Friday, December 30, 2011

H1B For Entrepreneurs

The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country. August 2, 2011, USCIS outlined series of new policy, operational, and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs in the United States.

As part of the Administration’s comprehensive effort to attract and retain high-skill entrepreneurs, USCIS clarified that immigrant entrepreneurs may obtain an employment-based second preference (EB-2)  immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interest Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States; They also clarified when a sole employee-entrepreneur can establish a valid employer-employee relationship for the purposes of qualifying for an H-1B non-immigrant visa;


As far as what factors does USCIS consider when evaluating the employer-employee relationship, USCIS will evaluate whether the petitioner has the “right to control” the beneficiary’s employment, such as when, where and how the beneficiary performs the job.  No one factor is decisive and adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists.

Thursday, December 29, 2011

EB1: Extraordinary Ability


You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Each occupational category has certain requirements that must be met. We talk about extraordinary ability category in this blog only. 

The alien has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation, may petition for green card without an employer. 


USCIS and INS have consistently recognized that Congress intended to set a very high standard for individuals seeking immigrant classifications as aliens of extraordinary ability.  Qualification under this classification is reserved for the small percentage of individuals at the very top of their fields of endeavor.
The regulation provides that a petition for an alien of extraordinary ability must be 
accompanied by initial evidence that the alien has achieved the requisite acclaim and recognition in the alien’s field of expertise.  Such evidence must be either a one-time achievement (that is, a major, internationally recognized award) or at least three out of the ten other types of evidence listed in the regulation (e.g., scholarly articles, high salary, commercial successes).


In adjudicating the petition, USCIS officers are required to evaluate the evidence submitted by the petitioner to determine, by a preponderance of the evidence, which evidence objectively meets the parameters of the regulatory description applicable to that type of evidence (referred to as “regulatory criteria”). USCIS officers are then required to  evaluate the evidence together when considering the petition in its entirety for the final merits determination regarding the required high level of expertise for the immigrant classification.
  
This firm offers initial consultation to evaluate your situation to determine whether EB1 based on extraordinary ability is the best immigration strategy for you and whether you have other options, such as NIW. You are encouraged to work with experienced immigration lawyers like us to obtain green card through self-petitioning. 

National Interest Waiver


National Interest Waiver is a waiver based on national interest. But waiver of what? We have the answers as follows: 

Generally speaking, immigrant visa shall be made available to qualified immigrants if the employer obtain labor certification from department of labor. Yet, the Attorney General may, when he deems it to be in the national interest, waive the requirement. 


Neither the statute nor Service regulations define the term “national interest.”  Supplementary information to Service regulations implementing the Immigration Act of 1990 (IMMACT), published at 56 Fed. Reg. 60897, 60900 (November 29, 1991), states: “The Service believes it appropriate to leave the application of this test as flexible as possible, The burden will rest with the alien to establish that exemption from, or waiver of, the job offer will be in the national interest. Each case is to be judged on its own merits.”


RFEs reveal that an alien seeking immigrant classification as an alien of exceptional ability or as a member of the professions holding an advanced degree cannot meet the threshold for a national interest waiver of the job offer requirement simply by establishing a certain level of training or education which could be articulated on an application for a labor certification; General arguments regarding the importance of a given field of endeavor, or the urgency of an issue facing the United States, cannot by themselves establish that an individual alien benefits the national interest by virtue of engaging in the field or seeking an as yet undiscovered solution to the problematic issue; A shortage of qualified workers in a given field, regardless of the nature of the occupation, does not constitute grounds for a national interest waiver. Given that the labor certification process was designed to address the issue of worker shortages, a shortage of qualified workers is an argument for obtaining rather than waiving a labor certification.


Because of the complexity and high standards involved with an NIW petition, we strongly recommend that you to seek assistance from experienced NIW immigration attorneys, which is the key to your success, especially under current immigration conditions.

Monday, December 19, 2011

H1B

H1B is the most popular non-immigrant visa aliens in US seek after. It leads to green card in a few years as described below. 

If an individual can find a job that requires Bachelor’s or higher degree, and this individual holds a bachelor’s degree or its equivalent, the prospect employer may petition H1B for the prospect employee. The prospect employer must agree to pay the individual prevailing wage (higher salary than average for similar position. Amount varies with the position)

In addition, as an approach to “Encouraging Entrepreneurs and High Skilled Workers to Bolster the U.S. Economy and Spur Job Growth”,  USCIS clarifies in one of its recent memo that  a sole employee-entrepreneur can be qualified for H-1B non-immigrant visa as long as it can establish a valid employer-employee relationship.

With this being said, an individual may obtain H1B through open up a new company in US. Even if the company is only one man show. The individual may pay himself prevailing wage and withhold taxes as he is the only employee. H1B will be valid for 3 years and can be extended to another 3 years. An individual could be in US holding H1B for 6 years in total.

Divorce During Immigration Process

Thanks to fast-food style online dating, many cross-border marriages end in a hurry as how they start. Many aliens are devastated when their marriage hit the rock. Can they continue to stay in US?
The answer is, as usual, depends. 

If divorce happens shortly after conditioned green card is granted, generally speaking,  divorce terminates conditioned green card. However, depends on circumstances, the alien could obtain a waiver of termination. 

If divorce takes effect after the alien obtains permanent residence unconditionally,  the only effect divorce may have on the alien is that it may delay the alien in obtaining citizenship. If a permanent resident is married to a U.S. citizen, he has a three year residency requirement for U.S. citizenship if the marriage is still in effect at the time of exam, if not, he will then have to wait until he has been a permanent resident for five years before he is eligible to apply for U.S. citizenship.

What if the divorce happens before AOS is filed? Aliens who can prove as battered spouse may self-petition. Battered spouses are those who are abused verbally and physically in marriage. Proving such is not an easy work. A lawyer’s professional assistance is strongly recommended. 

Friday, December 16, 2011

Life After OPT


We may all know that we could get OPT from International student advisors to work. We all know OPT expires in 9 months. Then what are your options after OPT expires?

If you can find a job, H1B is most popular work visa for students, J1 is an option too if H1B not available (must meet requirements). Certain nationalities such as Canadian and Mexican may obtain TN, E3 for certain nationalities. You may be eligible for O1 visa if you are O1 if you are “extraordinary”. L1 visa is for intracompany transferee. 


Who can sponsor you H1B visa? Basically, an employer may sponsor you provided it agrees to pay prevailing wage, pay costs of reasonable return trip home if terminated prior to H1B end date and to notify USCIS of early termination of H1B worker. The profitability of the employer is not considered. 

It is not well known that, as an approach to “Encouraging Entrepreneurs and High Skilled Workers to Bolster the U.S. Economy and Spur Job Growth”,  USCIS clarifies in one of its recent memo that  a sole employee-entrepreneur can be qualified for H-1B non-immigrant visa as long as it can establish a valid employer-employee relationship. Therefore, if a business could be established after graduation, Life after OPT can be pointed to H1B.

If an oversea company is willing to hire you and you worked for them for one year before you come, you may be eligible for L visa. If you are from certain countries, you may be eligible for E1/E2 visa. 

For evaluation of your options, please contact Linda Liang & Associates for an appointment. 

Saturday, December 10, 2011

Business Hiring Illegal Immigrants Need to Read Along

PALM SPRINGS, Calif. - U.S. Immigration and Customs Enforcement (ICE) agents executed a
federal search warrant at a local baking company here today, arresting a current and former
company supervisor on criminal charges and 51 other workers on administrative immigration
violations.

The arrests and the execution of the search warrant at the Palm Springs Baking Company on
Montalvo Way are part of an ongoing probe by ICE that began in 2006 after ICE received a tip
that the business was allegedly hiring illegal alien workers.

The two individuals facing federal prosecution are charged in a criminal complaint with one count
of continuing to employ an unauthorized alien. Margarita Avilez Hernandez, 52, who currently
works as a supervisor for the Palm Springs Baking Company, was taken into custody by ICE
agents at the bakery this morning. Alicia Ramirez, 36, who formerly worked as a supervisor for
the business, was arrested this afternoon. Both women are expected to make their initial
appearance in federal court in Riverside, Calif., later today. The maximum penalty for the
misdemeanor charge is six months in prison and a $3,000 fine for each unauthorized alien.

According to the affidavit filed in support of the criminal arrest warrants, local law enforcement
alerted ICE in 2006 that the Palm Springs Baking Company allegedly guaranteed employment to
illegal aliens in exchange for a payment of approximately $3,000 for each worker. During the
ensuing investigation, ICE agents submitted the names and Social Security numbers of more than
130 of the company's employees for verification and were advised that more than 100 of those
numbers were invalid or did not match the accompanying name.

Friday, December 9, 2011

What does Prosecutorial Discretion mean to undocumented immigrants?

Rumor has it that Pres. Obama passed a new law that will allow all illegal immigrants to stay in this country as long as they do not have a criminal record.  Many clients and friends call to ask for confirmation.

Let’s start with a few corrections of this statement.  1) Pres. Obama is unable to unilaterally pass a new law, only Congress is able to make laws. 

So what really happened is that Pres. Obama, has decided to make use of an existing law, whereby the agency charged with enforcing immigration laws, can use Prosecutorial Discretion. What is Prosecutorial Discretion?  It is to say ICE may prioritize their focus in deportation proceeding. Specifically, they would decide to remove those with criminal record first and give you less attention.

