E-2 investor immigration visa allows entry to the United States (from another country that the United States maintains a treat y with) in order to work based on a substantial amount of investment and control he or she will hold while in the United States.
The investment must be active. An active investment refers to its operation and services. In other words, the investment must allow the investor to undertake procedures in an effort to produce goods for profit. The investor must engage in the business enterprise; passive activities within the business enterprise will not qualify. For example, purchasing a property may not be sufficient. Instead, the investor must hire employees in order to manage, develop, improve, and maintain that property. Throughout this process, the investor must remain active by controlling and directing the investment in order to begin or continue providing services.
The investment must be substantial. While there is no set minimum amount to consider the investment “substantial,” it must nonetheless be substantial in its connection to the total expenses of purchasing an existing or already established business enterprise. Also, a substantial amount of capital must be sufficient to secure the successful operation of the business enterprise.
One of two tests must meet in order to consider a “substantial” investment:
Investment must not be marginal. That is to say, the investment must have the potential or power to produce enough income in order to support a decent living for the treaty investor and his family. Additionally, in most instances, such investment should provide individuals living in the U.S. with job opportunities. While creating employment opportunities for U.S. workers is not a requirement, it can be in use to show that the investment is not marginal. When an investment is not considered to be marginal, it will require individuals beyond the investor to operate the business or enterprise. Further, it will generate enough income to fulfill the investors living expenses, along with payment of its U.S. workers.
Therefore, the issue is whether there is a projected and reliable return on the investment in order to meet the requirements of an E-2 treaty investor visa.
An essential role in an enterprise can be held by both the principal investor and certain employees of the investing enterprise. Both can obtain a treaty-investor status.
An individual, applying to enter the U.S. as a treaty investor, is considered a principal investor when he has a majority—at least 50%—ownership in the business, along with the responsibly of controlling and developing that enterprise. This generally occurs when the investor owns a majority and controlling interest in the business.
Another way an individual can enter the U.S. is as an employee of a company. In order to qualify for an E-2 nonimmigrant visa as an employee of a treaty investor, the following must be satisfactory:
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An alien applying for asylum can also apply for withholding of removal at the same time. Withholding of removal is an alternative to the asylum for a foreigner who fears to return to his home country. However, it should be noted that the grant of the withholding of removal does not result in the same benefits arising from the grant of asylum.
Withholding of removal is a remedy available to an alien who cannot go back to his home country because of a threat to his life or freedom. Under the Immigration and Nationality Act, an alien cannot be removed to a country if the alien’s life or freedom would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion. INA § 214(b)(3)(A).
An alien is eligible for withholding of removal if he is able to establish that his life or freedom would be threatened because of one of the statutory grounds if he is removed to his home country. The alien will meet his burden of proof if he is able to show that it is more likely than not that his life or freedom would be threatened if he is removed to his home country. The “more likely than not” standard for withholding of removal is more difficult to meet than the standard for showing fear of persecution for asylum applicants.
Injuries to the neck, resulting from snapping or jerkin are known as "whiplash". Whiplash describes a range of neck injury 'soft tissue' damages, which is a common result of rear-end accidents. In a rear-end accident, the impact forces the driver's and passengers' bodies to be thrown forward. At the same time, their heads stay in place, causing the neck to suddenly extended, which follows a whip-like motion.
While whiplash and any other types of neck injuries generally occur in rear-end auto accidents, neck injuries and whiplash injuries can also result from different types of accidents and personal injury matters as well. Some types of accidents that may cause whiplash or neck injuries are:
However, if the grant of asylum is always discretionary, the immigration judge must grant withholding of removal if the applicant meets the “more likely than not” standard. The credible testimony of the applicant may be sufficient to meet his burden of proof. If the applicant is able to show past persecution in his home country there will be a presumption that the applicant’s life or freedom will be threatened if the applicant is removed to that country.
The application for asylum also constitutes an application for withholding of removal, and the alien does not have to submit a separate application for that purpose. However, it should be noted that in contrast to asylum, the withholding of removal may be granted only by the immigration judge. Furthermore, the withholding of removal may be granted even though the alien has filed the application one year after his arrival to the United States. Withholding of removal is not available to an alien if:
To sum up, withholding of removal is an option for aliens fearing to return to their home country if the alien is not eligible for asylum. Although the grant of withholding of removal does not result in permanent resident status an alien can legally stay and work in the United States without the fear of being removed to his home country.
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Many mistakenly believe that whiplash can only occur in high-speed accidents. Low-speed, low-impact, rear-end auto accidents commonly cause whiplash.
Another misconception is that whiplash is a minor injury. However, many medical experts suggest that soft tissue injuries can be severe and have long-term affects if left untreated. It is recommended following an accident, one seeks medical attention or a chiropractor in Los Angeles as soon as possible. If left untreated, it is possible that neck injuries can have serious consequences and cause widespread health problems.
If you were involved in an auto accident, motorcycle accident, pedestrian accident, bicycle accident, or any other personal injury matter, call or contact our personal injury attorneys for a free consultation. Our Glendale personal injury attorney at KAASS Law will review your case and answers any questions you may have.
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