Motion to Reopen/Reconsider Before Board of Immigration
My petition is denied, is there anything I can do?
Many clients ask us this question. It is a right question to ask because the answer will lead to a solution.
It is the fact that many fraudulent immigration petitions are approved without difficulty, unfortunately many truthful petitions are denied. Understandably, the denials leave the petitioners dumb-founded and desperate. Many of them regret for preparing the petition themselves or simply get angry with USCIS officers.
The response is: hold the anger because the game is not over yet. USCIS is led by Board of Immigration. The petitioner may file motion to reopen/reconsider before the Board, which will likely turn the decision around.
There is difference between motion to reopen and motion to reconsider. If a party has new facts after the decision is made, the facts don’t exist before the decision and the facts are material to the petition, the party should consider filing motion to reopen within 30 days.
If a party thinks the officer, in making decision, applies a wrong law or ignores a material fact of the case, the party should file motion to reconsider for the board to correct the error the officer allegedly made.
A motion to reconsider shall state the reasons for the motion by specifying the errors of fact or law in the prior Board decision and shall be supported by pertinent authority. Like motion to reopen, a motion to reconsider a decision must be filed with the Board within 30 days.
A party may file only one motion to reconsider any given decision and may not seek reconsideration of a decision denying a previous motion to reconsider.
A party may file only one motion to reopen deportation or exclusion proceedings and that motion must be filed no later than 90 days after the date on which the final administrative decision was rendered in the proceeding sought to be reopened.
Sunday, July 31, 2011
EB5 Green Card Process
Step 1: Foreign investor or their advisers carefully evaluates EB5 documents and Offering Memorandum to assess qualifications, risk and opportunity.
Step 2: If interested in joining one program, the Investor applies by submitting $500,000 into the program's escrow account and providing signed Subscription & Partnership Agreements, Subscriber Questionnaire, ?? Administration Fee, and other requested documents.
Step 3: Investor's immigration counsel, or investor’s chosen counsel, then prepares and files the comprehensive application package Form I-526 "Immigrant Petition by Alien Entrepreneur" to the USCIS.
Step 4: If petition is approved, USCIS sends case to US Embassy in the Investor’s home country for immigrant visa interview. If approved, US Embassy issues the immigrant visa and investor (and family members) enters the United States to receive Conditional Green Card – valid for 2 years. If petition is denied by USCIS, funds deducting administrative funds are promptly refunded to the Investor from the escrow account without deduction from or interest on that capital.
Step 5: Upon approval of I-526 Petition by the USCIS, the investor’s status at the Partnership moves from “Conditional Limited Partner” to “Limited Partner” and the funds held in the Bank of America escrow account are released to EB5 program.
Step 6: Investor and family are free to live anywhere in the USA with unrestricted travel/work rights. But the family must live in USA 6 months in a year.
Step 7: After 21 months, Partnership’s immigration counsel files the Form I-829 “Petition to Remove Conditional Status” with the USCIS seeking permanent Green Card status.
Step 8: After 5 years of maintaining the full investment as Limited Partner in the Partnership and holding Green Card status, Investor and family may to apply for US citizenship. Investor may contact Partnership and explore exit options, if any, for return of capital.
Step 2: If interested in joining one program, the Investor applies by submitting $500,000 into the program's escrow account and providing signed Subscription & Partnership Agreements, Subscriber Questionnaire, ?? Administration Fee, and other requested documents.
Step 3: Investor's immigration counsel, or investor’s chosen counsel, then prepares and files the comprehensive application package Form I-526 "Immigrant Petition by Alien Entrepreneur" to the USCIS.
Step 4: If petition is approved, USCIS sends case to US Embassy in the Investor’s home country for immigrant visa interview. If approved, US Embassy issues the immigrant visa and investor (and family members) enters the United States to receive Conditional Green Card – valid for 2 years. If petition is denied by USCIS, funds deducting administrative funds are promptly refunded to the Investor from the escrow account without deduction from or interest on that capital.
