consequential election of our lifetimes. Many have said that the Trump administration did not really do anything to change immigration and we should not be concerned. As an immigration attorney who has practiced for 15 years, I can say that is completely wrong! The day Trump was sworn in, the ICE attorneys revoked and stopped all future offers to administratively close removal proceedings for people who have no criminal records. DACA was shut down by the Trump administration. Since September 2017, only renewal of DACA have been accepted despite the Supreme Court Ruling in June 2020 that DACA should be restored to its original program implemented in 2012. Asylum protections and permissions have been removed. Procedures in in all immigration agencies have become more stringent and the Trump administration added the Public Charge ground of inadmissibility to the adjustment of status process requiring all applicants to undergo a test to determine if the applicant is a risk for public benefit needs. Clearly, things have changed for the worse! This is not to mention the bans on immigrant visas and many nonimmigrant visa types put in place by the Trump administration in response to COVID. All that aside, no matter what happens tonight the future of the United States is in the hands of the small business foreign investor.
Despite all of the negative changes, the Trump administration promoted and allowed business investment from abroad to remain in place and continues to do so. Both Biden and Trump have immigration plans that emphasize foreign small investment through a diverse group of entrepreneurs as the foundation to economic recovery in the United States. The E-2 investor visa is available to nationals of countries that have treaties of commerce and navigation with the United States, with other options for those who are not. The E-2 is the appropriate visa for the entrepreneur who wishes to start a business in the United States while maintaining a business or residence in the home country. Please stay tuned as I review the top reasons that the E-2 investor visa works best for investors who want to start or buy businesses in the United States and why the elections will not affect this E-2 visa option in the coming days…
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