Asylum
If you are fearful of being harmed in your home country, you may be able to ask for protection under asylum laws. You do this by filing an application called an I-589. Where you file will depend on whether you are currently in removal proceedings.
Asylum is an immigration benefit that is available to people who can show that they are fearful of returning to their country of citizenship because of persecution based on one of the following grounds: (1) race; (2) religion; (3) nationality; or (3) membership in a particular social group. You also have to show that the source of the persecution is a government actor or a person or group that the government is unwilling or unable to control.
Asylum is a very complex area of law and the rules regarding what does and what does not qualify as a particular social group change frequently. An experienced attorney can help you identify if applying for asylum is right for you and guide you through the application and interview process.
Investor Visas (E-1/E-2)
If you want to start a business or invest in an existing business in the United States, you and your employees may be eligible to receive a “E” visa to operate your business in the United States. This is only available to foreign nationals from countries that have commercial treaties with the United States conferring eligibility.
E-1/E-2 visa (treaty traders and treaty investors)
If you are a trader or investor (or are seeking to invest), the E-1/E-2 treaty trader or investor classifications may permit you to work in the United States. You employees may also obtain E-1/E-2 visas, provided that you share the same nationality, and your spouse can work in the United States as well.
The E-1 treaty trader visa allows a foreign national to engage in substantial international trade in the U.S., while the E-2 treaty investor visa allows an individual to enter the U.S. for the purpose of actively investing a substantial amount in an enterprise. E-2 investors either invest by creating their own business in the U.S., investing in an existing company, or completely buying an existing company from the current owner.
Importantly, you must have the nationality of a treaty country to be eligible, and at least 50% of the U.S. entity for E-1 trader or E-2 investor visas must be owned by non-U.S. resident nationals of a treaty country.
