Thousands of people have signed petitions asking President Trump to open the doors for easier access for white South Africans to move to the United States.
A situation has been brewing South Africa for over two decades relative to farmlands owned by white farmers. The post-apartheid African National Congress regards the land as having been misappropriated over several hundred years of colonialism. The ANC agenda includes elements of restitution, reform, and redistribution.
Although the originally stated approach was that all land redistribution would be conducted on a willing-seller, willing-buyer basis, the ANC voted on February 27, 2018, to begin a process of expropriation without compensation. This would be akin to the U.S. government reclaiming and redistributing all white-owned land to Native Americans.
Similar attempts to right a perceived wrong in the long-ago past in other countries (see Zimbabwe) have met with disastrous results. Although official expropriation may not be implemented immediately, it would not be unreasonable to expect extremists on either side of the issue to begin taking matters into their own hands. One faction is already using inflammatory terms referring to “white minorities” who are descendants of “criminals who stole our land.” One spokesperson said that the time for reconciliation is over and that he is “not calling for the slaughter of white people – at least for now.”
The petition to President Trump asks him to “take the steps necessary to initiate an emergency immigration plan allowing white Boers to come to the United States.” (Boers, aka Afrikaners, are the descendants of Dutch, German, and Huguenot settlers.) The petitioners are hoping the president will show favor to South African applicants who can be vetted relatively easily as opposed to immigrants from war-torn Somalia.
American Corporate Services, Inc. believes that opportunities exist for South Africans to relocate to the US via the EB-5 investment immigration visa, the L-1 worker transfer visa, or the E-2 treaty investor visa programs before the situation becomes untenable. Our experts can guide hopeful immigrants to the pathway that is best suited for their individual case.
Because homicides of white, South African farmers are already extraordinarily disproportionate, some may have a legitimate case to seek Asylum in the U.S. based on the existing threat levels.
Schedule the consultation with U.S. Immigration attorney to maximize your chances of successful immigration.
Dr. Gregory Finkelson’s book, Moving Your Family to America – A Simple Guide to Business and Investment Immigration is now available on Amazon. Click on the link to order your copy now: www.Biz-Visa-USA.com.
Some days it seems like all news about the status of U.S. immigration programs is bad news. When potential changes by the current administration to immigration policies or programs are discussed, the “Make America Great Again” platform can be easily misunderstood as anti-immigration. We do not believe that is the case.
Some areas of the immigration system are under scrutiny for justifiable reasons, particularly concerning illegal crossings of the Mexican-American border, sporadic instances of alleged fraudulent activity (by immigrants, sponsors, or project developers), or failure by the DHS to follow up on undocumented foreign nationals who have overstayed their visas. The latter group has been given a welcomed reprieve.
Prior to this month, foreign nationals working in the U.S. under visas categorized as “highly skilled workers found themselves in a difficult situation if they were to lose their jobs. The employer is typically the sponsor and applicant on behalf of the beneficiary foreign workers they wish to bring to the U.S.
Because the job was the reason for the beneficiary’s visa status, if the beneficiary is no longer employed by the applicant, the beneficiary would immediately have an unlawful status based on the rule of law as written. That created a hardship for the worker.
The USCIS has generally been understanding by offering a brief amount of time for the foreign national to find similar employment and to transfer the visa to a new employer. However, there has been no defined regulation regarding how long that amount of time would be.
Recently, the DHS has announced a new regulation that officially grants a 60-day grace period to allow the foreign national to seek another qualifying opportunity. Although 60 days is still a relatively short period in which to find new, suitable employment, it is, nonetheless, a positive development that indicates that the U.S. is not anti-immigration.
Once the non-immigrant worker finds a new opportunity, he or she may work in concert with the new employer to file a transfer petition. The grace period may be used multiple times if necessary. Each period is limited to 60-days with no accrual of unused days from previous grace periods.
Although the grace period may be denied in instances of unauthorized employment or criminal activity, we believe that caveat is reasonable.