Step 5: Upon approval of I-526 Petition by the USCIS, the investor’s status at the Partnership moves from “Conditional Limited Partner” to “Limited Partner” and the funds held in the Bank of America escrow account are released to EB5 program.
Step 6: Investor and family are free to live anywhere in the USA with unrestricted travel/work rights. But the family must live in USA 6 months in a year.
Step 7: After 21 months, Partnership’s immigration counsel files the Form I-829 “Petition to Remove Conditional Status” with the USCIS seeking permanent Green Card status.
Step 8: After 5 years of maintaining the full investment as Limited Partner in the Partnership and holding Green Card status, Investor and family may to apply for US citizenship. Investor may contact Partnership and explore exit options, if any, for return of capital.
移民美国初略－－Immigrating To US
又一个家属亲戚或左右邻居都拿到绿卡， 来回美国。 你在想他们怎么都那么有本事。 他们是不是都有关系。 其实， 在“北京人在纽约” 的时代， 绿卡曾是读书人的专利， 而现在，绿卡其实是一种生活方式的选择。每个人都可能得到绿卡。 梁律师专栏希望能帮你找到适合你的办法。 如果你有任何问题， 欢迎来email咨询。
我们以介绍移民概况开始， 接下去我们会讨论具体的获得绿卡的方式的细节问题。
获得美国绿卡（下称“移民”） 主要有五种方式。概要介绍如下：
亲属移民
美国公民和绿卡持有者可以为亲属申请永久性居住权。夫妻可以为配偶申请绿卡； 父母可以为儿女申请绿卡； 公民可以为兄弟姐妹申请。 但为兄弟姐妹申请等待的时间长达10年或更长。申请的步骤包括申请移民签证和调整身份。 如果被申请人在移民签证批准时不在美国， 国务院将在被申请人所在国面试被申请人； 如果被申请人在移民签证批准时在美国，
工作移民
工作移民分两步。 第一步是由雇主递交工作签证申请。移民局规定了五类工作移民人才： 1）特别人才，有突出成就的研究人员和教授以及跨国公司的经理或有特殊技能的雇员；2）有高等教育背景的专业人士； 3）技术工人，专业人士和其他同等的工作员工；4）其他特别人士，如为教会工作的人员；5）投资规定数额并为社会创造10个以上工作机会的人。 第二步是办理劳工卡。 第1)、4)和第5)类移民都不需要雇主证明美国国内同类人员短缺，因此不用通过办理劳工卡手续。 劳工卡的批准时间要1－2年时间不等。 第三步是调整身份， 即申请绿卡。 如果已经通过了第一和第二步， 只要申请人没有身体健康问题及没有犯罪记录，调整身份只是个手续问题。
投资移民
美国移民法允许外国人在投资一百万美金，创造10个工作机会后获得绿卡。或者外国人可在美国落后地区投资50万，直接或间接地雇佣10个人员后获得绿卡。直接雇佣10个人员是指投资人投资到自己的公司内。 间接雇佣其实是指投资者投资到移民局批准的项目上，由这些项目代雇佣10个员工。 这种绿卡的好处是一旦获得绿卡，配偶和21岁以下的小孩都可以得到绿卡，而且小孩可以在美国上大学时，付本地居民的学费。 但值得注意的是，投资移民不是说得那么简单。 投资有风险，即使投给移民局“认可”的项目上，风险都是自担。 移民局不做任何担保， 也不允许任何人做担保。 在投资之前，有很多问题需要慎重考虑。我们将在做专栏讨论。
政治避难
政治庇护其实可能和政治一点关系都没有。申请人是否受到迫害也不是必要条件。 许多人因此选择政治庇护方式来延长在美国的时间。 其实，以前， 申请一旦递交上去，在等待过程中，申请人可以获得工作证。一般等待时间是6个月左右。 可是，现在因为技术的发展，现在政治庇护的审批时间只有18天。申请批准后一年，申请人可以递交绿卡申请。可是申请人需要小心，因为申请一旦被拒绝，申请人即刻进入被驱逐出境程序。 这个程序很昂贵，而且很折磨人。 申请人要谨慎。
绿卡抽奖
美国移民法允许每年55,000人通过抽奖的方式获得绿卡。但能够参与抽奖的人只限于那些移民美国人数少的国家。中国当然不在其中。
我们的专栏将着重讨论工作移民和投资移民。 我们统称其为商务移民。 我们将尽可能讨论和商务签证相关的重要的细节。 如果你有问题，请来email咨询。 我们将尽力解答。
我们以介绍移民概况开始， 接下去我们会讨论具体的获得绿卡的方式的细节问题。
获得美国绿卡（下称“移民”） 主要有五种方式。概要介绍如下：
亲属移民
美国公民和绿卡持有者可以为亲属申请永久性居住权。夫妻可以为配偶申请绿卡； 父母可以为儿女申请绿卡； 公民可以为兄弟姐妹申请。 但为兄弟姐妹申请等待的时间长达10年或更长。申请的步骤包括申请移民签证和调整身份。 如果被申请人在移民签证批准时不在美国， 国务院将在被申请人所在国面试被申请人； 如果被申请人在移民签证批准时在美国，
工作移民
工作移民分两步。 第一步是由雇主递交工作签证申请。移民局规定了五类工作移民人才： 1）特别人才，有突出成就的研究人员和教授以及跨国公司的经理或有特殊技能的雇员；2）有高等教育背景的专业人士； 3）技术工人，专业人士和其他同等的工作员工；4）其他特别人士，如为教会工作的人员；5）投资规定数额并为社会创造10个以上工作机会的人。 第二步是办理劳工卡。 第1)、4)和第5)类移民都不需要雇主证明美国国内同类人员短缺，因此不用通过办理劳工卡手续。 劳工卡的批准时间要1－2年时间不等。 第三步是调整身份， 即申请绿卡。 如果已经通过了第一和第二步， 只要申请人没有身体健康问题及没有犯罪记录，调整身份只是个手续问题。
投资移民
美国移民法允许外国人在投资一百万美金，创造10个工作机会后获得绿卡。或者外国人可在美国落后地区投资50万，直接或间接地雇佣10个人员后获得绿卡。直接雇佣10个人员是指投资人投资到自己的公司内。 间接雇佣其实是指投资者投资到移民局批准的项目上，由这些项目代雇佣10个员工。 这种绿卡的好处是一旦获得绿卡，配偶和21岁以下的小孩都可以得到绿卡，而且小孩可以在美国上大学时，付本地居民的学费。 但值得注意的是，投资移民不是说得那么简单。 投资有风险，即使投给移民局“认可”的项目上，风险都是自担。 移民局不做任何担保， 也不允许任何人做担保。 在投资之前，有很多问题需要慎重考虑。我们将在做专栏讨论。
政治避难
政治庇护其实可能和政治一点关系都没有。申请人是否受到迫害也不是必要条件。 许多人因此选择政治庇护方式来延长在美国的时间。 其实，以前， 申请一旦递交上去，在等待过程中，申请人可以获得工作证。一般等待时间是6个月左右。 可是，现在因为技术的发展，现在政治庇护的审批时间只有18天。申请批准后一年，申请人可以递交绿卡申请。可是申请人需要小心，因为申请一旦被拒绝，申请人即刻进入被驱逐出境程序。 这个程序很昂贵，而且很折磨人。 申请人要谨慎。
绿卡抽奖
美国移民法允许每年55,000人通过抽奖的方式获得绿卡。但能够参与抽奖的人只限于那些移民美国人数少的国家。中国当然不在其中。
我们的专栏将着重讨论工作移民和投资移民。 我们统称其为商务移民。 我们将尽可能讨论和商务签证相关的重要的细节。 如果你有问题，请来email咨询。 我们将尽力解答。
Chinese Version--Rumor has it, buy one house, get one green card. -是真是假： 买房办绿卡
买房办绿卡吗？
听说在国内常常见到有“美国买房办绿卡”的广告。 我们事务所也常常收到电话或email查证。 是啊， 听上去真不错啊。 美国房产如今如此低迷，房子又好，价格又低过许多中国大城市的价格。 办了绿卡，小孩子读中小学不要钱，读大学的学费比直接就读低2／3以上。 如果真能如此就太好了。
答案是这种说法也对也不对。 说它对， 是因为从某种意义上确实如此。 说它不对，是因为过程没有那么简单。 根据美国移民法， 有两种方式可以做到“买房办绿卡”。
第一种是EB5. EB5是指投资者投资在美国偏远地区投资50万， 或在普通地区投资100万，并雇佣10个以上员工； 或者投资50万给移民局批准的项目，间接地由他们雇佣10个员工。 如果投资者购买的房产是投资回报的来源，比如通过投资项目购买酒店式公寓，该投资者拥有部分公寓的产权， 通过项目经营商统一经营而获利。从这个意义上说，确实是买房办了绿卡。 但不是这个说法所暗示的－－买房自己住就可以办绿卡， 而是，买房经营房地产，获绿卡。
第二种是L1签证。 L1签证是为跨国经理而设计的签证。 如果外国公司有心在美国设立分公司，并派经理到美国经营管理，美国移民局会给该经理发L1签证。 L1签证是基于雇佣关系的签证， 所以可以在一定的时间内转绿卡， 并且不用办理劳工卡手续。 如果经理人以这种办理绿卡，而且在美国开办的公司经营房地产业务，即： 购买一定数量的房产，并雇佣人员管理，公司从中获利， 这样的情况下，也可以说买房办绿卡。
有的人问到了E2签证。 和美国签有协议的国家的公民可以办外商投资者签证，E2。 这两种签证的好处是它们可以无限延期。换句话说，持这种签证的人只要不换工作，每两年延期一次，可以在美国一直呆下去。 但不好的地方就是，持这种签证的人不能为别人工作。 如果要为别人工作，他／她要重新申请其他的签证。 还有不要的地方就是， 这种签证持有者不能申请绿卡。 所以说，持E2的人在美国经营房地产，不能办绿卡。
总的说来，在美国买房办绿卡的方式只有是EB5和L1签证。 E2和L1的条件比较相似，如果要办绿卡，投资者可以考虑L1。
美国移民法非常复杂。 因为篇幅有限，我们只能触及冰山的一角。 如果读者在考虑买房办绿卡，欢迎和我们联系。 我们的email 地址是 attorney@immigration-lawyer-Chinese.com.
