Employment-Based Immigration: First Preference EB-1(c)
You may be eligible for an employment-based, first-preference visa if you are a multinational executive or manager. Each occupational category has certain requirements that must be met:
You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.
Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad.
The difference between L-1 Visa and EB-1(c) visa is that the latter can be base for adjustment of status.
Friday, August 5, 2011
谁能申请 L-1 签证--公司内部调动员工签证?
一般来讲，根据美国移民法第101(a)(15)(L)条，公司内部员工，如果在外国公司过去三年内连续工作了一年，可以到本公司在美国的分部，母公司，兄弟公司或分支机构担任公司经理或有特殊才能的职员。
该条款对如上所提的公司关系的定义如下：
“母公司”指有子公司的公司；
“分公司”指同一公司在不同地方的办公室；
“子公司”是指公司直接或间接地拥有一半以上的财产和控制权； 或直接或间接地
拥有50％ 的50-50的合资公司并有同等的控制和否决权， 或者直接或间接地拥有少于一半的公司财产，但事实上控制该公司。
“兄弟公司”是指（1）两个公司的母公司是一家公司或一个人； 或者 （2）两个公司的股东是同一些人，这些股东持有相同股份； 或者 （3） 在美国公司成立的伙伴公司，提供同样的服务。
任何满足以上条件的公司都可以为外国公司的合格员工申请L-1 签证－－公司内部员工调动签证。
该条款对如上所提的公司关系的定义如下：
“母公司”指有子公司的公司；
“分公司”指同一公司在不同地方的办公室；
“子公司”是指公司直接或间接地拥有一半以上的财产和控制权； 或直接或间接地
拥有50％ 的50-50的合资公司并有同等的控制和否决权， 或者直接或间接地拥有少于一半的公司财产，但事实上控制该公司。
“兄弟公司”是指（1）两个公司的母公司是一家公司或一个人； 或者 （2）两个公司的股东是同一些人，这些股东持有相同股份； 或者 （3） 在美国公司成立的伙伴公司，提供同样的服务。
任何满足以上条件的公司都可以为外国公司的合格员工申请L-1 签证－－公司内部员工调动签证。
Who is qualified to petition L-1 Visa- Intracompany Transferee Visa?
General. Under section 101(a)(15)(L) of the Act, Intracompany Transferee Visa (L-1 Visa) allows an alien who, within three years has been employed abroad continuously for one year by a legal entity to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary as a manager or specialized worker.
The the section of the Act defines qualifying organization as follows:
"Parent" means a firm, corporation, or other legal entity which has subsidiaries.
“Branch" means an operating division or office of the same organization housed in a different location.
“Subsidiary” means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
“Affiliate means” (1) One of two subsidiaries both of which are owned and controlled by the same parent or individual, or (2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or (3) In the case of a partnership that is organized in the United States to provide accounting services along with managerial and/or consulting services and that markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of the United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.
Any legal entity having above-mentioned relationship with a foreign legal entity is eligible to petition for L1 Visa for Intracompany Transferee.
The the section of the Act defines qualifying organization as follows:
"Parent" means a firm, corporation, or other legal entity which has subsidiaries.
“Branch" means an operating division or office of the same organization housed in a different location.
“Subsidiary” means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
“Affiliate means” (1) One of two subsidiaries both of which are owned and controlled by the same parent or individual, or (2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or (3) In the case of a partnership that is organized in the United States to provide accounting services along with managerial and/or consulting services and that markets its accounting services under an internationally recognized name under an agreement with a worldwide coordinating organization that is owned and controlled by the member accounting firms, a partnership (or similar organization) that is organized outside the United States to provide accounting services shall be considered to be an affiliate of the United States partnership if it markets its accounting services under the same internationally recognized name under the agreement with the worldwide coordinating organization of which the United States partnership is also a member.
Any legal entity having above-mentioned relationship with a foreign legal entity is eligible to petition for L1 Visa for Intracompany Transferee.