What does that mean to you? If you are in removal proceeding and prosecutorial discretion occurs, the proceeding might be terminated, which only means you are not to be removed in the near future. However, this does not grant work permit, nor legal immigration status. If you are not in removal proceeding, you can’t apply for prosecutorial discretion.

In sum, what has been spitted out is just a memo President Obama send out regarding implementing existing law. I don’t see big hope for undocumented immigrants.

Monday, December 5, 2011

What Is a Reasonable Fear of Persecution?

An individual will be found to have a reasonable fear of persecution if he or she credibly establishes that there is a reasonable possibility he or she would be persecuted in the future on account of race, religion, nationality, membership in a particular social group, or political opinion. The legal standard is the same standard used to establish a well-founded fear of persecution in the asylum context.


In contrast to an asylum adjudication, a finding of reasonable fear of persecution cannot be based on past persecution alone, in the absence of a reasonable possibility of future persecution. A reasonable fear of persecution may be found only if there is a reasonable possibility the applicant will be persecuted in the future, regardless of the severity of the past persecution. This is because withholding of removal is accorded only to provide protection against future persecution and may not be granted without a likelihood of future persecution. However, a finding of past persecution raises the presumption that the applicant’s fear of future persecution is reasonable.

你能申请政治庇护吗?





政治庇护要求一个人能証明他在他的居住国因为种族,信仰,国籍,社会团体或政治观点而受到或及其有可能受到迫害。 这种关于可能性的推断要有理有据

How Is an Individual Found to Have a Credible Fear of Persecution?

An individual will be found to have a credible fear of persecution if he or she establishes that there is a “significant possibility” that he or she could establish that he or she has been persecuted or has a well-founded fear of persecution or harm on account of his or her race, religion, nationality, membership in a particular social group, or political opinion if returned to his or her country.


    Sunday, December 4, 2011

    Do Not Be a Victim of Immigration Fraud

    “Notarios,” Visa Consultants, and Immigration Consultants Are NOT Attorneys ––
    They CANNOT Represent You in Immigration Court

    If you need help with your immigration case, watch out for persons who pretend to be immigration attorneys or accredited representatives. They can take your money, involve you in immigration fraud, and get you deported or arrested. To protect yourself from immigration fraud, the Executive Office for Immigration Review (EOIR) wants you to know:

    Only licensed attorneys, “accredited representatives,” and other qualified representatives can represent you in immigration court, can provide legal services, and can give legal advice. 

    EOIR’s Immigration Court Practice Manual, Chapter 2, explains who can represent you. You can ask to see the manual at the immigration court’s filing window, or find it on the Internet at www.usdoj.gov/eoir.
    “Notarios,” visa consultants, and immigration consultants cannot represent you in immigration court,cannot provide legal services, and cannot give legal advice. Be careful!

    • DO NOT sign applications or other papers that are blank. 
    • DO NOT sign applications or other papers that you do not understand. 
    • DO NOT sign applications or other papers that have false information. 
    • DO NOT pay money without getting a receipt, and be careful when people ask you to pay a lot of money for immigration help. 
    • DO get copies of all applications or other papers prepared or filed for you. 
    • DO check that an attorney or “accredited representative” can represent you in immigration court. (See Immigration Court Practice Manual, Chapter 2.) 
    • DO report complaints about “notarios,” visa consultants, and immigration consultants to your state Bar Association and/or your state Office of Attorney General. 




    –– EOIR ––

    Tuesday, November 15, 2011

    USCIS Issues Guidance For Approved Violence Against Women Act (VAWA) Self-Petitioners

    U.S. Citizenship and Immigration Services (USCIS) recently provided guidance to USCIS adjudicators for adjudicating Adjustment of Status (Form I-485) applications filed by Violence Against Women Act (VAWA) self-petitioners who are present in the United Stateswithout having been inspected and admitted or paroled.

    The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in theUnited States without relying on abusive U.S.citizen or legal permanent resident spouses, parents or children to sponsor their Adjustment of Status (Form I-485) applications. For many immigrant victims of domestic violence, battery and extreme cruelty, the U.S.citizen or lawful permanent resident family members who would sponsor their applications will threaten to withhold legal immigration sponsorship as a tool of abuse. The purpose of the VAWA program is to allow victims the opportunity to “self-petition” or independently seek legal immigration status in the U.S.

    Sunday, November 13, 2011

    美国留学生,毕业找不到工作, 就只有回国一条路吗?

    众所周知,美国的经济很不好。 本地公民的失业率非常之高。 蜂拥而至美国的留学生花了大价钱读书,读完书后就直接卷铺盖会国?

    当然,如果国内的机会好,当然回国是好事。 但大部分的人觉得来都来了,还是想留下来。 除了找工作,还有别的办法吗?

    答案是有的。 美国移民局日前发文对工作签证的发放做了解释。其中强调如果一个外国人在美国独自投资开办公司,在一定的条件下,是可以个自己申请到工作签证的。 这对于很多留学生是个极好的办法! 换句话说,那些有胆识自己创业的留学生,可以给自己申请到工作签证的。

    我们所提供相关的法律和商务策划方面的全套服务, 使得自己开公司不是件令人害怕的事。  

    详情欢迎联系本人垂询。 

    最迫不得已的情况下才考虑的移民方式--政治庇护

    接到很多电话问到通过政治庇护移民美国的方式,其中不乏是20岁上下的年轻人。 当我们再问他们是什么原因导致他们寻求政治庇护,回答往往是:别人都这么做。 很多律师不仅支持这种做法,而且鼓励, 因为这样,申请人其实可以无限期地留在美国。

    申请政治庇护,要求申请人能証明他们确确实实有理由害怕迫害。 这个标准在法律上是有很严格的规定的。 审核移民官或法官都是很有经验的。大部分的人因为不对自己的案子负责,所以会被拒绝。 被拒绝后,很多律师要求当事人申诉,接着再等待拒绝。 这样,可以拖延在美的时间。 申诉被拒绝后, 当事人会被安排等待驱逐出境。 

    其实这样以后的人生是很惨的。当事人虽然能够工作,但不能回国探亲。每过一段时间还要到政府报到。 如果一旦出了事,移民局就会安排监禁或驱逐。 

    因此,本所建议, 除非你确实有足够的事实証明你可能被迫害, 你不要走这条路。 如果你确实在政治上和宗教上有原因担心被迫害,我们愿意全力帮你,而且我们也有很多成功案例供你借鉴。 

    What happened if I married a wrong in US citizen or permanent resident?

    As a battered spouse, child or parent, you may file an immigrant visa petition under the Violence against Women Act (VAWA). VAWA allows certain spouses, children and parents of U.S. citizens and permanent residents (green card holders) to file a petition for themselves without the abuser's knowledge.
    1. you entered into the marriage in good faith, not solely for immigration benefits.
    2. You have resided with your spouse.
    3. You are a person of good moral character.
    Every claim has to be well-founded, i.e, supported by supporting documents. The abuse can be verbal and should be witnessed. Also, whether marriage was entered into good faith requires expertise to prove. Remember, marriage certificate does not mean the marriage is valid in the eye of immigration law. Many other documents are required to prove that the marriage is not entered into for immigration benefits only. 
    You have one shot. You are advised to count on expertise of an experienced immigration lawyer to prove your case. 
    If you contact us, we will listen to you carefully and will advise you based on our knowledge of law and experience in proving case of this sort. We will help you to be on your own feet. 

    Consequences of Denied Asylum Petition

    Refugee status or asylum may be granted to people who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion. The fear must be well-founded or reasonable. You must work with an experienced lawyer to establish appropriately. You must file within one year you enter the country unless you can prove changed circumstances. 
    Consequences if you are denied asylum. 
    Many people seek asylum as safe resort to stay in US. Many lawyers actually encourage that because the petitioner gets to stay here indefinitely. Then what will happen if asylum is denied? There are two ways to apply for asylum. One way to affirmative, i.e, apply to USCIS. If denied, the petitioner will be put in removal proceeding where the petitioner will be put in front of a judge. The proceeding will take a long time. Petitioner will get work permit while waiting. Then most likely, a removal order will take place. Petitioners will be required to report to ICE until the date of removal is set. 
    Yes, it is true that petitioner gets to live in US indefinitely but the life quality is like in hell, unless it would be better than original one. 
    Therefore, if you are considering Asylum, have a sit-down with a trustworthy attorney and analyze your situations carefully. Don’t take that route unless you are absolutely sure. 
    We are truthful attorneys. We will help you to determine whether asylum is a battle worthy fighting for and if it is, we will fight hard for you. If it is not, we will recommend you some other good strategies based on your circumstances. Call us, you won’t regret. 

    Saturday, November 12, 2011

    How to persuade your employers to sponsor H1B for you?


    Not all company who hired you on OPT is willing to sponsor H1B visa for you. The reason can be so simple that it beyond your imagination. The truth of matter is many HR have no idea what H1B is or entails, therefore you need to convince your employer to take action for you. 
    How? You have to know for yourself what exactly H1B petition means to employers.  
    The employer must establish that the job requires the services of a professional, that the foreign worker qualifies as such a professional. Generally, the H1b visa is available for those workers who have a bachelor's degree in a technical field who will be working in a technical position that requires an undergraduate degree. 
    To protect the salaries of foreign nationals, employers are required to pay the higher of prevailing wage. The prevailing wage is the average salary paid to workers in the area of intended employment. 
    Therefore, if you can work with a lawyer to figure out a match so that they don’t have to think it through, your employer would be more willing to sponsor you. 
    Besides, if the employer is worried they are not big or profitable enough, there is good news for you. Small business may have other legal burdens in H1B petition, but profitability is not an issue. 
    All in all, you are advised to consult a lawyer before you talk to your employer about sponsorship so that you are sure about your eligibility. Of course, if you agree to pay for attorney fee, you are one more step closer to H1B. 