听说在国内常常见到有“美国买房办绿卡”的广告。 我们事务所也常常收到电话或email查证。 是啊， 听上去真不错啊。 美国房产如今如此低迷，房子又好，价格又低过许多中国大城市的价格。 办了绿卡，小孩子读中小学不要钱，读大学的学费比直接就读低2／3以上。 如果真能如此就太好了。
答案是这种说法也对也不对。 说它对， 是因为从某种意义上确实如此。 说它不对，是因为过程没有那么简单。 根据美国移民法， 有两种方式可以做到“买房办绿卡”。
第一种是EB5. EB5是指投资者投资在美国偏远地区投资50万， 或在普通地区投资100万，并雇佣10个以上员工； 或者投资50万给移民局批准的项目，间接地由他们雇佣10个员工。 如果投资者购买的房产是投资回报的来源，比如通过投资项目购买酒店式公寓，该投资者拥有部分公寓的产权， 通过项目经营商统一经营而获利。从这个意义上说，确实是买房办了绿卡。 但不是这个说法所暗示的－－买房自己住就可以办绿卡， 而是，买房经营房地产，获绿卡。
第二种是L1签证。 L1签证是为跨国经理而设计的签证。 如果外国公司有心在美国设立分公司，并派经理到美国经营管理，美国移民局会给该经理发L1签证。 L1签证是基于雇佣关系的签证， 所以可以在一定的时间内转绿卡， 并且不用办理劳工卡手续。 如果经理人以这种办理绿卡，而且在美国开办的公司经营房地产业务，即： 购买一定数量的房产，并雇佣人员管理，公司从中获利， 这样的情况下，也可以说买房办绿卡。
有的人问到了E2签证。 和美国签有协议的国家的公民可以办外商投资者签证，E2。 这两种签证的好处是它们可以无限延期。换句话说，持这种签证的人只要不换工作，每两年延期一次，可以在美国一直呆下去。 但不好的地方就是，持这种签证的人不能为别人工作。 如果要为别人工作，他／她要重新申请其他的签证。 还有不要的地方就是， 这种签证持有者不能申请绿卡。 所以说，持E2的人在美国经营房地产，不能办绿卡。
总的说来，在美国买房办绿卡的方式只有是EB5和L1签证。 E2和L1的条件比较相似，如果要办绿卡，投资者可以考虑L1。
美国移民法非常复杂。 因为篇幅有限，我们只能触及冰山的一角。 如果读者在考虑买房办绿卡，欢迎和我们联系。 我们的email 地址是 attorney@immigration-lawyer-Chinese.com.
Wednesday, July 27, 2011
EB5 Program Basics
would rather immigration than investing on house,’ Friends say. Friends immigrated to other countries one by one. You must hesitate. Some peopleimmigrated by marriage, some people immigrate by studying abroad, and some people immigrate by oversea investment. All these above may be inappropriate to you. Can you still immigrate to other countries? The answer is YES. We can help you to make your dream come true.
Getting a green card is a symbol of immigrating to the US. There are three methods to get a US green card: Family-base immigration, Employment-based immigration, and investment-based immigration.
Family-based immigration: Petitioners can be US citizens, or US green card holder. US citizens can apply for immigration for their spouse, children, parents, brothers and sisters; and US green card holders are able to apply for immigration for spouses and unmarried children.
Employment- based immigration: There are three preference categories: (EB-1) for outstanding staff,(EB-2) for the special ability people with high education or professionals,(EB-3) for the professionals, skilled workers and unskilled workers.
Investment-based immigration: There are two preference categories: EB-5 and L1A.Specific statement would be given below.
EB-5
EB-5 Visa Investment Requirements
According to EB-5 visa rules:
Petitioners must over 21 years old;
Petitionersmust have no criminal record;
Petitioners are required to invest as low as $1,000,000.00 for anywhere of America, and create at least 10 full-time jobs for U.S. citizens;
Or petitioners are required to invest as low as $500,000.00 for a business established in a "targeted employment area", and create at least 10 full-time jobs for U.S. citizens.
Investment immigration will get a two year ‘temporary green card’ at the beginning. Investors can apply to apply to the USCIS for the abolition of conditional immigrant visa application three months before the two years green card expire date. If the investment is still existence, the USCIS will approve the permanent green card.
Getting a green card is a symbol of immigrating to the US. There are three methods to get a US green card: Family-base immigration, Employment-based immigration, and investment-based immigration.
Family-based immigration: Petitioners can be US citizens, or US green card holder. US citizens can apply for immigration for their spouse, children, parents, brothers and sisters; and US green card holders are able to apply for immigration for spouses and unmarried children.
Employment- based immigration: There are three preference categories: (EB-1) for outstanding staff,(EB-2) for the special ability people with high education or professionals,(EB-3) for the professionals, skilled workers and unskilled workers.
Investment-based immigration: There are two preference categories: EB-5 and L1A.Specific statement would be given below.
EB-5
EB-5 Visa Investment Requirements
According to EB-5 visa rules:
Petitioners must over 21 years old;
Petitionersmust have no criminal record;
Petitioners are required to invest as low as $1,000,000.00 for anywhere of America, and create at least 10 full-time jobs for U.S. citizens;
Or petitioners are required to invest as low as $500,000.00 for a business established in a "targeted employment area", and create at least 10 full-time jobs for U.S. citizens.
Investment immigration will get a two year ‘temporary green card’ at the beginning. Investors can apply to apply to the USCIS for the abolition of conditional immigrant visa application three months before the two years green card expire date. If the investment is still existence, the USCIS will approve the permanent green card.
EB5 Program Basics
would rather immigration than investing on house,’ Friends say. Friends immigrated to other countries one by one. You must hesitate. Some peopleimmigrated by marriage, some people immigrate by studying abroad, and some people immigrate by oversea investment. All these above may be inappropriate to you. Can you still immigrate to other countries? The answer is YES. We can help you to make your dream come true.