Thursday, August 4, 2011
投资给EB5区域中心安全吗？
许多投资者倾向认为投资区域中心是USCIS指定的，投资给他们一定很安全。 这种假设和事实相差甚远。
区域中心的组织者向USCIS递交申请，要显示：
区域中心在美国什么地区，将如何促进当地经济。
如何直接和间接的雇佣员工
业务策划
该区域中心如何对区域或全国经济产生积极的影响
批准的标准
如果该项目的经济模式和商业计划看上去可行，可以直接或间接地创造工作机会， 并投资的行
业是被USCIS认可的， USCIS就会批准该项目成为区域中心。
区域中心的终止
如果区域中心不能按计划促进经济的发展，提高当地的生产能力，创造工作和利润，USCIS可
以终止该区域中心的资格。
投资者保护
根据上面的说法，美国政府不担保区域中心的投资的安全。 进而，投资给区域中心后， 能否
拿到永久绿卡也不是板上订钉的。 比方说，如果投资的钱并不是真的有风险，或该项目没有创
造足够的工作，投资者的申请就会被拒绝。 投资需谨慎。
区域中心的组织者向USCIS递交申请，要显示：
区域中心在美国什么地区，将如何促进当地经济。
如何直接和间接的雇佣员工
业务策划
该区域中心如何对区域或全国经济产生积极的影响
批准的标准
如果该项目的经济模式和商业计划看上去可行，可以直接或间接地创造工作机会， 并投资的行
业是被USCIS认可的， USCIS就会批准该项目成为区域中心。
区域中心的终止
如果区域中心不能按计划促进经济的发展，提高当地的生产能力，创造工作和利润，USCIS可
以终止该区域中心的资格。
投资者保护
根据上面的说法，美国政府不担保区域中心的投资的安全。 进而，投资给区域中心后， 能否
拿到永久绿卡也不是板上订钉的。 比方说，如果投资的钱并不是真的有风险，或该项目没有创
造足够的工作，投资者的申请就会被拒绝。 投资需谨慎。
什么是 EB5？ 什么是 EB5区域中心
EB5项目和EB5 区域中心是两个流行的新词。 常常人们将他们混为一谈。 那么什么是EB5项目， 什么又是 EB5区域中心呢？
EB5项目，又称为移民投资项目，是国会在1990年为了刺激美国经济，通过外国投资者的投资创造工作机会而建立的项目。移民投资者可以通过建立一个新的商业企业或者投资到一个困难企业。 每年有10000个投资移民的名额。 自1992年起，3000个名额分配给USCIS根据对经济的影响的预测而指定的区域中心。
EB5 项目要求移民投资 50万或者 1百万 （取决于是否是在特定的雇佣地区。）特别雇佣地区是那些失业率高于全国水平1.5倍的地区。
新的公司必须要在投资者活动绿卡到美国后两年内 （或在特殊的情况下，两年后一段合理的时间内）聘用10个以上全职员工。
EB5有两种方式。 一种是直接投资， 另一种是投资给USCIS指定的区域中心。 如果是直接投资，投资者必须直接聘用员工。 如果通过USCIS指定的区域中心，投资者可以间接雇佣员工。
EB5项目，又称为移民投资项目，是国会在1990年为了刺激美国经济，通过外国投资者的投资创造工作机会而建立的项目。移民投资者可以通过建立一个新的商业企业或者投资到一个困难企业。 每年有10000个投资移民的名额。 自1992年起，3000个名额分配给USCIS根据对经济的影响的预测而指定的区域中心。
EB5 项目要求移民投资 50万或者 1百万 （取决于是否是在特定的雇佣地区。）特别雇佣地区是那些失业率高于全国水平1.5倍的地区。
新的公司必须要在投资者活动绿卡到美国后两年内 （或在特殊的情况下，两年后一段合理的时间内）聘用10个以上全职员工。
EB5有两种方式。 一种是直接投资， 另一种是投资给USCIS指定的区域中心。 如果是直接投资，投资者必须直接聘用员工。 如果通过USCIS指定的区域中心，投资者可以间接雇佣员工。
Wednesday, August 3, 2011
What is EB5 Regional Center?
We talked about EB5 in the previous blog. Notably, it is intimidating for a foreigner to invest in a country far from their home country, a country they barely know anybody or anything. In most cases, language is the first factor to consider and the deal breaker.
In response to such concern, in 1992, U.S congress created Immigrant Investor Pilot Program and has extended it through Sept. 30, 2012. Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center.” EB-5 requirements for an investor under the Pilot Program are essentially the same as in the standard EB-5 investor program, except the Job creation requirement of EB 5 program can be met through indirect jobs created by Regional Center. Thus this way, investors are not required to manage their new enterprises after they set up one, neither do they have the burden to provide, let alone manage, 10 US jobs.
Many investors tend to think that since Regional Center is designated by USCIS, investment in them must be safe. This assumption is far from truth.
The organizers of a regional center seeking the “Regional Center” designation from USCIS must submit a proposal, supported by economically or statistically valid forecasting tools, showing:
How the regional center plans to focus on a geographical region within the United States. The proposal must explain how the regional center will promote economic growth in that region.
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 regional center and the promotional efforts made and planned for the business project.
How the regional center will have a positive impact on the regional or national economy.
Standard of Approval
The approval of a regional center means USCIS recognizes the economic entity as a designated participant in the EB-5 Pilot Program. A regional center will be approved if the econometric models and business plans appear to be feasible and that jobs should be directly or indirectly created through investment in the approved industry categories.
Regional Center Termination
If a regional center designated for participation in the EB-5 pilot program no longer serves the purpose of promoting economic growth, improved regional productivity, job creation and increased domestic capital investment, USCIS can terminate the Regional Center designation.