    Wednesday, November 9, 2011

    How Not To Say Goodbye To US Dreams

    How Not To Say Goodbye To American Dream In Bad Economy?

    Now that you are reading this blog, you may be one of those who have spent parents’ fortune to come to US, studied hard, graduated but could not find a job whatsoever. Time in US went by fast, you are so not ready to go home now.

    Well, this blog is written to tell you, “Yes, you can stay, if you want. “

    I will explain.

    Usually people immigrate to US through three ways: 1) family relations (including marriage); 2) investment 3) employment. Remember, merely F1 visa does not constitute immigration because F1 visa does not directly lead to green card. Most international students obtain green card through employment, i.e, find a job hoping the employer will sponsor you with a H1B (working visa).

    What happens if you can’t find a job? I am pretty sure this question has been tossing you around at nights. Unknown to a lot of people, it turns out you can sponsor yourself.

    USCIS issued a memo in January 2010 that reminds immigration lawyers and applicants that H1B is applicable to solo business owners. However, the memo stipulates that solo business owners have to prove there is employer-employee relationship and the employer has right to control the employee.

    That is to say that if you open a company in your name, you are eligible to sponsor yourself as your own employer H1B visa as long as your lawyer can help you to establish   that you meet the requirements of relevant law. You don’t know that, do you?

    Every case is different. We can’t get to details as to how but you are welcome to contact us for consultation in person.

    You must be asking how can I run a company, what the company should do. This firm has indeed great answers to these questions. This firm, in addition to experienced lawyer, is composed of experienced business consultants. We could help to plan, recommend projects and consult during your operation. In short, you will not be alone. For instance, for those who have great sense in fashion, we have a program that allows you to have your own fashion shop at the minimum start-up and operation cost. You will most likely be profitable since the first month.  Of course, we can work with you to fulfill your own entrepreneur ideas.

    Remember Obama’s campaign slogan?  “Yes, You Can!” For more information, you are welcome to contact us at 954 892 5517, asking for attorney Linda Liang.

    Tuesday, November 8, 2011

    Can Sole Business Owner Receive H1B Visa Employee?

    Can you own your company as an H1B Holder? The answer is yes. USCIS approves petition where the beneficiary owns 100% of the petitioning company and employer-employee relationship is established. 

    USCIS has issued Requests for Evidence (RFEs) for many companies where the beneficiary is also a stockholder of the petitioning company. Often times, the RFEs are issued even if the beneficiary owns a minimal percentage of shares in the petitioning company.

    Employer-employee relationship” is indicated by the fact that the petitioner may hire, pay, fire, supervise, or otherwise exercise the right to control over any such employee.
    As far as how to prove control of a company, please consult a lawyer or better off retain a lawyer's professional representation. 

    What is the success rate of immigration visa?

    Many clients must know what the success rate of an immigration visa is before they want to act. It is  understandable, however, there is no true answer to this question.

    Law gives requirement for each category of visa. Once you meet the criteria, you are eligible for this category and thus will be welcome to US. If not, you are not eligible. With this being said, if you meet the criteria of certain Visa, your success rate is almost 100%. If you don't, your success rate is zero. Others' case may be very different, so success rate is not relevant.

    作为 EB5的替代方案,L签证的成功率有多高?

    很多人都知道了, 除了EB5方案,通过中国公司在美国开分公司,派管理人员或特殊人才到美国,也能获得工作签证,并很快获得绿卡的方式。 很多人问到: L签证的成功率有多高? 这是个无解的问题。 因为,在法律上, 是照框框做馍馍的事。 你如果能满足法律的要求, 你就能照这个方式移民,你的成功率就是100%。 如果你不能满足法律规定的条件, 你的成功率就是零。 因为每个人的情况不同,每个人选择的移民方向不同,所以成功率的意义不大。 

    Thursday, October 27, 2011

    从送小孩出国读书引起的关于移民的思考


    总结本律师事务所接受到的咨询和客人的情况,我们发现,在国内几乎所有的有资金能力的人为了小孩的前途, 都想把小孩到国外读书。而美国目前还是首选。 

            小孩单独出国留学,除了让父母空槽、担心外,还有以下的利弊: 

           小孩子单独出国利在小孩子可以获得国外的文凭, 增强在国内的竞争力。 
    但弊端是: 1) 家长不能来, 或不能常来; 每次来要办签证, 手续复杂昂贵;   
                    2) 学费非常昂贵; 许多学校的国际学生的学费是本地学生的若干倍; 据统计,包括野鸡大学在内的学费每年在30万人民币左右; 
                    3) 没有小孩子可能会盲目消费。 有许多国际学生在美国买名车, 买名牌, 不认真学习, 不把父母的血汗钱当回事, 这使得小孩子的学习成本成了无底洞; 
                    4) 小孩子毕业后可能没有能力找到工作,就只能回国。 绿卡无望。 现在美国经济低迷,失业率非常高,愿意找外国学生的公司少而又少。 有绿卡是找到工作的前提条件。 

    移民方式二: 投资移民

            为了解决以上的问题, 加上其他的因素, 许多家长有了和孩子一起出国的念头。 EB5投资移民便成了热门话题。 什么是EB5呢?

             B5项目,又称为移民投资项目,是国会在1990年为了刺激美国经济,通过外国投资者的投资创造工作机会而建立的项目。移民投资者可以通过建立一个新的商业企业或者投资到一个困难企业。 每年有10000个投资移民的名额。 自1992年起,3000个名额分配给USCIS根据对经济的影响的预测而指定的区域中心。

            EB5 项目要求移民投资 50万或者 1百万 (取决于是否是在特定的雇佣地区。)特别雇佣地区是那些失业率高于全国水平1.5倍的地区。

            新的公司必须要在投资者活动绿卡到美国后两年内 (或在特殊的情况下,两年后一段合理的时间内)聘用10个以上全职员工。

              EB5有两种方式。 一种是直接投资, 另一种是投资给USCIS指定的区域中心。 如果是直接投资,投资者必须直接聘用员工。 如果通过USCIS指定的区域中心,投资者可以间接雇佣员工。我们下面将这三种方式的优势和风险做一分析:

    1) 投资给区域中心。
    优势: 投资给区域中心的最大的好处就是不用自己考虑雇佣人。 区域中心的聘用计划已经获得了批准。 移民局在审批临时绿卡的时候, 不再评审聘用计划。

    风险:A. 临时绿卡费用相当昂贵。 区域中心一般收 5 万美金, 合32万人民币的手续费。 无论临时绿卡能否办下来, 这笔费用都不会退回; 

    B. 永久绿卡不能得到保证。 很多人不知道,区域中心都是新公司。他们在申请作为区域中心的时候,都承诺移民局他们将在 2年内完成聘用计划, 也就是说, 两年内要开工。 所以,如果区域中心两年内没有开工,拿到绿卡的投资者就拿不到永久绿卡。
    1. 资金在别人手里,投资者没有风险控制能力。EB5是投资项目。 投资就意味着与区域中心分担风险。 如果区域中心承诺了退款, 以后打官司,法院不会支持, 因为你们签的合约是投资!

    D. 投资资金要受严格审查。 不为很多人知道的是, EB5的申请, 需要提供大量资金证明,证明投资的资金是完全合法获得的, 包括合法完税过的。 这点使很多投资者却步不前。 

    2)  投资给自己的项目,办理 EB5 绿卡;
           很多人以为EB5就是投资给区域中心。 其实不是。 EB5的传统项目是投资给自己。 如果你有条件自己投资 50万建立新公司或和别人合伙, 你的全家也可以获得绿卡。优势是你的项目是在你的掌控之中。 风险是你必须雇佣10个以上全职员工, 承担较大的运作成本。 

           鉴于以上的利弊分析,许多有投资意愿的人在了解详情后放弃了。 但是不是就没有办法让父母和孩子同时移民美国的办法呢?有的。 以下我们将介绍符合企业主, 企业高管和企业特殊人才的移民办法。 

    移民方式三: 跨国经理(L1) 签证

            顾名思意,跨国经理签证是给在美国有分公司的外国公司的经理或特殊人才发的签证。 美国移民局可以给外国公司派经理到美国开设分公司颁发 1年签证。该签证可以被延期到7年。  持该签证者任何时间可以申办绿卡。满足移民法条件的绿卡申请只有5个月的等待时间。 



           根据美国移民法第101(a)(15)(L)条,公司内部员工,如果在外国公司过去三年内连续工作了一年,可以到本公司在美国的分部,母公司,兄弟公司或分支机构担任公司经理或有特殊才能的职员。

            以下是L1签证和其他移民方式相比下的好处的分析: 
    1) 投资给自己, 资金自始至终在投资者的掌控中;  
    2) 不需要投入50万或 100万资金, 
    3) 持签证人可以自由出入; 不需在美国长期居住; 
    4) 申请绿卡没有名额的限制,因此不需要排3-5年的队; 
    5) 没有学位的要求; 
    6) 申请人是自己, 不需要看雇主的脸色。
         你是不是在想:我对美国人生地不熟,语言又不通, 我怎么运作公司啊?
          我们,美国移民和投资顾问事务所,帮你想到了这个问题和一条龙的解决方案: 
    1) 我们根据您的倾向替你选择商业机会;
    2) 我们根据您的资金多少选择可供购买的正在盈利的公司; 
    3) 我们根据您的资金多少制定您在美国的经营策落; 
    4) 我们替您出具严谨有说服力的商业计划书; 
    5) 我们的移民律师帮您起草出具其他相关的文件; 
    6) 我们帮您成立美国公司; 
    7) 我们替您递交L1申请;
    8) 等您拿到L1后,我们可以帮您协商购买商业计划书中说的类型的公司; 
    9)    在您的要求下,我们还可以代为管理您的业务; 
    10)我们的商业律师可以是您的常年法律顾问,保证您在美国的利益; 
    11) 我们的移民律师将一直知道您的运作,直到您拿到绿卡;  等等。  

          您是不是在问? 那我需要多少投资呢?
          答案是: 美国移民法没有硬性的规定。投资额取决于项目需求。 为了确保您的签证的顺利通过和您在美国事业的顺利发展, 我们建议您所在的公司只要能出具 USD15000或更多的资金证明。 但: 
             1) 您不需要说明资金的来源; 
             2) 在您拿到L1签证前,您不用将这笔钱打到美国; 
             3) 具体的运作很可能用不到这么多钱; 
              4)不管是在美国或外国,资金始终在您的掌控下。 

    如果需要律师分析你的现状,帮助你做决定, 欢迎和我们联系!