Getting a green card is a symbol of immigrating to the US. There are three methods to get a US green card: Family-base immigration, Employment-based immigration, and investment-based immigration.
Family-based immigration: Petitioners can be US citizens, or US green card holder. US citizens can apply for immigration for their spouse, children, parents, brothers and sisters; and US green card holders are able to apply for immigration for spouses and unmarried children.
Employment- based immigration: There are three preference categories: (EB-1) for outstanding staff,(EB-2) for the special ability people with high education or professionals,(EB-3) for the professionals, skilled workers and unskilled workers.
Investment-based immigration: There are two preference categories: EB-5 and L1A.Specific statement would be given below.
EB-5
EB-5 Visa Investment Requirements
According to EB-5 visa rules:
Petitioners must over 21 years old;
Petitionersmust have no criminal record;
Petitioners are required to invest as low as $1,000,000.00 for anywhere of America, and create at least 10 full-time jobs for U.S. citizens;
Or petitioners are required to invest as low as $500,000.00 for a business established in a "targeted employment area", and create at least 10 full-time jobs for U.S. citizens.
Investment immigration will get a two year ‘temporary green card’ at the beginning. Investors can apply to apply to the USCIS for the abolition of conditional immigrant visa application three months before the two years green card expire date. If the investment is still existence, the USCIS will approve the permanent green card.
of the Immigration Nationality Act (INA).
Forms are available by calling 1-800-870-3676, or by submitting a request through the forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see insert link for more information on USCIS offices.
Getting a green card is a symbol of immigrating to the US. There are three methods to get a US green card: Family-base immigration, Employment-based immigration, and investment-based immigration.
Family-based immigration: Petitioners can be US citizens, or US green card holder. US citizens can apply for immigration for their spouse, children, parents, brothers and sisters; and US green card holders are able to apply for immigration for spouses and unmarried children.
Employment- based immigration: There are three preference categories: (EB-1) for outstanding staff,(EB-2) for the special ability people with high education or professionals,(EB-3) for the professionals, skilled workers and unskilled workers.
Investment-based immigration: There are two preference categories: EB-5 and L1A.Specific statement would be given below.
EB-5
EB-5 Visa Investment Requirements
According to EB-5 visa rules:
Petitioners must over 21 years old;
Petitionersmust have no criminal record;
Petitioners are required to invest as low as $1,000,000.00 for anywhere of America, and create at least 10 full-time jobs for U.S. citizens;
Or petitioners are required to invest as low as $500,000.00 for a business established in a "targeted employment area", and create at least 10 full-time jobs for U.S. citizens.
Investment immigration will get a two year ‘temporary green card’ at the beginning. Investors can apply to apply to the USCIS for the abolition of conditional immigrant visa application three months before the two years green card expire date. If the investment is still existence, the USCIS will approve the permanent green card.
EB-5 Immigrant Investor
Visa Description
The fifth employment based visa preference category, created by Congress in 1990, is available to immigrants seeking to enter the United States in order to invest in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs. There are two ways to invest which you may use within the EB-5 category and they are: creating a new commercial enterprise or investing in a troubled business.Eligibility Criteria
New Business Enterprise
To qualify you must:- Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area (discussed further below) then the minimum investment requirement is $500,000.
- Benefit the U.S. economy by providing goods or services to U.S. markets.
- Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters).
- Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.
of the Immigration Nationality Act (INA).Troubled Business
To qualify you must:- Invest in a business that has existed for at least two years.
- Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur.
- The loss for the 12 to 24 month period must be at least equal to 20 percent of the business’s net worth before the loss.
- Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
- Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. For example as a corporate officer or board member.
- The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area).
Regional Center Pilot Program
To qualify you must:- Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterpriose or a troubled business located within the area of the USCIS designated Regional Center. Regional Centers are defined and discussed further below.
- Create at least 10 new full-time jobs either directly through the capital investment.
- How the regional center plans to focus on a geographical region within the U.S., and msut explain how the regional center will achieve the required economic growth within this regional area
- That the regional center’s business plan can be relied upon as a viable business model grounded in reasonable and credible estimates and assumptions for market conditions, project costs, and activity timelines
- How in verifiable detail (using economic models in some instances) jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan
- The amount and source of capital committed to the project and the promotional efforts made and planned for the business project.
Application Process
Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process. First the successful applicant must obtain approval of his or her Form I-526 Petition for an Alien Entrepreneur. Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa. Third, a a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.Forms are available by calling 1-800-870-3676, or by submitting a request through the forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see insert link for more information on USCIS offices.
L1 Visa Petition Process
Step 1: Intended immigrants or their advisers decide what projects they want to carry through in US, how much they want to invest, how much they can show in their financial report.
Step 2: Intended immigrants signed agreement with immigration agency for L1 visa and pay attorney fee.
Step 3: Attorney will work with the client to draft business plan for the US entity; The business plan will show how much money will be needed for the first year operation, which will be the amount of funds the clients should have available on financial report.
Step 4: The intended immigrant will issue audited financial report showing they have enough money to sustain the US entity.
Step 5: If the application is approved in roughly 2 months, USCIS will send the approval file to Consulate where the intended immigrant is for interview. If the interview goes smooth, the immigrant and the family can come to US.
Step 6: If the application is for new office, the L1 expires in 1 year. Extension should be applied for 3 month before the expiration and extension is for 2 years.
During the L1 visa period, the immigrants and their family can come and go without staying in US.
Step 7: The US entity is not obligated to profit but it is required to operate as the business plan indicates. At any point, the immigrant can retain attorney to apply for green card. Green card based on L1 visa does not need to wait for years. Instead, the wait time is around 6 months, varying from service center to service center.
Step 2: Intended immigrants signed agreement with immigration agency for L1 visa and pay attorney fee.
Step 3: Attorney will work with the client to draft business plan for the US entity; The business plan will show how much money will be needed for the first year operation, which will be the amount of funds the clients should have available on financial report.
Step 4: The intended immigrant will issue audited financial report showing they have enough money to sustain the US entity.
Step 5: If the application is approved in roughly 2 months, USCIS will send the approval file to Consulate where the intended immigrant is for interview. If the interview goes smooth, the immigrant and the family can come to US.
Step 6: If the application is for new office, the L1 expires in 1 year. Extension should be applied for 3 month before the expiration and extension is for 2 years.
During the L1 visa period, the immigrants and their family can come and go without staying in US.
Step 7: The US entity is not obligated to profit but it is required to operate as the business plan indicates. At any point, the immigrant can retain attorney to apply for green card. Green card based on L1 visa does not need to wait for years. Instead, the wait time is around 6 months, varying from service center to service center.
EB5 Program Process
Step 1: Foreign investor or their advisers carefully evaluates EB5 documents and Offering Memorandum to assess qualifications, risk and opportunity.
