Standalone EB5 or EB5 Regional Center

EB5 program, in nutshell, is a promise of USCIS to grant green card to foreign investors on the condition that they invest in Us as per certain requirements. 

• There are two types of EB5 programs
• Standalone EB5 
• Regional Centers

Standalone EB5 program is a new commercial enterprise that will create at least 10 full-time direct or indirect jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident. A Regional Center is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.

Required minimum investments is in generally $1 million. If the jobs were created in Targeted Employment Area (High Unemployment or Rural Area), the minimum qualifying investment is $500,000.

Regional centers are entities that have convinced USCIS to believe each investor of theirs, supported by statistically correct predicting tool and detailed plan, will result in 10 direct or indirect jobs. 

Either through EB5 Standalone or Regional Center, foreign investor may be granted a conditioned green card for two years.  If 10 jobs can be proven to have been created in two years, the condition on the green card will be removed. The only difference between investing in Standalone EB5 program and in Regional Center is that investor affiliated with a Regional Center can be qualified with 10 indirect jobs. 

The Pro to choose Standalone EB5 is that business stays in control of investors and as long as the project is operated, the risk that the condition won’t be removed is minimum. The con, to some people, is that a foreigner has to manage a new business in an unfamiliar country. The fix to the con is to hire a consulting company to manage the business or to enroll into a franchise company. 

The Pro to choose EB5 center is that investors don’t have to manage the projects themselves. However, trust is a gigantic issue here, let alone, let’s face it, some projects are indeed scams. 

In author’s opinion, franchising business is the best way to take advantage of EB5 center because here trust is not an issue and management can be guided. 

I-601 Provisional Waiver Is Not in Effect

USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence bars before leaving the United States.

These procedures are not in effect and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. USCIS plans to publish a notice of proposed rulemaking in the coming months and will consider all comments received as part of that process before publishing a final rule.

• Be aware that some unauthorized practitioners of immigration law may wrongly claim they can currently file a provisional waiver application (Form I-601) for you. These same individuals may ask you to pay them to file such forms although the process is not yet in place. Please avoid such scams. USCIS wants you to learn the facts about protecting yourself and your family against scammers by visiting uscis.gov/avoidscams.

If you already have an immigrant visa interview with the U.S. Department of State, we strongly encourage you to attend. The Department of State may cancel your immigrant visa registration if you fail to appear at this interview.

Immigration Options for Entrepreneur-Minded People

Immigration Options for Entrepreneurs

Many people are considering immigrating to US but find solutions that apply to us don’t work them. For instance, they are too old to go to school and then find a job in US, or they have families and are not intended to marry a US citizen; or there is no way they can win a green card lottery. 

If you are entrepreneur or a person with heart of an entrepreneur, one of the following options may suit you; 

E1 Visa. 

E1 Visa is international traders. The applicant must be a citizen of a country  with which the United States maintains a treaty of commerce and navigation. For instance, Chinese and Indian nationals are not eligible to apply. Besides, you have to prove substantial trade you are carrying on between US and the treaty country. Here, every word means something, especially the word, substantial. As everything else in administrative adjudication, the applicant must prove their eligibility. 

E2 Visa

E2 Visa is similar to E1. The difference is that the applicant must prove she or he has invested or is actively in the process of investing a substantial amount of capital in US ad needs to come to US to direct the investment enterprises. 

L1 Visa

If you find E1 or E2 not applicable, but you work for a foreign company for 1 consecutive year in the past three years as executive or manager or worker with special knowledge, and the foreign company is willing and financially capable to invest in an enterprise in US, you can consider L1 Visa. 

EB5 Investment Visa

To make it simple, if you want to invest at least $500,000, either into a regional center or on your own, profitable or not, ready to hire 10 people if on your own, you can consider EB5 visa. 

Am I qualified for H1B

Hi All, 

Many students wonder if a promise to sponsor from an employer only is sufficient for a H1B. The answer is a resounding no. Let's see what the law says.

The law says: H1B is visa for specialty occupation and fashion model. In US legal world, every word counts. Specialty occupation is called so for a reason. First, it has to be an occupation that requires special skills. So the law requires that the job in the industry normally requires at least bachelor degree; In addition, the employer has to promise Department of Labor to pay more than prevailing wage; Third, the students have to have bachelor degree or its equivalent. 

Of course, this version of explanation of law is so overly simplified that it does not cover all details. However, it gives you a rough picture as to what can qualify you as H1B candidate. 

Therefore, the advice from this firm is this, after your boss agrees to sponsor you, pad on your shoulder (meaning, congratulate yourself), and then make sure your job position appear to be relatively important or irresplaceable. Then you need to make sure your boss agrees to pay you, at least on paper, higher than prevailing wage. 

For details or specific strategical planning, you are welcome to call this firm.

超期逗留的害处

我们收到了很多即将毕业的学生的电话，问到如果 H1B再批下来之前OPT就到期了怎么办。 有的甚至考虑到要超期逗留。 我想就法律的规定做个说明： 

美国法律规定，如果签证持有者超期逗留180天以上后离开美国， 该签证持有者在3年内不得再到美国。 如果超期逗留1年以上后离开美国， 该签证持有者在10年内不得回到美国。 如果该人非法回到美国， 而且没有获得waiver, 该人讲终身不能获得签证回到美国。 

如果美国政府查到任何人有作弊行为，或撒谎行为，该人讲终生不能回到美国， 除非及其特殊的情况发生。 

实现美国梦的最基本的原则是：不要想着钻空子。 别人都在做的事情不能说明这些事是合法的而且是长远效果好的。美国移民局提醒过很多次， 只有美国律师才能合法代理而且解释美国移民法。 建议咨询有 问题咨询有经验的移民律师。

祝好运！ 

Linda Liang 

Attorney At Law

8201 Peters Road Suit 1000

Plantation Fl 33324

How to persuade your employers to sponsor H1B for you?

Hi all,

I received calls from students asking about how to talk to boss about H1-B too. I advise four characters: K.I.S.S.

For those who don't know this American Slang yet, they are short for Keep It Simple (Otherwise) Stupid.

I was a boss in US for years. I worked with bosses as a professionals. I testify to you that bosses were not born yesterday. No matter what you are about to say, they know it. I assure you.

So what you need to say to him? Simple, two things.

1) I love this job. I am grateful for this opportunity you gave me. I am confident I can contribute a lot to this company (Prepare a little details about the base)

2) I will be grateful if the company may sponsor me H1B so that I can accomplish what is laid out for me and my team. As far as the procedure about H1B, I can retain a lawyer to take care of everything.

It is important to remember, like all negotiation in life, it is important to make small. compromise to achieve your goal. In this case, don't be shy to pick up lawyer's tab.  Look at the big picture. Don't be short sighted.

Trust me, if you put your eyes on the ball like I said, you will persuade almost everybody.

For more questions and consultation on immigration matters, please feel free to contact this firm at 954 892 5517.

Linda Liang
Attorney At Law
8201 Peters Road Suite 1000
Plantation Fl 33324

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.

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. 

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. 

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. 

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. 

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.

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.

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.

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.

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.