The good news is that at least one concern and risk for highly-skilled non-immigrant visa beneficiaries has been reduced. That is good news, indeed, for the foreign national worker, his family, and the United States of America.
In May 2018, Ho Chin Minh City will host Vietnam’s largest exhibition of overseas properties, investment opportunities and immigration related information. Invitations to the exclusive event are being sent to high net worth individuals currently living in Vietnam.
The revitalization and growth of the country has stimulated over $10 billion of spending by Vietnamese citizens in overseas countries – not exactly the popular image of Vietnam as a third-world country. In 2016 alone, Vietnamese investors spent $3.6 billion purchasing real estate in the United States alone.
Much like China, interest in a U.S. education among Vietnamese students has been growing at a rapid pace, with the number of students tripling over the decade from 2007 to 2016.
When it comes to business investment, Vietnam investments in the U.S. through the EB-5 Immigrant Investor Visa program, second only to China. What is more, both the rate of growth of high net worth individuals in Vietnam and the rate of growth of Vietnamese EB-5 applicants are among the highest in the world.
E-2* and L-1 Visas do not provide a direct path to a Green Card. However, if properly planned and structure that can be used as an indirect path. The E-2* Visa is intended specifically for investors who will have a controlling interest in what the USCIS defines as a “substantial business” with operations in the United States. The L-1 Visa also requires that the beneficiary has a substantial interest in a new business to be established in the U.S.
Once an investor is located in the U.S. on either an E-2* or L-1 Visa, if they set aside $100,000 per year, at the end of five years, they will be able to qualify for the EB-5 Immigrant Investor Visa minimum investment of $500,000 for projects located in Targeted Employment Areas (TEA). (Please note that $500,000 is the current minimum. This amount could change.) By setting aside $200,000 per year, at the end of five years they would be able to qualify for the $1,000,000 minimum investment for projects outside TEAs. Under the EB-5 program, the investor must, in addition to the money invested, create a minimum of 10 jobs for qualifying U.S. residents.
These are not the only paths for Vietnamese citizens to relocate – temporarily or permanently – but they may be the best.
If you are a Vietnamese citizen desiring to move to the United States, we invite you to contact us for more detailed, expert assistance. American Corporate Services, Inc. has successfully helped more than 7,000 clients. We are available to help you.
Recently we have published articles discussing the potential of using EB-1C and E-2 visas to expedite investor immigration into the U.S. Both avenues have the advantage of shorter processing times and significantly less up-front investment.
This article provides a comparison of the EB-1C and E-2 visa programs to help our clients and readers understand which approach may be the best for them and their families.
|Visa||Description||Permanent Resident Status|
|EB-1C||Multinational Manager||Immigrant Visa|
|E-2||Treaty Investor||May apply for permanent residence|
|Faster than EB-5||Yes||Yes|
|Family Green Cards||Yes||No|
|Desires Dual Citizenship||Yes||No|
|Startup a New Business||No||Yes2|
|Invest in a Single Franchise||No||Yes|
|Invest in Multiple Franchises||Yes||Yes|
|Taxation on Global Income||Yes||No|
|Dealing with USCIS||Yes||No|
|Need for Overseas Business||Yes||No|
The following table offers a bit more insight into how these two visa’s compare.
|Speed of Processing||8 months||6 months, or 15 days Premium|
|Green Card||Immigrant Visa||Available Later3|
|Family Green Cards||Available Immediately||Available Later|
|Desires Dual Citizenship||Better||Granada Citizenship4|
|Investment Required5||$0||$200,0006 + $100,000 or more|
|Management of Business||Actively Involved||Develop & Direct|
|Startup a New Business||After 1 year||Immediately7|
|Invest in a Franchise||Better for multiple franchises||Easy|
|Dealing with USCIS||Yes||No|
|Need for Overseas Business||Yes||No|
This information is a very simple overview to help potential applicants determine which path, if either, might be preferable to pursue. Please understand that each path is complicated and detailed and should not be pursued without expert legal advice.