    EB5 OR EB1 (THROUGH L1)

    Choosing investing in EB5 regional center or in own project seems to be easy. Fear of operating in a completely unknown country is understandable. However, solution sometimes needs to be found to get over the fear if evidence that the investment funds were obtained through lawful means cannot be provided easily. Gift certificate is not sufficient to prove the legality of the funds.  For instance, if the funds is not reflected in the tax return, the petition will be denied.

    L1-EB1 does not have such requirement. Therefore, L1-EB1 is simpler path to US for some investors. For more questions, feel free to contact us.

    Monday, October 24, 2011

    How business style of US differs from that of China?

    How business style of US differs from that of China?

    We all know in China, it does not matter what you know, it matters who you know. People cherish who they know by staying in touch. Every time you call, you could safely expect a response. If you arrange after work dinner, most likely your guests will agree to attend at certain time. People spend 90% time socializing and bonding.

    Whereas in US, in most cases, phone calls are filtered through. You will have to leave a message and you have to be lucky to receive a call back. The reasons are people don’t pick up calls in many circumstances: not while driving, not in a meeting, not while talking to someone or not in the middle of anything. Therefore, in both life and business, email is expected to be the primary way of communication. You need to email to schedule a time to talk over the phone or in person. As the result, bonding is more or less figurative speech.

    There is no use to judge what is right or wrong. It is what it is. Nobody can change it. To survive, one has to adapt to it. Of course, knowing what to expect is the first step. That’s why this article is written.

    Friday, September 2, 2011

    Be aware investors: Should I invest in Regional Center or my own project:


    Choosing investing in EB5 regional center or in own project seems to be easy. Fear of operating in a completely unknown country is understandable. However, solution sometimes needs to be found to get over the fear if evidence that the investment funds were obtained through lawful means cannot be provided easily. Gift certificate is not sufficient to prove the legality of the funds.  For instance, if the funds is not reflected in the tax return, the petition will be denied.

    L1-EB1 does not have such requirement. Therefore, L1-EB1 is simpler path to US for some investors.

    EB5 投资者须知: 是投资EB5 还是自己的项目(L1)?


    在EB5和L1之间选择似乎是简单得不能再简单了。 EB5 投资者可以当翘脚老板, L1-EB1投资者则需要参与管理。 许多投资者对后者的恐惧是可以理解的。 到一个陌生的国度运作一个公司, 似乎是不可能的事。 然而, 有的时候, 这种选择必须要做。 原因是,EB5的投资来源必须要经过严格的审查。 如果因为任何原因, 投资款不能证明是合法取得的,(比如是体现在税收报告上的。 )EB5的申请就会被拒绝。 注意, 礼款不可以证明是合法获得。

    L1-EB1没有这项要求。 所以对很多人来说, L1-EB1就是简单点的方式。 至于说如何管理, 相信心想事会成。



    如有疑问, 欢迎联系我们。

    Are you getting the right immigration help?


    Many people offer help with immigration services. Unfortunately, not all are authorized to do so. While many of these unauthorized practitioners mean well, all too many of them are out to rip you off. This is against the law and may be considered an immigration service scam.
    If you need help filing an application or petition with USCIS, be sure to seek assistance from the right place, and from people that are authorized to help. Going to the wrong place can:
    Delay your application or petition
    Cost you unncessary fees
    Possibly lead to removal proceedings

    Only attorneys or accredited representatives can:
    Give you legal advice about which forms to submit
    Explain immigration options you may have
    Communicate with USCIS about your case

    An attorney or a BIA-accredited representative can legally represent you before USCIS. Your legal representative must file a Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, with your application(s).  USCIS will send information on your application to your legal representative.

    Accredited Representatives
    A BIA-accredited representative working for a BIA-approved organization is eligible to represent you before USCIS and EOIR.  BIA accredited representatives are not attorneys, but they may give you immigration legal advice. An accredited representative must work for a BIA-approved non-profit, religious, charitable, social service or similar organization in the United States. Her or she may only charge nominal (small) fees, if any, for legal services.

If you choose to work with a BIA-accredited representative from a BIA-recognized organization, you should:
    Check the BIA website for the List of Accredited Representatives and Recognized Organizations.
    Ask to see the BIA order granting the application of the recognized organization.
    Ask to see the BIA order approving the individual as an accredited representative. Approval is granted for three years.  Make sure that the BIA order is still valid and that the individual is approved to represent you before USCIS. The accredited representative should not have any problem giving you this information.

    Tuesday, August 30, 2011

    New Opportunities for Enterprenuers

    On Aug. 2, 2011,  USCIS outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment.  These initiatives will allow our nation to realize the potential of current immigration laws to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow the U.S. economy and create American jobs.

    Availability of EB-2 National Interest Waivers to Entrepreneurs
    Entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interest Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States.

    Availability of H-1B Visas to Entrepreneurs
    Entrepreneurs with an ownership stake in their own companies, including sole employees, may be able to establish the necessary employer-employee relationship to obtain an H1-B visa, if they can demonstrate that the company has the independent right to control their employment.

    Monday, August 29, 2011

    Smart Investment Ideas


    Although this firm is Business Immigration firm advising on business investment based immigration strategy, we have helped so many investors to effectively move to US, We hereby offer tips on investment project.

    First of all, it’d be wise to conduct investment calculation for each business immigration options. We only company three major types: EB5, L1, H1 and E2.



    Type of Immigration  Actual Investment    Schooling Expense   Living Expense    Traveling Expense    EB5                              550,000                        $24000                      $50,000             minimum    no
    L1                            depends, could be less      $24000                      $50,000             minimum    no
    H1B                           same as above                $24000                       $50,000             minimum    no
    F1B                                0                                $200,000                     $50,000              $50,000   


    Note 1: If project is well chosen, the investment value will be preserved; especially on L1 and H1 B, investment can be returned; Thus the actual investment should be treated as cost;

    Schooling expense is roughly based on public school and college fee. For EB5, L1 and H1B, high school tuition is set to be zero because immigrant’s children are eligible to go to public school. College expense is set as average annual tuition for public college.

    Bad influence refers to immigrants’ child under certain age would buy luxury cars, spend furiously and not to study hard. Even worse, to expose to drugs.




    Business immigration ---Investing in Commercial Real Estate



    Unknown to most foreign investors, investing in Commercial Real Estate is the safest transaction conducts among all other business adventure. The reasons are as follows: 1) Commercial Real Estate Transactions, as all real estate transactions,  are all recorded with the state and are published on the Internet; 2) All procedures are standarized including realtor fees, closing fees and thus are all transparent; 3) The third party management company can be hired to manage all the matters for a set fee.

    All in all, every bit of transaction is made public online therefore investing in commercial real estate is very safe.

    What is business immigration? When to consider business immigration?



    Business Immigration is not a legal term. Business immigration is referred to as opposition of family based immigration. In short, any work-based immigration, rather than marriage based immigration, is attributed to business immigration. 
    When a person wants to immigrate, the first thing he thinks about is whether he has a family member who is permanent resident or US citizen. Usually the first in line who can petition for him is spouse, then immediate family members, including parent and child. If nobody can help, the option to consider is business immigration. 
    If you come from one of treaty countries with US, E1/E2 visa are possible; 
    If you are researcher or professor, you may consider NIW (National Interest Waiver); 
    If you will be hired by a company, or even hired by yourself, you may consider H Visa; 
    If you can find a project to do in US, including joint venture, you may consider L1 Visa; 
    If you want to be idle investor, then take a look at EB5 visa; 
    For details about eligibility, please refer to related posts. Comments are welcome!

    How do L1 visa holder obtain green card?



    You may be eligible for an employment-based, first-preference visa if you have an extraordinary ability, are an outstanding professor or researcher, or are a multinational executive or manager. Multinational executive or manager may obtain EB1 visa if 
    You have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you are seeking to enter the United States to continue service to that firm or organization. Your employment have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
    Your petitioning employer is a U.S. employer. Your employer have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
    EB1 visa shares the same criteria as L1 visa. Therefore, as long as a person is eligible for L visa, obtaining green card is matter of time. In other word, L1 visa holder is qualified for EB1 green card. 

