The following alert has been issued by Siskind Susser PC:-

Starting on October 1, 2017, USCIS will require an in-person interview for anyone moving from an employment-based status to permanent residency (I-485 adjustment of status interviews), as well as for family members of refugees or asylees applying for derivative refugee or asylee status (I-730 refugee/asylee relative interviews). A public announcement by USCIS was just released today.
 
USCIS currently requires interviews for family-based green card and naturalization processes but waives the interview requirement for the above-referenced categories most of the time. While interviews for those transitioning from employment-based visa status to green cards were standard a decade ago, waivers have been regularly granted since then. Under the new policy, there will be no further waivers.
 
This policy change is part of the Trump administration’s “extreme vetting” plan, and was specifically referenced in the President’s Executive Order instituting the travel ban (Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States, issued in January and revised in March). Section 5 of the revised EO requires the “development of a uniform baseline for screening and vetting standards and procedures, such as in-person interviews . . . .” Much of the focus of the “extreme vetting” plan has thus far been placed on the Department of State and Customs and Border Protection, but attention has now turned to USCIS in the implementation of this plan.
 
The result will likely be over a hundred thousand more USCIS in-person interviews per year, which will certainly lengthen wait times for green card applications, especially since USCIS is already taking a very long time to process several types of nonimmigrant and immigrant petitions and applications.
 
USCIS has confirmed that it is engaging in “a multiphase approach” that will eventually mandate in-person interviews across several other categories, with a present focus on those pursuing permanent residence. The details are unclear at this time, but we will report back as we receive updates.
 
With the in-person interview, USCIS’s clear goal is to identify security risks and prevent fraud. However, critics are pointing out that the lack of any pervasive fraud in the above categories, the fact that the beneficiaries are already in the U.S., the continuing use of fingerprint screening and extensive security checks, and the new I-485, Supplement J to confirm the continued presence of a bona fide job offer, make USCIS’s policy change even more unnecessary.
 
In the employment-based context, the worst consequences will likely be much increased wait times to finalize the green card. The policy change will not affect adjudications of I-140 petitions or EADs (employment authorization documents) through the pending green card process. Therefore, the change should not impact status or work authorization within the U.S., unless the increased interview workload ultimately impacts adjudications in other areas. Should there be an expansion into other categories, the impact may be even more substantial. With respect to derivative refugees and asylees, consequences will include delays in receiving such status as well as the ultimate green card. 
 
To prepare for the interview, the applicant must have a solid understanding of the benefit for which he or she is applying, as well as why he or she is eligible for the benefit. The employment-based green card applicant must be able to describe the employer, the position (including specific job duties, location, pay, etc.), and his or her credentials. The family member of a refugee or asylee must be able to explain the basis for their relative’s refugee or asylee status and be able to establish the family relationship, especially the bona fides of a relationship based on marriage. All applicants must be thoroughly familiar with the contents of their application.
 
Our office conducts detailed interview preparation with our clients to familiarize them with the timeline, steps, and environment of the interview, as well as with examples of what the adjudicating officer may ask. We often play the role of the officer and ask tough questions to point out and prepare the client to respond to any weaknesses in the case. We also strongly prefer in-person or video interview preparation to gauge the applicant’s mannerisms and facial expressions.

Fewer than 1% of attorneys have achieved Martindale-Hubbell's newest award, making Mr Karas part of an elite group. This award recognises Mr Karas' approach and commitment to the best in client service and will appear on Mr Karas' Lawyers.com and Martindale.com profiles to confirm credibility for consumers. It is awarded to lawyers who receive frequent reviews of at least a 4.5 client rating average. 
 

Jason Susser of Siskind Susser Immigration lawyers recently published the following Article entitled, “Who, What, When, and Why: E-2 Israel: What is the E-2 Treaty Investor Visa?"