Consumer/Investor Protection
To address the previous assumption, the Regional Center designation does not mean that the regional center’s capital investment projects are backed or guaranteed by the government. Further, there are no guarantees that an investor may ultimately be granted unconditional permanent resident status through an EB-5 investment. For example, if it is determined that the investor’s money is not truly at risk or that insufficient jobs were created through the investment, then the investor’s petition may be denied. Investors should exercise due diligence when making an EB-5 investment.
In response to such concern, in 1992, U.S congress created Immigrant Investor Pilot Program and has extended it through Sept. 30, 2012. Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center.” EB-5 requirements for an investor under the Pilot Program are essentially the same as in the standard EB-5 investor program, except the Job creation requirement of EB 5 program can be met through indirect jobs created by Regional Center. Thus this way, investors are not required to manage their new enterprises after they set up one, neither do they have the burden to provide, let alone manage, 10 US jobs.
Many investors tend to think that since Regional Center is designated by USCIS, investment in them must be safe. This assumption is far from truth.
The organizers of a regional center seeking the “Regional Center” designation from USCIS must submit a proposal, supported by economically or statistically valid forecasting tools, showing:
How the regional center plans to focus on a geographical region within the United States. The proposal must explain how the regional center will promote economic growth in that region.
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 regional center and the promotional efforts made and planned for the business project.
How the regional center will have a positive impact on the regional or national economy.
Standard of Approval
The approval of a regional center means USCIS recognizes the economic entity as a designated participant in the EB-5 Pilot Program. A regional center will be approved if the econometric models and business plans appear to be feasible and that jobs should be directly or indirectly created through investment in the approved industry categories.
Regional Center Termination
If a regional center designated for participation in the EB-5 pilot program no longer serves the purpose of promoting economic growth, improved regional productivity, job creation and increased domestic capital investment, USCIS can terminate the Regional Center designation.
Consumer/Investor Protection
To address the previous assumption, the Regional Center designation does not mean that the regional center’s capital investment projects are backed or guaranteed by the government. Further, there are no guarantees that an investor may ultimately be granted unconditional permanent resident status through an EB-5 investment. For example, if it is determined that the investor’s money is not truly at risk or that insufficient jobs were created through the investment, then the investor’s petition may be denied. Investors should exercise due diligence when making an EB-5 investment.
What is EB5 Program?
EB-5 and EB5 Regional Center are two buzz words. They occur often side by side in people’s conversation. What exactly are EB-5 and EB-5 Regional Center?
EB5 program, also known as the Immigrant Investor Program, was created by Congress in 1990 to stimulate the U.S economy through job creation and capital investment by immigrant investors . Immigrant investors who create a new commercial enterprise or invest in a troubled business, at the same time create 10 jobs will be eligible for permanent residence. There are 10,000 EB-5 immigrant visas available annually. Since 1992, and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.
EB5 program requires that the immigrant make a capital investment of either $500,000 or $1,000,000 (depending on whether the investment is in a Targeted Employment Area [TEA] or not) in a new commercial enterprise located within the United States. TEA is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”
The new commercial enterprise must create or preserve 10 full-time 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 (CPR).
There are two distinctive EB5 pathway for immigrant investors. One is direct investment, another one is to invest in a new commercial enterprise affiliated with a USCIS-designated regional center under the Regional Center Pilot Program. n immigrant investing in a new commercial enterprise under the Basic Program may only satisfy the job creation requirements through the creation of direct jobs. Yet an immigrant investor may satisfy the job creation requirements of the program through the creation of either direct or indirect jobs, which means jobs created collaterally or as a result of capital invested in a Indirect jobs are those jobs shown a commercial enterprise affiliated with a regional center by an EB-5 investor.
EB5 program, also known as the Immigrant Investor Program, was created by Congress in 1990 to stimulate the U.S economy through job creation and capital investment by immigrant investors . Immigrant investors who create a new commercial enterprise or invest in a troubled business, at the same time create 10 jobs will be eligible for permanent residence. There are 10,000 EB-5 immigrant visas available annually. Since 1992, and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.
EB5 program requires that the immigrant make a capital investment of either $500,000 or $1,000,000 (depending on whether the investment is in a Targeted Employment Area [TEA] or not) in a new commercial enterprise located within the United States. TEA is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.”
The new commercial enterprise must create or preserve 10 full-time 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 (CPR).
There are two distinctive EB5 pathway for immigrant investors. One is direct investment, another one is to invest in a new commercial enterprise affiliated with a USCIS-designated regional center under the Regional Center Pilot Program. n immigrant investing in a new commercial enterprise under the Basic Program may only satisfy the job creation requirements through the creation of direct jobs. Yet an immigrant investor may satisfy the job creation requirements of the program through the creation of either direct or indirect jobs, which means jobs created collaterally or as a result of capital invested in a Indirect jobs are those jobs shown a commercial enterprise affiliated with a regional center by an EB-5 investor.
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