Step 2: If interested in joining one program, the Investor applies by submitting $500,000 into the program's escrow account and providing signed Subscription & Partnership Agreements, Subscriber Questionnaire, ?? Administration Fee, and other requested documents.
Step 3: Investor's immigration counsel, or investor’s chosen counsel, then prepares and files the comprehensive application package Form I-526 "Immigrant Petition by Alien Entrepreneur" to the USCIS.
Step 4: If petition is approved, USCIS sends case to US Embassy in the Investor’s home country for immigrant visa interview. If approved, US Embassy issues the immigrant visa and investor (and family members) enters the United States to receive Conditional Green Card – valid for 2 years.
If petition is denied by USCIS, funds deducting administrative funds are promptly refunded to the Investor from the escrow account without deduction from or interest on that capital.
Step 5: Upon approval of I-526 Petition by the USCIS, the investor’s status at the Partnership moves from “Conditional Limited Partner” to “Limited Partner” and the funds held in the Bank of America escrow account are released to EB5 program.
Step 6: Investor and family are free to live anywhere in the USA with unrestricted travel/work rights. But the family must live in USA 6 months in a year.
Step 7: After 21 months, Partnership’s immigration counsel files the Form I-829 “Petition to Remove Conditional Status” with the USCIS seeking permanent Green Card status.
Step 8: After 5 years of maintaining the full investment as Limited Partner in the Partnership and holding Green Card status, Investor and family may to apply for US citizenship. Investor may contact Partnership and explore exit options, if any, for return of capital.
Step 2: If interested in joining one program, the Investor applies by submitting $500,000 into the program's escrow account and providing signed Subscription & Partnership Agreements, Subscriber Questionnaire, ?? Administration Fee, and other requested documents.
Step 3: Investor's immigration counsel, or investor’s chosen counsel, then prepares and files the comprehensive application package Form I-526 "Immigrant Petition by Alien Entrepreneur" to the USCIS.
Step 4: If petition is approved, USCIS sends case to US Embassy in the Investor’s home country for immigrant visa interview. If approved, US Embassy issues the immigrant visa and investor (and family members) enters the United States to receive Conditional Green Card – valid for 2 years.
If petition is denied by USCIS, funds deducting administrative funds are promptly refunded to the Investor from the escrow account without deduction from or interest on that capital.
Step 5: Upon approval of I-526 Petition by the USCIS, the investor’s status at the Partnership moves from “Conditional Limited Partner” to “Limited Partner” and the funds held in the Bank of America escrow account are released to EB5 program.
Step 6: Investor and family are free to live anywhere in the USA with unrestricted travel/work rights. But the family must live in USA 6 months in a year.
Step 7: After 21 months, Partnership’s immigration counsel files the Form I-829 “Petition to Remove Conditional Status” with the USCIS seeking permanent Green Card status.
Step 8: After 5 years of maintaining the full investment as Limited Partner in the Partnership and holding Green Card status, Investor and family may to apply for US citizenship. Investor may contact Partnership and explore exit options, if any, for return of capital.
Compare L1 Visa and EB5 Investor Green Card
I would rather immigration than investing on house,’ Friends say. Friends immigrated to other countries one by one. You must hesitate. Some peopleimmigrated by marriage, some people immigrate by studying abroad, and some people immigrate by oversea investment. All these above may be inappropriate to you. Can you still immigrate to other countries? The answer is YES. We can help you to make your dream come true.
Getting a green card is a symbol of immigrating to the US. There are three methods to get a US green card: Family-base immigration, Employment-based immigration, and investment-based immigration.
Family-based immigration: Petitioners can be US citizens, or US green card holder. US citizens can apply for immigration for their spouse, children, parents, brothers and sisters; and US green card holders are able to apply for immigration for spouses and unmarried children.
Employment- based immigration: There are three preference categories: (EB-1) for outstanding staff,(EB-2) for the special ability people with high education or professionals,(EB-3) for the professionals, skilled workers and unskilled workers.
Investment-based immigration: There are two preference categories: EB-5 and L1A.Specific statement would be given below.
EB-5
EB-5 Visa Investment Requirements
According to EB-5 visa rules:
Petitioners must over 21 years old;
Petitionersmust have no criminal record;
Petitioners are required to invest as low as $1,000,000.00 for anywhere of America, and create at least 10 full-time jobs for U.S. citizens;
Or petitioners are required to invest as low as $500,000.00 for a business established in a "targeted employment area", and create at least 10 full-time jobs for U.S. citizens.
Investment immigration will get a two year ‘temporary green card’ at the beginning. Investors can apply to apply to the USCIS for the abolition of conditional immigrant visa application three months before the two years green card expire date. If the investment is still existence, the USCIS will approve the permanent green card.
of the Immigration Nationality Act (INA).
Forms are available by calling 1-800-870-3676, or by submitting a request through the forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see insert link for more information on USCIS offices.
Getting a green card is a symbol of immigrating to the US. There are three methods to get a US green card: Family-base immigration, Employment-based immigration, and investment-based immigration.
Family-based immigration: Petitioners can be US citizens, or US green card holder. US citizens can apply for immigration for their spouse, children, parents, brothers and sisters; and US green card holders are able to apply for immigration for spouses and unmarried children.
Employment- based immigration: There are three preference categories: (EB-1) for outstanding staff,(EB-2) for the special ability people with high education or professionals,(EB-3) for the professionals, skilled workers and unskilled workers.
Investment-based immigration: There are two preference categories: EB-5 and L1A.Specific statement would be given below.
EB-5
EB-5 Visa Investment Requirements
According to EB-5 visa rules:
Petitioners must over 21 years old;
Petitionersmust have no criminal record;
Petitioners are required to invest as low as $1,000,000.00 for anywhere of America, and create at least 10 full-time jobs for U.S. citizens;
Or petitioners are required to invest as low as $500,000.00 for a business established in a "targeted employment area", and create at least 10 full-time jobs for U.S. citizens.
Investment immigration will get a two year ‘temporary green card’ at the beginning. Investors can apply to apply to the USCIS for the abolition of conditional immigrant visa application three months before the two years green card expire date. If the investment is still existence, the USCIS will approve the permanent green card.
EB-5 Immigrant Investor
Visa Description
The fifth employment based visa preference category, created by Congress in 1990, is available to immigrants seeking to enter the United States in order to invest in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs. There are two ways to invest which you may use within the EB-5 category and they are: creating a new commercial enterprise or investing in a troubled business.Eligibility Criteria
New Business Enterprise
To qualify you must:- Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area (discussed further below) then the minimum investment requirement is $500,000.
- Benefit the U.S. economy by providing goods or services to U.S. markets.
- Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters).
- Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member.
of the Immigration Nationality Act (INA).Troubled Business
To qualify you must:- Invest in a business that has existed for at least two years.
- Invest in a business that has incurred a net loss, based on generally accepted accounting principles, for the 12 to 24 month period before you filed the Form I-526 Immigrant Petition by an Alien Entrepreneur.
- The loss for the 12 to 24 month period must be at least equal to 20 percent of the business’s net worth before the loss.
- Maintain the number of jobs at no less than the pre-investment level for a period of at least two years.
- Be involved in the day-to-day management of the troubled business or directly manage it through formulating business policy. For example as a corporate officer or board member.
- The same investment requirements of the new commercial enterprise investment apply to a troubled business investment ($1,000,000 or $500,000 in a targeted employment area).
Regional Center Pilot Program
To qualify you must:- Invest at least $1,000,000 or $500,000 in a regional center affiliated new commercial enterpriose or a troubled business located within the area of the USCIS designated Regional Center. Regional Centers are defined and discussed further below.
- Create at least 10 new full-time jobs either directly through the capital investment.
- How the regional center plans to focus on a geographical region within the U.S., and msut explain how the regional center will achieve the required economic growth within this regional area
- That the regional center’s business plan can be relied upon as a viable business model grounded in reasonable and credible estimates and assumptions for market conditions, project costs, and activity timelines
- How in verifiable detail (using economic models in some instances) jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan
- The amount and source of capital committed to the project and the promotional efforts made and planned for the business project.
Application Process
Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process. First the successful applicant must obtain approval of his or her Form I-526 Petition for an Alien Entrepreneur. Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa. Third, a a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.Forms are available by calling 1-800-870-3676, or by submitting a request through the forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please see insert link for more information on USCIS offices.
Immigration Inadmisibility Waiver
Many people have asked about how to get back to US after being deported, or having overstayed visa. This legal guide is written to give a rough idea.
Under US Immigration law, an alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible may seek a waiver of certain grounds of inadmissibility.
Common grounds of inadmissibility primarily include:
A. Health-related grounds, communicable disease of public health significance, mental or physical disorder of certain degree;
B. Certain criminal grounds, a crime involving moral turpitude, or a violation of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, with exceptions.
C. Immigrant Membership in Totalitarian Party
Immigration fraud or misrepresentation.
E. Smugglers and Being Subject of Civil Penalty ;
The 3-year or 10-year bar etc.
What Evidence Should Be Submitted With the Application?
If you are applying for a waiver because you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence, or the fiancé(e) of a U.S. citizen, you must attach evidence that demonstrates your denial of admission would result in extreme hardship to the U.S. citizen or legal permanent resident spouse, son, daughter or parent, or your U.S. citizen fiancé(e).
If you are a VAWA self-petitioner and you seek a waiver under INA section 212(a)(9)(C)(iii), submit any evidence that you believe establishes a connection between the battery or extreme cruelty that is the basis for the VAWA claim, your unlawful presence and your departure (or your removal) and your unlawful return or attempted unlawful return.
If you are a T nonimmigrant status holder seeking a waiver under INA section 212(a)(1) or section 212(a)(4), submit any evidence that demonstrates it is in the national interest to waive these grounds. If you are seeking a waiver under any other INA section 212(a) ground, submit any evidence that demonstrates it is in the national interest to waive such ground and that the activities rendering you inadmissible were caused by or were related to your victimization.
If you are a TPS applicant, any information that supports granting your waiver request on humanitarian, family unity, or public interest grounds.
If you are inadmissible because you have sought to procure an immigration benefit by fraud or misrepresenting a material fact (INA section 212(a)(6)(C)(i)), this waiver may be approved if you can establish that:
A. Your qualifying U.S. citizen or legal permanent resident relative (spouse, parent) or the K visa petitioner would experience extreme hardship if you were denied admission; or
You are a VAWA self-petitioner, and that you or your U.S. citizen, lawful permanent resident, or qualified parent or child may experience extreme hardship if you were denied admission.
If you are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but that you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security of the United States; OR At least 15 years have passed since the activity or event that makes you inadmissible, that you have been rehabilitated, and that your admission to the United States or the issuance of the immigrant visa will not be contrary to the national welfare, safety, or security of the United States; OR, your qualifying U.S. citizen or legal permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; OR, you are an approved VAWA self-petitioner.
This legal guide provides legal information. This does not constitute legal advice. Contact an experienced immigration lawyer if you need legal advice. You are welcome to visit our website www.immigration-lawyer-Chinese.com or email us at attorney@immigration-lawyer-chinese.com
Under US Immigration law, an alien who is ineligible to be admitted to the United States as an immigrant or to adjust status in the United States, and certain nonimmigrant applicants who are inadmissible may seek a waiver of certain grounds of inadmissibility.
Common grounds of inadmissibility primarily include:
A. Health-related grounds, communicable disease of public health significance, mental or physical disorder of certain degree;
B. Certain criminal grounds, a crime involving moral turpitude, or a violation of any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, with exceptions.
C. Immigrant Membership in Totalitarian Party
Immigration fraud or misrepresentation.
E. Smugglers and Being Subject of Civil Penalty ;
The 3-year or 10-year bar etc.
What Evidence Should Be Submitted With the Application?
If you are applying for a waiver because you are the spouse, parent, son, or daughter of a U.S. citizen or an alien lawfully admitted for permanent residence, or the fiancé(e) of a U.S. citizen, you must attach evidence that demonstrates your denial of admission would result in extreme hardship to the U.S. citizen or legal permanent resident spouse, son, daughter or parent, or your U.S. citizen fiancé(e).
If you are a VAWA self-petitioner and you seek a waiver under INA section 212(a)(9)(C)(iii), submit any evidence that you believe establishes a connection between the battery or extreme cruelty that is the basis for the VAWA claim, your unlawful presence and your departure (or your removal) and your unlawful return or attempted unlawful return.
If you are a T nonimmigrant status holder seeking a waiver under INA section 212(a)(1) or section 212(a)(4), submit any evidence that demonstrates it is in the national interest to waive these grounds. If you are seeking a waiver under any other INA section 212(a) ground, submit any evidence that demonstrates it is in the national interest to waive such ground and that the activities rendering you inadmissible were caused by or were related to your victimization.
If you are a TPS applicant, any information that supports granting your waiver request on humanitarian, family unity, or public interest grounds.
If you are inadmissible because you have sought to procure an immigration benefit by fraud or misrepresenting a material fact (INA section 212(a)(6)(C)(i)), this waiver may be approved if you can establish that:
A. Your qualifying U.S. citizen or legal permanent resident relative (spouse, parent) or the K visa petitioner would experience extreme hardship if you were denied admission; or
You are a VAWA self-petitioner, and that you or your U.S. citizen, lawful permanent resident, or qualified parent or child may experience extreme hardship if you were denied admission.