E-2 is a non-immigrant visa classification available to investors who are citizens of countries that have a treaty of commerce and navigation with the United States. Under these bilateral treaties, the US and its trade partners negotiate reciprocal investor visa programs for nationals of the foreign country to make a substantial investment in a business and obtain a visa for the purpose of directing operations of his or her new investment.

E-2 is not a means of obtaining permanent residence (a Green Card) in the US. In many cases, foreign nationals come to the US in E-2 status and later obtain permanent residence through other means such as increasing their investment and job creation plan to satisfy the EB-5 Immigrant Investor Program or using non-investor categories such as EB-1 Extraordinary Ability or EB-1 Multinational Manager.

The E-2 program though lends itself to long-term business as there is no limit to the number of years in which a person may be in E-2 status. Countries negotiate reciprocity agreements which determine the length of time the visa itself will be issued, but in many cases foreign nationals are able to stay in their initial E-2 classification for as long as seven years by making calculated exits and re-entries, before having to reapply.
 
Who qualifies for E-2?

To obtain an E-2 visa to the United States, nationals of a treaty country must invest or be in the process of investing a substantial amount of capital in a bona fide enterprise in the US. The enterprise must be a real and operating business, as opposed to a paper organization or passive investment (i.e. it should be producing a service or commodity).

Unlike the EB-5 program and many programs around the world that give residency for a certain investment amount, the investment for E-2 must simply be substantial. To determine whether an investment is substantial, the US government uses a proportionality test to decide whether the investment amount is substantial in relation to the total cost of the enterprise. Therefore, the type of business in which a foreign national is investing will likely determine the amount of capital needed to satisfy the requirement. Many practitioners point to the figure $100,000 as the minimum investment amount; however, while larger investments may strengthen a case, satisfying the proportionality test for the particular business is the true test.

The foreign national investor must also ensure that his or her investment is at risk. This means that the investment is at risk of loss to the investor, but also has the potential to generate financial returns. Furthermore, the E-2 investor must actually develop and direct the investment enterprise, again making E-2 the wrong immigration option for those looking at passive investments.
 
Why do Israel and the US need E-2?

Israel is, of course, one of the most innovative start-up nations in the world, and a world leader in technology, medicine, cybersecurity, and other industries. Scaling those businesses internationally often involves doing business in the United States. The lack of visa categories available for entrepreneurs and investors in the US can make growth painful for Israeli companies looking to break into US markets. The E-2 visa allows investors to create US operations in an efficient way. While other visa categories such as L-1 (Intracompany Transferee Visas) can be used, they do not have all the benefits E-2 offers to investors and eventually to employees of an E-2 enterprise.
 
When will E-2 be available for Israel?

Here lies the million-dollar question. E-2 is available to nationals from dozens of countries ranging from the European Union to Pakistan. Many of these treaties leave immigration lawyers scratching their heads, but the most notable absence is the State of Israel - a friend, ally, and major trade partner of the Unites States.

In June 2012, President Obama signed legislation finally making Israel a treaty country for E-2 visa purposes. In the five years since then, experts have been predicting E-2 is right around every bend. However, structuring the reciprocal investor visa program has proven to be a challenge in the Knesset. Israel has created the B-5 visa for US investors as the counterpart to E-2, but the negotiations between the two countries have continuously hit road bumps on issues of reciprocity.

The US Department of State gave everyone hope by suggesting that the E-2 program would be available in October 2017. Yet the US was unsatisfied with the latest version of the B-5 visa program, and has returned the regulations to the Knesset with comments to be considered before the bilateral agreement can begin.
​
Israeli investors and entrepreneurs looking to US markets should become familiar with the options currently available, such as the previously mentioned L-1, the E-1 Treaty Trader visa, and the potential options to permanent residency.  Israeli companies looking towards the US marketplace should know that the E-2 visa is going to become available. While the timeline has proven to be uncertain, the day will come where investors and entrepreneurs can more easily conduct business between the US and the Start-up Nation.
​