    Do I need to make money on my underlying project in order to extend L1 and obtain green card?



    INA clearly lays out the eligibility requirements for L1. For instance, there is detailed description of requirement as to qualifying relationship between petitioning company and foreign company in question, there is definite description as to manager, special knowledge and executive. However, there is no regulation as to the size of investment and profitability, which entails that there is no need to profit for L extension and EB1 (green card). As long as the business is viable and the person is performing the functionality as promised, L extension will be granted, so as the green card, the latter shares almost the same standard as L 1 visa. 

    律师专业意见: 送小孩到美国读书的三种方式的比较(留学、EB5, L1 和 H1)



    总结本律师事务所接受到的咨询和客人的情况,我们得出的结论是, 几乎所有的投资移民的最终目的是送小孩到美国读书。 其中,一方家长因为在国内还有生意,不能长期待在美国。 虽然对投资回报率没有不现实的期望, 但至少希望资金保险。 
    针对这种情况,我们常常建议三种方式供家长考虑: 1) 小孩子寄读留学, 大人在家里; 2) 投资 50万; 3) 单独投资或者与当地伙伴联合经营。 以下是三种方式的利弊的比较。 
    1) 小孩子寄读: 
    好处是小孩子可以早日独立。 
    坏处是: 1) 家长不能常来; 每次来要办签证, 不批的可能性不是没有; 
                    2) 学费非常昂贵; 许多学校的国际学生的学费是本地学生的若干倍; 
                    3) 小孩子可能会盲目消费。 有许多国际学生在美国买名车, 买名牌, 不认真学习, 不把父母的血汗钱当回事; 
                    4) 小孩子毕业后可能没有能力找到工作,就只能回国。 绿卡无望。 现在美国经济低迷,失业率非常高,愿意找外国学生的公司少而又少。 如果小孩子有绿卡,找到工作的机会才有; 
    2) 投资 EB5; 
    好处: 1) 如果找到了好项目,不用操心管理; 
                2) 家长只要每年在美国住上一阵子就可以保住绿卡;
                3) 小孩子可以得到绿卡;  
    坏处: 1) 如果项目不够好, 拿到永久绿卡的可能性也减小了; 
                2) 投资有风险,投资回报没有保障; 
                3) 许多项目没有退股的选择; 
    3) L 签证
    好处: 1) 不用投资 500,000. 投你选择的项目要求的资金额; 
                2) 资金在投资者自己的掌控中; 
                3) 投资的项目不一定要立即盈利才能拿绿卡; 
                4)申请绿卡没有排队;
                5) 全家得到绿卡; 
                6) 家长可以随进随出; 
    坏处: 1) 自己要参与管理。 
    4) H1 B
    好处和坏处同 L 签证, 除了: 
    1) 不能随时进出; 
    2) 申请绿卡要申请劳工卡,而且有名额限制; 

    L1 签证持有者在美的公司要投多少钱?赚多少钱才能办绿卡呢?

    在美国成立公司麻烦吗?
    回答是不。 在美国成立公司和在中国成立公司有天壤之别。 在中国, 有注册资金一说。 注册资金一定要到为。 在美国就不用。 美国是注册制。 只要在上交一定的表格, 就可以了。 其他的基本文件,比如公司章程,公司股票分配。。。等等,可以请律师做。 所以,在美国成立公司不麻烦, 一般几百美金就够了。 

    L1签证的好处实在是太多。 但很多人还是不敢,因为他们担心他们在美国不会经营,而且不会赚钱。 当然, 这种担心也不无道理, 毕竟美国是个陌生的国度, 语言不通,习惯也不同。 当然,如果找到了合适的合作伙伴,这个担心也可以除掉。 剩下的问题是新成立的公司是不是一定要赚钱?
    美国移民法对L签证有很严格明确的规定。但这些规定中没有对投资额和利润的规定。  所以,只要是实实在在的公司,有可增长性的公司,公司经理就可以得到 L 签证,续签和得到绿卡。 当然美国移民法对经理的工作性质有非常细致的规定。 如果需要专业的帮助,请和我们律师事务所联系。 

    买房办绿卡 II


    中国房地产市场无可抵赖地是处于泡沫阶段。现在入市无疑是值得揣摩的。 而众所周知,美国的房地产是灾难性地低迷,很多地方的房产比同等的中国房产要便宜很多。 加之,几乎所有的人都想把孩子送出来读书,如果买房带绿卡就是好上加好的方式。 许多广告也说到这个梦想。 是这样吗?律师专业意见是: 这种说法是不准确的, 但买房办绿卡也是可能的。 为什么这么说?以下是我们的解释: 
    在说的买房办绿卡的时候,人们常常想的是买房子给小孩子的妈妈和小孩住。 这样是不行的。 要办绿卡, 买的房是商业房,比如商铺。 几个人可以成立公司,投资商铺,请专业公司管理,收租金, 这样就可以办绿卡。 怎样能做到,请参看 L1 签证方式。 

    Wednesday, August 24, 2011

    Visa Expiration Date and Duration of Stay

    Many individuals have difficulty understanding the difference between the visa expiration date and the length of time you have permission to remain in the United States (U.S.). These are very different terms.

    A U.S. visa indicates that your application has been reviewed by a consular officer at an American embassy or consulate, and that the officer determined you’re eligible to travel to a U.S. port-of-entry for a specific purpose.  a U.S. immigration officer of the Department of Homeland Security (DHS) decides whether to allow you to enter and how long you can stay for any particular visit.

    The visa expiration date reflects the length of time you are permitted to travel to a port-of-entry in the U.S.
    Duration of stay
    Upon arriving at a port-of-entry and  when admitted, a CBP officer places a small white card, Arrival-Departure Record, Form I-94 or a small green card, Form I-94W for VWP travelers, in your passport.  This card shows permission to be in the U.S.


    Should you need legal advice, you are welcomed to contact us by clicking on our profile.

    
Which one should I pursue? L-1 or H-1B


    Foreign employers have long enjoyed the benefit of L1 Visa which provides them opportunity to transfer themselves as executive, manager or specialized knowledge personnel to their US firm, whereas H-1B has been the number one choice for professionals with a bachelor degree.
    Now that many employers do have bachelor degrees and employers are now allowed to sponsor themselves, even as sole proprietary, H1B visa, it is imperative to compare these two for wiser choice.
    While both visa are nonimmigrant business visas for individuals who have talents beyond those of the unskilled worker pool, there are massive difference between these two. Readers are advised to compare these two to find which one is better fit for the situation in question. 

DIFFERENCES BETWEEN THE L-1 AND H1B

Education and Degree Requirements

There is practically no education and degree requirement with L-1 visa, whereas 
the H1B beneficiary must be in a specialty occupation requiring a bachelor's degree or equivalent and its equivalent. The beneficiary must hold a bachelor’s degree or its equivalent.
    Timeframes for L-1 and H-1

An L1A manager or executive may spend a total of 7 years on an L-1; an L1B specialized knowledge employee may spend a maximum of 5 years on an L-1; and an H1B beneficiary may spend up to 6 years on an H1B visa.
    No Prevailing Wage Requirement

A key feature of L-1 petitions is that they do not have a prevailing wage requirement. Conversely, H1B petitions require that the position be offered at the prevailing wage or the actual wage at the employer's workplace; whichever is higher.
    Spousal Work Permit Availability.
    Another favorable L-1 factor is that L-2 dependent spouses may obtain Employment Authorization Documents (EADs) and work in the U.S., while H-4 dependents are prohibited from working. 

    Government Related Certification 

Unique documentation that must be submitted for the H1B includes the Labor Condition Application (LCA) from the Department of Labor (DOL). While there is no DOL involvement in the L-1 petition.

    Labor Certificate For Permanent Residence
    H1B beneficiary must go through stage of Labor Certificate Authorization before Immigration visa can be applied for. This stage takes infinitely long time. During the wait, H1B holders must stay with the sponsoring employer no matter what happens unless they forfeit their application.Many H1B visa holders find it hard to make life decision, to the least not being able to have peace of mind during the whole process as H1B visa holders.










    The summary: If a person is eligible for both L1 and H1B, L1 is by far the better immigration solution.




    Tuesday, August 23, 2011

    L1 常见问题与回答

    Q: 我要多少投资才能办L1;
    A: 这取决于你自己的项目。 你只需要証明你有足够的资金能力启动和运作你在美国的项目。

    Q: 我要先打款吗?
    A: 这是 L1最大的好处。 你不用事先打款。 你可以等到你拿到 L1签证后才真正打款。

    Q: 办了L1后, 我一年要在美国住都久?
    A: 这也是 L1的好处之一。 作为工作签证的持有者, 你可以随时进出美国。 根据你在你美国公司的职位, 你也可能不经常在美国。

    Q: 办了 L1后多久我能申请绿卡?
    A: 美国公司成立一年后, 你可以申请绿卡。

    Q: 什么情况下我能延期 L1 签证?
    A: 只要你按照上交的计划运行公司, 你就可以获得签证的延期。 公司是否盈利不是考核的因素。

    Q: 申请绿卡后要多久才能拿到?
    A: 根据移民局的工作进程有变化。 按现在的进度,绿卡需要2-3年。

    Q: 我的绿卡申请会不会不被批准?
    A: 只要你按照你上交的商务计划运作你的公司, 你的绿卡申请就很可能会被批准。

    Q: 办了绿卡后,我的家人能来吗?
    A: 是的。

    EB5 常见问题解答

    Q: 我的EB5的临时绿卡的申请会不会得不到批准?