If you are inadmissible only because of your participation in prostitution, including having procured others for prostitution or having received the proceeds of prostitution, but that you have been rehabilitated and your admission to the United States will not be contrary to the national welfare, safety, or security of the United States; OR At least 15 years have passed since the activity or event that makes you inadmissible, that you have been rehabilitated, and that your admission to the United States or the issuance of the immigrant visa will not be contrary to the national welfare, safety, or security of the United States; OR, your qualifying U.S. citizen or legal permanent resident relative (spouse, son, daughter, parent), or K visa petitioner would experience extreme hardship if you were denied admission; OR, you are an approved VAWA self-petitioner.
This legal guide provides legal information. This does not constitute legal advice. Contact an experienced immigration lawyer if you need legal advice. You are welcome to visit our website www.immigration-lawyer-Chinese.com or email us at attorney@immigration-lawyer-chinese.com
Perm 101
There are 3 steps involved to obtain Employment-based green card.
Step 1: obtain Labor Certification
A Labor Certification is a document issued by the Department of Labor (DOL) that allows employer to file an employment-based immigration petition on behalf of the alien worker.
The Labor Certification Process can be divided into the following stages:
1. Application: The employer files the Labor Certification petition with the appropriate State Employment Security Agency (SESA) or State Workforce Agency (SWA).
Review: The SESA date stamps the application - this is the "priority date" for the case. The SESA then reviews the application and may request modifications. They will notify the employer of potential problems, including whether the minimum requirements for the position are reasonable and determine that the wage offered meets minimum prevailing wage standards.
Recruiting Campaign: The employer will now begin a recruiting campaign, closely supervised by the SESA. Advertisements detailing company requirements are placed in newspapers and publications. All applicants who meet the requirements have to be interviewed.
Results Submission: The employer will submit a detailed report of the recruiting campaign to SESA. The report includes proof that advertisements did indeed run in newspapers and it should justify the reasons for rejection of all (or any) of the applicants.
Final Decision: If the DOL agrees that no US workers are available to fill the position based upon fair recruitment efforts, they will approve the labor certification application.
How long does it take?
The Labor Certification Process usually differs from state to state. Each state has its own wait period, depending on the number of pending cases. On an average, this process can take between six months and three years.
What will happen when H1B expires while Perm pending?
The employee will have four options:
Recapture H1B time;
If Perm is filed 1 year before H1B expires, H1B extension of 1 year can be filed; in some cases, it can even be extended to 3 years.
Get another visa that will allow him or her to work legally in the country while waiting;
Going back to the country and wait.
How much does it cost?
There is no filing fee for Labor Certificate. The major cost will be advertisements expense and attorney fee.
Step 2. I-140
After approval of the labor certification, the employer must file an "Immigrant Petition for an Alien Worker" with the U.S. Citizenship and Immigration Services (USCIS), Form I-140. Employer should demonstrate that the company is in a good financial position to capable of paying the salary advertised for the job. For this purpose employer's financial financial statement and corporate income tax return documents also required.
The processing fee is $475. The wait period depends on the backlog. Usually it takes about 6 months.
Step 3. I-485
Application to adjust Status. Approval of I140 does not give the employee green card status. I485 must be filed for green card.
Filing charge is $1010. Processing time again varies from service center to service center. However, after 2004, I140 and I-485 may be filed concurrently. Therefore, if I40 is properly prepared, the waiting time of I485 will be shortened to some extent.
Employment-based green card application is the most complicated process, in my opinion. It is my suggestion that the employer takes action as soon as possible.
This legal guide provides legal information. This does not constitute legal advice. Contact an experienced immigration lawyer if you need legal advice. You are welcome to visit our website www.immigration-lawyer-Chinese.com or email us at attorney@immigration-lawyer-chinese.com
Step 1: obtain Labor Certification
A Labor Certification is a document issued by the Department of Labor (DOL) that allows employer to file an employment-based immigration petition on behalf of the alien worker.
The Labor Certification Process can be divided into the following stages:
1. Application: The employer files the Labor Certification petition with the appropriate State Employment Security Agency (SESA) or State Workforce Agency (SWA).
Review: The SESA date stamps the application - this is the "priority date" for the case. The SESA then reviews the application and may request modifications. They will notify the employer of potential problems, including whether the minimum requirements for the position are reasonable and determine that the wage offered meets minimum prevailing wage standards.
Recruiting Campaign: The employer will now begin a recruiting campaign, closely supervised by the SESA. Advertisements detailing company requirements are placed in newspapers and publications. All applicants who meet the requirements have to be interviewed.
Results Submission: The employer will submit a detailed report of the recruiting campaign to SESA. The report includes proof that advertisements did indeed run in newspapers and it should justify the reasons for rejection of all (or any) of the applicants.
Final Decision: If the DOL agrees that no US workers are available to fill the position based upon fair recruitment efforts, they will approve the labor certification application.
How long does it take?
The Labor Certification Process usually differs from state to state. Each state has its own wait period, depending on the number of pending cases. On an average, this process can take between six months and three years.
What will happen when H1B expires while Perm pending?
The employee will have four options:
Recapture H1B time;
If Perm is filed 1 year before H1B expires, H1B extension of 1 year can be filed; in some cases, it can even be extended to 3 years.
Get another visa that will allow him or her to work legally in the country while waiting;
Going back to the country and wait.
How much does it cost?
There is no filing fee for Labor Certificate. The major cost will be advertisements expense and attorney fee.
Step 2. I-140
After approval of the labor certification, the employer must file an "Immigrant Petition for an Alien Worker" with the U.S. Citizenship and Immigration Services (USCIS), Form I-140. Employer should demonstrate that the company is in a good financial position to capable of paying the salary advertised for the job. For this purpose employer's financial financial statement and corporate income tax return documents also required.
The processing fee is $475. The wait period depends on the backlog. Usually it takes about 6 months.
Step 3. I-485
Application to adjust Status. Approval of I140 does not give the employee green card status. I485 must be filed for green card.
Filing charge is $1010. Processing time again varies from service center to service center. However, after 2004, I140 and I-485 may be filed concurrently. Therefore, if I40 is properly prepared, the waiting time of I485 will be shortened to some extent.
Employment-based green card application is the most complicated process, in my opinion. It is my suggestion that the employer takes action as soon as possible.
This legal guide provides legal information. This does not constitute legal advice. Contact an experienced immigration lawyer if you need legal advice. You are welcome to visit our website www.immigration-lawyer-Chinese.com or email us at attorney@immigration-lawyer-chinese.com
Green Card Through National Interest Waiver
Does it pay to be extraordinary? US Immigration law says yes.