    A: 这取决于你的钱是否是合法获得, 还有你是否投资到区域中心。

    如果你能証明你的资金是合法取得,而且不是借来的, 你就离批准近了一步。 如果你投资到区域中心, 你也不用証明你能在未来两年内创造10个工作,因为区域中心已经帮你向移民局做了该方面的保证。  如果你投资给自己的企业, 你必须証明你有能力在未来两年内创造10个就业机会。

    Q: 我的EB5的永久绿卡的申请会不会得不到批准?

    A: 这就要看投资项目在两年内能不能开工, 或者有没有创造10个就业机会了。 这点, 投资给区域中心或投资给自己的项目都是一样的。

    Q: 我怎么知道区域中心会不会成活或赚钱?
    A: 运用常识!

    Q: 怎样才能拿回我的投资?

    A: 投资是没有办法拿回来的。 不管项目管理者如何承诺,投资就是投资。 如果项目不能成活, 投资者必须风险共担。 解决方案就是接受贷款的方式。

    Q: 我能要求看成功案例吗?

    A: 虽然这个问题的提出是值得理解的。 但美国法律要求业主和律师严格保护股东的隐私。 如果有人提供了其他投资人的信息,他们这么做是犯法的。

    L1 Frequently Asked Questions



    Q: How much money do I have to invest to obtain L1 visa?

    A: It depends on your planned projects. You are obligated to prove that you have the financial ability to sustain the operation of your US office.

    Q: Do I need to wire money first?

    A: No, you don't need to. This is actually an advantage of L1 visa.

    Q: How long do I need to stay in US after I obtain my initial L1 visa?

    A: This is another advantage of L1 visa. As work visa holder, you may travel in and out of US as you wish. Depending on what your position is, you may be eligible for green card without being US for a long time.

    Q: How long after L1 may I apply for green card?
    A: After US firm has been operating for one year.

    Q: Under what circumstance may I extend L1 Visa?
    A: As long as you operate the company as planned, you may be approved for extension. Whether the company is profitable is not a requirement.

    Q: How long do I need to wait for my green card?
    A: it depends on USCIS’s workload. Based on the processing time now, it takes 2- 3 years.

    Q: Is my green card application going to be approved?
    A:  As long as you operate your company as planned, you will be.

    Q: May my family come?
    A:  Yes. 

    EB5 Frequently Asked Questions


    Q: Will USCIS approve my application for conditioned green card?

    A: It depends on whether your money is legally obtained, whether you invest in a regional center.

    You must prove to USCIS that the investment money is obtained legally and is not borrowed. If you invest in a regional center, you don’t need to prove you will create 10 jobs within 2 years because Regional Center has made such promise to USCIS on your behalf.  If you invest in your own project, you must bear the burden to prove that within 2 years, you will create 10 direct jobs.

    Q: Can the condition be removed at the end of the second year of my conditioned green card?

    A:  It depends on whether the project in question will start or not, i.e, has the project actually created 10 jobs as planned. This requirement is the same to both investment with Regional Center and to investor’s own enterprise.

    Q: How do I know whether a Regional Center is viable or will be profitable?
    A: Use common sense!

    Q: How do I redeem my investment?

    A: Unlike loan, investment is not refundable. No matter what the project developers promise, investment is investment. If the business is not viable, investors are required to share the risk. The solution is to provide loan to the project.


    Q: May I see successful cases?
    A: No, you may not, although the request is reasonable. However, American law requires founders and lawyers to protect the privacy of the stakeholders. Nobody has the legal rights to disclose stock holder’s private information.



    EB5 Risk Analysis And Suggested Solutions.


    Considering EB5 program as a venue to permanent residence? Regional Centers sound like a safety-box to you? If your answers to these questions are both yeses. You need to read along.

    First of all,  when you are counting how much you need to spend in order for your new life in US, you should not stop at $500,000. Why? because besides the investment you need to make to the project, you need to buy a new home and pay for college of your children. Of course, there will be living expense too to consider.

    Secondly, let’s face it. Nowhere in the law stipulates that Investment with Regional Centers is not insured by US government. EB5 investment, like all other investment you have made, are risk-bond. Therefore, you have homework to do!

    Investors have three avenues to green cards. 1) Invest in Regional Centers, obtain temporary green card, permanent green card two years later; 2) Invest in new enterprises of his own, obtain temporary green card, permanent green card two years later; 3) Invest in new office or joint venture in US, obtain L1 visa and then green cards. (We call EB1)

     The following is analysis of pros and risk.

    1) Invest to Regional Center.
    Advantage: the benefit in investing in Regional Center is that you don’t need to worry about creation of jobs. As we all know, EB5 investors are required to create 10 full time jobs through his investment. To become Regional Center, developer must promise USCIS and they are going to create 10 jobs directly or indirectly. Therefore, USCIS assumes that Regional Center will create 10 jobs when adjudicate investor visa petition.
    RiskA, Unknown to a lot of people, Regional centers are all new enterprises. They are approved as Regional centers not because they have created 10 full time jobs or 10 indirect jobs, they rather have persuaded USCIS to give them 2 years for them to achieve the goal. In this sense, it is not that obtaining temporary green card is uncertain. It is obtaining the permanent green card. If the  Regional Center fails to fulfill their promise--create enough jobs, i.e, they have not gathered sufficient funds to start, or even worse, they dissolved, investors will not receive permanent green card.
    Suggested solution: a) Investors must realize, USCIS does not guarantee the investment, and they have to make their own judgments about the projects in question. Or simply choose operating projects.

    Risk B: There is no exit strategy.
    EB5 program is designed for investors. Investors, like stock holders, are at risk! The courts will not support investors’ request to “exit” because the agreement is for investment, not for a loan!
    Suggested Solution:
    Choose Regional Center that ask for a loan from you, instead of investment.

    2) Invest to your own project.
    Many thought EB5 programs mean they invest to Regional Center. It is not true. EB5 start with laws that allow investors to create a new enterprises or expand a troubled business. The laws are still in effect.
    Advantage: You are in control.
    Risk: As other investment of yours, it is at risk.
    Suggested Solution: Use your own judgment in selecting the right project.

    3) Invest to yourself, creating a new company in US or a joint venture with current US firms. Investors will receive L1 visa and then will be able to obtain green card.
    EB5 grant temporary green card and then permanent green card. L1 visa is first step for EB1 green card. EB5 requires at least $500,000 in investment; L1 requires as much as your planned enterprises need. Specifically, investors may create a business plan which stipulate the investment size of a new office. Investors must prove they are able to sustain the operation of the new office. Upon receiving of L1 visa, the investors will operate the project as planned. As long as they do so, without making a profit, the investors will be eligible to obtain EB1 immigration visa which in turn to apply for green card.
    Advantage: 1) Investors don’t have to be here. Let’s face it, investors must take care of their businesses to sustain their new life and adventure in US. L1 visa offers them infinite entries in a year.
    2) Children enjoy the same benefit as those of green card holders;
    3)EB1 green card’s requirements are almost the same as that of L1 visa. Therefore, the investors’ ability to keep the promises to USCIS is the key to further success in green card application.
     4)If you create your own new office, you don’t even need to wire any funds to US. If you want to wire, you are wiring to your own account. Therefore, your investment is absolutely safe.
    Risk: L1 visa (Later EB1 green card holder) must manage their own companies. Not everyone has the courage to do so. Therefore, L1 is not for everyone neither.
    Solution: Find the right project for you and the right lawyer.

    EB5 投资移民风险分析

    正在考虑 EB5投资移民?友情提醒:投资有风险,决策需谨慎

    众所周知, 中国人有钱了。 太多人钱多得数不清。 为了孩子读书,花再多的钱都值得。 就是基于这个现象,美国EB5投资大潮的最大的弄潮儿是中国。 但是,我们中国人也是出了名地会精打细算。 咱们什么都吃,就是不吃亏。 不是吗? 50万美金的投资,毕竟是几百万。 谁想赔了啊?再说了, 移民到美国后, 还有一笔费用要计划出来给小孩子读书,给大人住。 所以,说的是投资50万美金,实际上要多计划出一些。

    投资移民有几种方式:1) 投资给区域中心,办理临时绿卡,再转永久绿卡。2) 投资给自己的项目,办理 EB5 绿卡;  3) 投资给自己的项目, 办理L1 签证,然后办理绿卡; (我们下称 L1方式)。

    我们下面将这三种方式的优势和风险做一分析:

    1) 投资给区域中心。
    优势: 投资给区域中心的最大的好处就是不用自己考虑雇佣人。 区域中心的聘用计划已经获得了批准。 移民局在审批临时绿卡的时候, 不再评审聘用计划。
    风险:A. 很多人不知道,区域中心都是新公司。他们在申请作为区域中心的时候,都承诺移民局他们将在 2年内完成聘用计划, 也就是说, 两年内要开工。 所以,如果区域中心两年内没有开工,拿到绿卡的投资者就拿不到永久绿卡。
    解决方案:
    a) 投资者对该项目能否在 2年内开工做出自己的判断!
    选择已经在经营的区域中心。


    没有真正的退出计划。
    EB5是投资项目。 投资就意味着与区域中心分担风险。 如果区域中心承诺了退款, 以后打官司,法院不会支持, 因为你们签的合约是投资!
    解决方案:
    有的区域中心承诺的是贷款。如果对方违约,你有权利把本金拿回来。

    2)  投资给自己的项目,办理 EB5 绿卡;
    很多人以为EB5就是投资给区域中心。 其实不是。 EB5的传统项目是投资给自己。 如果你有条件自己投资 50万建立新公司或和别人合伙, 你的全家也可以获得绿卡。

    优势: 你的项目是在你的掌控之中。
    风险: 和任何其他的项目, 你也有风险。

    解决方案: 精心选择。

     3) 投资给自己的项目, 办理L1 签证,然后办理绿卡; (我们下称 L1方式)。
    其实很多人不知道,不是所有的投资移民方式都要投资50万的。 投资者可以计划在美国设立分公司。根据该计划,和能够投入计划中所列的启动资金的証明,向移民局申请L1签证。 或者投资给美国的合作伙伴,由美国的伙伴申请 L1签证。 该签证可以延期若干次, 总共有效7年。 接着投资者自己的公司可以向移民局申请绿卡。 具体 L 签证的其他次要文件,请参看本律师其他的博客。


    好处: 1) 在拿到绿卡前不用坐移民监。 投资者可以自由来回照顾国内的生意。 (重要吧?!)
    2) 小孩子照样可以免费读读公立学校或居民的学费入私立学校; 
    3) 申请绿卡的标准是申请的公司是否按计划运作了公司; 公司不一定要赚钱; 所以能否被批准, 全在于投资者是否信守对移民局的承诺。
    4)如果是办理新公司,在L1签证被批准前, 投资者不用打任何资金到美国。 即使要打,也是打到自己的账上。 所以投资的安全性是绝对的。

    风险: 对于选择L签证的唯一的挑战就是信心不足。 因为L签证的持有者的公司是自己的控股公司,投资者必须要参与管理。 所以, 不幸的是, L1 签证也不是适合所有的人的。

    解决方案: 投资者找到适合自己的投资项目, 咨询懂中国(不仅仅是中文)的美国注册移民律师。

    如需帮助,欢迎和本所联系!

    EB5 green card and L1 -EB1 Green Card Investors’ Concern About Continuous Residence Requirements

    There are split opinions about how long a person should reside in US after they obtain green card. The majority says it is 6 months. Some say it is 1 year. As a result, some are scared to leave US even for bona fide reasons, such as for work. Especially for EB5, EB1 (L1 Visa)  investors, it is a massive challenge because in order to sustain their expense in US, they have to continue to work in their own country. Thus, the answer that follows should be very helpful.

    There are two levels of requirements. One is to keep the green card. The law stipulates that in order to prove that the green card holder does not intend to abandon the permanent residence, the green card holder must stay in US in continuous manner, that is to say, he cannot be overseas for longer than one year. However, if a travel document is obtained before the long absence occurs, he can be considered as having complying with the requirement.

    On the other side, if a person is absent from US for longer than 6 months, the continuous residence is broken for the purpose of naturalization. Of course, there are exceptions to this rule too. To find out whether you are eligible for naturalization, you are advised to consult a lawyer. For better result, hire a lawyer for your application.

    什么是美国的移民监?投资移民如何避免移民监?

    “移民监”是关于维持绿卡的不正式的说法。95%的投资移民都要严肃地考虑这个问题,因为他们到美国来的目的仅仅是为了小孩读书, 而他们在国内有生意要做,没有条件长期在美国待着。 许多人联系我们,问我们有没有什么解决办法。

     我们希望在此做一些简单的解释和建议。
    首先什么是移民监?移民监是指为了保持绿卡或申请公民, 要在美国连续生活一段时间。 其实有两个标准。 第一个是保持绿卡。 如果你在国外住上了一年以上,除非你事先申请了相关文件,你的绿卡会在你回国的时候被没收。 第二个是保持转公民的资格。 在一般情况下,如果绿卡持有者一年内在国外住了6个月, 他的公民申请就通不过。 当然也有可以被原谅的情形。 具体你符合什么情形, 建议你咨询律师, 甚至请律师代办公民申请。

    Sunday, August 21, 2011

    What EB5 investor should know about forming a partnership

    Partnership is acceptable as a form of investment in EB5 program. Partnership is common form of ownership in United States. Knowing what you are getting into is important, isn't it?

    We provide general ideas of partnership here. For better understanding, consulting with a lawyer is strongly advisable.

    General Partnership
    Partnership is established once two or more persons enter into agreement for profit. Partnership has the following characteristics:
    1) Each partner is personally liable for business debts, taxes or tortious liability. F
    2) A partnership agreement may provide for the manner in which profits and losses are to be shared.
    3) Each general partner is deemed the agent of the partnership. Therefore, if that partner is apparently carrying on partnership business, all general partners can be held liable for his dealings with third persons.
    4) A partnership agreement may designate certain partners to manage the partnership along the lines of a company board.

    Limited Partnership

    A limited partnership, like general partnership, has two or more partners. The difference is that some partners are general partners, some are limited partners. While general partner has unlimited personal liability,  a limited partner's liability is limited to the amount of his or her investment in the company. LP's are creatures of statute since they must file with the state to form them. Because of the limited liability of limited partnerships, they often are used as vehicles for raising capital. The limited partnership is a separate entity and files taxes as a separate entity.

    Limited Liability Partnership
    An LLP allows all the partners receive limited liability protection. In a LLP, all the partners can take an active role in managing the day-to-day affairs of the business. In order to form LLP, an LLP must first register with the Secretary of State. An LLP formed in another state must register with the Secretary of State where they conduct business. 

    Even if you have a basic understanding now about partnership, you should retain a lawyer to choose the best form for you.

    EB5 Program Made Safe



    EB5 Program is not news anymore. Many people have heard of it. Usually people mistake EB5 program with EB5 pilot program, which means investing in regional centers. As a matter of fact, investor may invest in a standalone business and create 10 direct jobs to meet the requirements. The standalone business could be:
    1) Established after Nov. 29, 1990, or
    2) Established on or before Nov. 29, 1990, that is:
A. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
B. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

    The business may take form in
    A sole proprietorship
    Partnership (whether limited or general)
    Holding company
    Joint venture
    Corporation
    Business trust or other entity, which may be publicly or privately owned


    In this sense, EB5 investors don't have to "pay and pray". They can be in control if they want to. Now, isn't it a good news?

    Friday, August 19, 2011

    L1 签证申请者的好消息: 最大限度地保证投资的安全的办法

    许多人已经明白 L1签证相比 EB5 项目需要的投资要少。 但, 对于许多人生地不熟的新移民来说, 就算你看中了一个项目, 但要把钱先打入项目在说能不能拿到L1签证,也不是不让人担心的事情。

    事实上,有个方案可以解决这个问题。 这个方案就是: L1 签证新公司。

    你可以成立一个新公司。 以新公司的名义申请跨国经理和特殊人才。 凭一个写得很好的投资方案, 你可以获得L1签证。 这样,你不用在得到 L1签证前打钱到美国。 即便要打, 你也是打给你自己的。

    在你得到了 L1签证后, 你可以和你的伙伴成立合伙企业, 然后你可以申请 L1签证的延期和申请绿卡。

    在这样的情况下,在 L1签证的申请过程中, 你的钱始终是在你自己的口袋里。 你喜欢这个方案吗?

    How to protect your personal interest as L1 visa beneficiary?



    Many people understand L1 visa requires much less money to obtain US legal status to USA. However, let’s face it, L1 visa sounds a little scary too because, as with EB5, investors need to invest and stay uncertain that the money is out of pocket whereas the visa is not in your hand.

    Well, there is a solution here, which is L1 visa for new company.

    What you can do is to set up a company and petition as a new company for multi-national executives, managers and special knowledge professional. You visa may be granted based on a thoroughly-written business plan. That way, you don’t have to wire money to US, or if you do, you wire to yourself.

    After you receive your L1 visa, you may form partnership with some company to pursue your goal set up in your business plan. You then can apply for extension of L1 visa and pursue green card from there.

    This way, you don’t have to really invest until you actually receive L1 visa and that you are in control of your funds from start to finish. Don’t you like that idea?!!


    Thursday, August 18, 2011

    New Procedures for Processing EB-5 Petitions


    USCIS is enhancing the EB-5 immigrant investor program by transforming the intake and review process.  In May, USCIS proposed fundamental enhancements to streamline the EB-5 process which include: extending the availability of premium processing for certain EB-5 applications and petitions;  implementing direct lines of communication between the applicants and USCIS; and providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues in an application.  After reviewing stakeholder feedback on the proposal, USCIS will begin implementing the first of these enhancements within 30 days.

    Availability of H-1B Visas to Entrepreneurs

    Entrepreneurs with an ownership stake in their own companies, including sole employees, may be able to establish the necessary employer-employee relationship to obtain an H1-B visa, if they can demonstrate that the company has the independent right to control their employment. USCIS has updated existing FAQs to clarify this issue.

    听说,企业家自己可以为自己申请工作签证, 是这样吗?

    根据最近 USCIS的消息,企业主如果能証明公司有权利雇佣和解雇人员, 他就可以申请 H1B. 当然他同样需要满足其他H1的条件

    Wednesday, August 17, 2011

    How long does it take for L1 visa to be approved?


    It depends on a couple of factors: 1) workload of the USCIS; 2) the preparation of the petitioning packet and 3) whether the petitioning choose premium service.
    Depending on where the company is, the petition is processed in different service center. How soon you can hear back from USCIS depends on how busy the center is. Vermont, for instance, promises to take one month to process L1 visa petition. California, on the other hand, promises 2 months. However, it is uncommon for service center to take longer than they state on USCIS website.
    If the preparation is not sufficient, USCIS will reject (not deny at first), which drags the petition long.