An alien may obtain US green card through National Interest Waiver (NIW). That is to say if he or she is with an extraordinary ability or an outstanding professor or researcher.
Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation.
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:
Outstanding professors and researchers
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
You may prove your eligibility using the following evidence:
An alien may obtain US green card through National Interest Waiver (NIW). That is to say if he or she is with an extraordinary ability or an outstanding professor or researcher.
Extraordinary Ability
You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation.
You must meet 3 out of the 10 listed criteria below to prove extraordinary ability in your field:
- Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Evidence of your membership in associations in the field which demand outstanding achievement of their members
- Evidence of published material about you in professional or major trade publications or other major media
- Evidence that you have been asked to judge the work of others, either individually or on a panel
- Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
- Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
- Evidence that your work has been displayed at artistic exhibitions or showcases
- Evidence of your performance of a leading or critical role in distinguished organizations
- Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
- Evidence of your commercial successes in the performing arts
Outstanding professors and researchers
You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education.
You may prove your eligibility using the following evidence:
- Evidence of receipt of major prizes or awards for outstanding achievement
- Evidence of membership in associations that require their members to demonstrate outstanding achievement
- Evidence of published material in professional publications written by others about the alien's work in the academic field
- Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field
- Evidence of original scientific or scholarly research contributions in the field
- Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field
Asylum Basics
Asylum
Many people think of asylum when they run out of ideas of immigration solutions. Many know that If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status. If you are not granted asylum, the case will be referred to court where you get to have second bite at the apple. Even if you don’t like the judge’s decision, you will be able to appeal. Therefore, all in all, rumor has it that application for asylum is fit-all immigration solution.
What is Asylum?
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for your persecution or why you fear persecution.
Penalty for Perjury
All statements in response to questions contained in this application are declared to be true and correct under penalty of perjury. You and anyone, other than an immediate family member, who assists you in preparing the application must sign the application under penalty of perjury. Your signature is evidence that you are aware of the contents of this application. Any person assisting you in preparing this form, other than an immediate family member, must include his or her name, address, and telephone number and sign the application. If you knowingly provide false information on this application, you or the preparer of this application may be subject to criminal penalties for up to 10 years in prison.
Immigration law concerning asylum and withholding of removal or deferral or removal is complex. You have a right to provide your own legal representation at an asylum interview and during immigration proceedings before the Immigration Court at no cost to the U.S. Government.
This blog provides legal information and thus does not constitute legal advice. For legal advice, please contact an experienced immigration lawyer. We are Chinese speaking immigration specializing in Business immigration which include L1 visa, E2 visa, EB5, H1B and other employment-based green card and etc. You are welcome to visit our website at www.immigration-lawyer-Chinese.com or contact us via email at attorney@immigration-lawyer-Chinese.com.
Many people think of asylum when they run out of ideas of immigration solutions. Many know that If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status. If you are not granted asylum, the case will be referred to court where you get to have second bite at the apple. Even if you don’t like the judge’s decision, you will be able to appeal. Therefore, all in all, rumor has it that application for asylum is fit-all immigration solution.
What is Asylum?
In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for your persecution or why you fear persecution.
Penalty for Perjury
All statements in response to questions contained in this application are declared to be true and correct under penalty of perjury. You and anyone, other than an immediate family member, who assists you in preparing the application must sign the application under penalty of perjury. Your signature is evidence that you are aware of the contents of this application. Any person assisting you in preparing this form, other than an immediate family member, must include his or her name, address, and telephone number and sign the application. If you knowingly provide false information on this application, you or the preparer of this application may be subject to criminal penalties for up to 10 years in prison.
Immigration law concerning asylum and withholding of removal or deferral or removal is complex. You have a right to provide your own legal representation at an asylum interview and during immigration proceedings before the Immigration Court at no cost to the U.S. Government.
This blog provides legal information and thus does not constitute legal advice. For legal advice, please contact an experienced immigration lawyer. We are Chinese speaking immigration specializing in Business immigration which include L1 visa, E2 visa, EB5, H1B and other employment-based green card and etc. You are welcome to visit our website at www.immigration-lawyer-Chinese.com or contact us via email at attorney@immigration-lawyer-Chinese.com.
Investor Visa In a Nutshell
E2 Visa
If a person is a national of a country with which the United States maintains a treaty of commerce and navigation, has invested, or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States and is seeking to enter the United States solely to develop and direct the investment enterprise, he or she is eligible for E2 investor visa.
A substantial amount of capital means the investment to purchase or establish a new company is substantial, the investment is sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and the investment is sufficient to support the likelihood that the treaty investor will successfully develop and direct the enterprise.
Period of Stay
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States.
Terms and Conditions of E-2 Status
A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.
Family of E-2 Treaty Investors and Employees
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. The E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.
This blog provides legal information and thus does not constitute legal advice. For legal advice, please contact an experienced immigration lawyer. We are Chinese speaking immigration specializing in Business immigration which include L1 visa, E2 visa, EB5, H1B and other employment-based green card and etc. You are welcome to visit our website at www.immigration-lawyer-Chinese.com or contact us via email at attorney@immigration-lawyer-Chinese.com.
If a person is a national of a country with which the United States maintains a treaty of commerce and navigation, has invested, or be actively in the process of investing a substantial amount of capital in a bona fide enterprise in the United States and is seeking to enter the United States solely to develop and direct the investment enterprise, he or she is eligible for E2 investor visa.
A substantial amount of capital means the investment to purchase or establish a new company is substantial, the investment is sufficient to ensure the treaty investor’s financial commitment to the successful operation of the enterprise and the investment is sufficient to support the likelihood that the treaty investor will successfully develop and direct the enterprise.
Period of Stay
Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.
An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States.
Terms and Conditions of E-2 Status
A treaty investor or employee may only work in the activity for which he or she was approved at the time the classification was granted.
Family of E-2 Treaty Investors and Employees
Treaty investors and employees may be accompanied or followed by spouses and unmarried children who are under 21 years of age. Their nationalities need not be the same as the treaty investor or employee. The E-2 treaty investor or employee may travel abroad and will generally be granted an automatic two-year period of readmission when returning to the United States. Unless the family members are accompanying the E-2 treaty investor or employee at the time the latter seeks readmission to the United States, the new readmission period will not apply to the family members. To remain lawfully in the United States, family members must carefully note the period of stay they have been granted in E-2 status, and apply for an extension of stay before their own validity expires.
This blog provides legal information and thus does not constitute legal advice. For legal advice, please contact an experienced immigration lawyer. We are Chinese speaking immigration specializing in Business immigration which include L1 visa, E2 visa, EB5, H1B and other employment-based green card and etc. You are welcome to visit our website at www.immigration-lawyer-Chinese.com or contact us via email at attorney@immigration-lawyer-Chinese.com.
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