    If the petitioner choose premium service, the USCIS will guarantee a decision within 15 days.

    How long do I have to wait to get my green card?


    It is not uncommon for people to wait for a long time to immigrate to US. They not only have to wait for petition to be approved, which depends on the category of petition and workload of USCIS. More than often, they have to wait for indefinite time after their petitions are approved. Why is that?

    The reason immigration beneficiaries need to wait for long time is because The Immigration and Nationality Act (INA) sets the number of immigrant visas that may be issued to individuals seeking permanent resident status (a green card) each year.

    Immigrant visas available to “immediate relatives” of U.S. citizens are unlimited, so are always available.  Family sponsored preference categories are limited to 226,000 per year and employment based preference visa are limited to 140,000 per year.  In addition, there are limits to the percentage of visas that can be allotted to each country.

    Tuesday, August 16, 2011

    Can I apply for Green Card while on E2 Visa?


    The answer is yes. There are two types of visas. One is immigrant visa, another one is non-immigrant visa. Immigrant visa is base for adjustment of status--green card. E2 visa is non-immigrant visa. Adjustment of status is not automatic. However, E2 visa holder can apply for family-based immigrant visa or employment-based immigrant visa in order to adjust status to permanent residence.





     











    Monday, August 15, 2011

    Am I qualified for H1-B Visa?



    This is an actually two-part question. Part 1: Am I qualified for H-1B visa? Which type of H-1B visa am I qualified for?

    There are three types of H1-B visa. The law holds different requirements for each one.

    The first type is H1-B for special occupation. What is special occupation? Special occupation is defined by law as a job that is so complex or unique that it can be performed only by an individual with a bachelor or higher degree. Therefore, for a person to qualify for H1-B, he must have completed US bachelor or higher degree, or hold a equivalent foreign degree, or have education, training or experience that is equivalent to the completion of such a degree.


    The second type is  H-1B2, DOD temporary work visa for DOD Researcher and Development Project Worker. The job must be a cooperative research and development project or a co-production project is provided for under a government-to-government agreement administered by the U.S. Department of Defense.
    To be eligible for this visa category one must have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university or its equivalent, including equivalent foreign degree or training or education or experience.
    There is also a type of H-1B visa designed for Models. For a fashion model to obtain H-1B visa, the job must require a fashion model of prominence. Prominence means a person is renowned, leading in the field of fashion modeling. To be eligible for this visa category you must be a fashion model of distinguished merit and ability. Noted, H-1B2 does not require a bachelor degree or higher.

    What is L1 B Visa?



    L-1 Visa is intracompany transferee visa. Many people tend to think it is meant only for executives. Actually, by law, Specialized knowledge professional are qualified for L-1 B visa.

    Who are these Specialized Knowledge Professionals? Specialized knowledge means special knowledge possessed by an individual of the petitioning organization's product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an advanced level of knowledge or expertise in the organization's processes and procedures.
    Thus, professionals having such specialized knowledge are eligible L-1B applicant.

    Saturday, August 13, 2011

    I like the idea of L1 visa, but I don't know what to do in US. What can I do?

    Many people love the idea to immigrate through L1 visa. but they can't take advantage of this opportunity because they are reluctant to operate a company in US. However, one thing they don't know is that they don't have to.

    There are two types of L1 visa, as far as the petitioner is concerned.  Foreign company can either send a person to open a new company, or have a joint venture with existing US company. For instance, if a foreign company invests 51% share in an existing commercial real estate company, they can oversee specific transaction and let others do the actual work. That way, they get to control the company with the help of the other partners and existing personnel.

    Therefore, if a foreign company can buy 51% share of profitable existing business, the foreign company can get L1 visa and then green card. 



    我听说 L1签证很好。 但我不知道如何在美国操作公司, 我该怎么办?

    有两种方式获得 L1 签证。 一种是到美国开新的公司, 并且已经租赁了办公地点; 这种方式不适合所有的人,因为很多需要到美国来的人人生地不熟, 语言不通,不懂得如何操作公司。 所以很多人听说L1后, 却迟迟不能行动; 另一种方式是购买 50% 以上的商业股份。 比如, 一个外国公司购买在美国运作房地产的公司的51%的股份,在老股东的帮助下,可以顺利地运作该公司, 并且能得到签证。

    I am canadian. I heard there is a special work visa for me. Is that true?

    TN Visa for Canadian and Mexicans

    Good news for Canadian and Mexican citizens. Under North American Free Trade Agreement (NAFTA),  Canadian and Mexican citizens may apply for TN visa to work in the U.S. in a designated professions in NAFTA.

    The applicant may obtain a TN visa in a US consulate in Canada with a letter from employer in the US indicating that the position in question in the U.S. requires the employment of a person in a professional capacity and evidence that the applicant is qualified for the position.

    Friday, August 12, 2011

    What is Labor certificate

    A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain a certified labor certification. The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

    Applications filed on or after March 28, 2005, must comply with the new PERM process and adhere to the new PERM Regulation;
    There must be a bona fide, full-time permanent job opening available to U.S. workers.
    Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the employer shall document that the job opportunity is described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
    The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

    The advantage of L1 Visa.



    The money is always in your pocket. You don’t have to invest in others and have nightmares;
    You can travel as much as you can; there is no immigration jail.
    Your spouse and dependent can come with you;
    Your children go to school without paying international student tuition;
    There is no wait for Labor Certificate when applying for green card;

    L1 Visa 的好处:


    1. 你的钱始终在你的口袋里;
    你来去自如,不用坐移民监;
    你的配偶和小孩和你一起来;
    你的小孩读书不用付国际学生的学费;
    申请绿卡时不用等劳工卡;

    What is Labor certificate

    What is labor certificate

    A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign worker to work permanently in the United States. In most instances, before the U.S. employer can submit an immigration petition to USCIS, the employer must obtain a certified labor certification. The DOL must certify to the USCIS that there are not sufficient U.S. workers able, willing, qualified and available to accept the job opportunity in the area of intended employment and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.

    Applications filed on or after March 28, 2005, must comply with the new PERM process and adhere to the new PERM Regulation;
    There must be a bona fide, full-time permanent job opening available to U.S. workers.
    Job requirements must adhere to what is customarily required for the occupation in the U.S. and may not be tailored to the foreign worker's qualifications. In addition, the employer shall document that the job opportunity is described without unduly restrictive job requirements, unless adequately documented as arising from business necessity.
    The employer must pay at least the prevailing wage for the occupation in the area of intended employment.

    Am I qualified to obtain H1-B?


    H1-B is nonimmigrant visa for temporary worker in specialty occupation. To qualify H1B, you must intend to work in specialty occupation.

    You may consider to apply for H-1B if
    you have a bachelor’s or higher degree or its equivalent
    the nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree.
     or 3) have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

    According to the newly announced clarification, self-employed entrepreneurs are able to obtain H1B if he or she can prove qualified employer-employee relationship and the company has independent control over the beneficiary.


    Friday, August 5, 2011

    L1-Visa or EB-1 Visa?

    Employment-Based Immigration: First Preference EB-1(c)
    You may be eligible for an employment-based, first-preference visa if you are a multinational executive or manager. Each occupational category has certain requirements that must be met:
    You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

    Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.

    The difference between L-1 Visa and EB-1(c) visa is that the latter can be base for adjustment of status.

    谁能申请 L-1 签证--公司内部调动员工签证?

    一般来讲,根据美国移民法第101(a)(15)(L)条,公司内部员工,如果在外国公司过去三年内连续工作了一年,可以到本公司在美国的分部,母公司,兄弟公司或分支机构担任公司经理或有特殊才能的职员。

    该条款对如上所提的公司关系的定义如下:
    “母公司”指有子公司的公司; 
    “分公司”指同一公司在不同地方的办公室;
    “子公司”是指公司直接或间接地拥有一半以上的财产和控制权; 或直接或间接地
    拥有50% 的50-50的合资公司并有同等的控制和否决权, 或者直接或间接地拥有少于一半的公司财产,但事实上控制该公司。


    “兄弟公司”是指(1)两个公司的母公司是一家公司或一个人; 或者 (2)两个公司的股东是同一些人,这些股东持有相同股份; 或者 (3) 在美国公司成立的伙伴公司,提供同样的服务。

    任何满足以上条件的公司都可以为外国公司的合格员工申请L-1 签证--公司内部员工调动签证。

    Who is qualified to petition L-1 Visa- Intracompany Transferee Visa?

    General. Under section 101(a)(15)(L) of the Act, Intracompany Transferee Visa (L-1 Visa) allows an alien who, within three years has been employed abroad continuously for one year by a legal entity to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary as a manager or specialized worker. 


    The the section of the Act defines qualifying organization as follows:

    "Parent" means a firm, corporation, or other legal entity which has subsidiaries.
    “Branch" means an operating division or office of the same organization housed in a different location.
    “Subsidiary” means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
    “Affiliate means” (1)  One of two subsidiaries both of which are owned and controlled by the same parent or individual, or (2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or (3) In the case of a partnership that is organized in the United States to provide accounting services along with managerial and/or consulting services and that markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of the United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.

    Any legal entity having above-mentioned relationship with a foreign legal entity is eligible to petition for L1 Visa for Intracompany Transferee.