The U.S. visa can be divided into two major categories, immigrant and non-immigrant visas, and each major category can be divided into many sub-categories.
EB5 Visa
The U.S. EB5 program requires the following of the applicant: an investment of $1,000,000; however, $500,000 is required if the investment is made in a regional center. The investment period is five years and the investment is returned at the end of the investment period.
The applicant must be at least 21 years old; his/her spouse and unmarried children under the age of 21 can apply for the program at the same time; the applicant is not required to have any business background, education or English language ability; the applicant's assets are not necessarily accumulated by the applicant's own ability, but can be gifted or inherited.
It is reported that no matter which regional center investment project, as long as the immigrant visa obtained through the U.S. EB-5 Act, must follow the legal provisions of EB-5.
The specific application is generally the following seven steps:
1. The applicant selects a regional center investment project and remits the investment money to the project's designated supervisory bank;
2. Gather all the documents and submit the I526 application;
3. The I526 is approved, and transferred to the National Visa Center (National Visa Center);
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4. National Visa Center notifies to pay the visa fee, fill out the DS230 form, and transfer to Guangzhou Consulate;
5. Guangzhou Consulate interview to get the visa;
6. Family landing in the U.S. to get the conditional green card;
7. 21 months from the date of landing to submit the I829 application, to get the unconditional Wisdom portable green card. Due to the sudden increase in the number of applications, it takes roughly one to one and a half years from the time of filing the application to the time of obtaining the former date immigrant visa.
Conditional green card for 2 years The first thing you get through EB-5 investment is a conditional green card for 2 years. At the end of the two-year period, the EB-5 investment is converted to an unconditional green card as long as the investment has not been withdrawn and appropriate employment has been created. The main difference between a conditional green card and an unconditional green card is the validity period of the card, but the rights and obligations are the same, including children's education, investment in the U.S., and medical care for the elderly.
Lower risk of borrowing category program The U.S. EB-5 immigrant investor is different from traditional immigration methods, it is the most powerful combination of immigration and investment. Any investment comes with risks. These risks include at least the risk of immigration, the risk of investment money, the risk of exchange rate changes. Among them, the risk of investment money is the most concerned and the most uncontrollable. The current EB-5 program is divided into two categories: direct investment and investment lending. Projects in the direct investment category tend to invest money with the invested project through the development of the project, and thus basically there is no exit mechanism, there will be no guarantee behavior, of course, there may be a certain return on investment.
Borrowing and lending investment category of the project as the name suggests is the money of many investors will be pooled together to lend to a need to borrow business, instant borrowing, must be repaid, the value of the collateral, the qualifications of the borrower is particularly important. Chinese applicants are often more concerned about green cards than investment returns, so it is recommended that applicants can choose lower-risk lending category programs. At the same time, the employment created by the investment is also an important factor that must be considered, then some labor-intensive industries and projects that have just begun to operate usually can create jobs will really exist.
L1 Visa
The L1 visa is a non-immigrant work visa for managerial-level executives of multinational corporations and employees with specialized knowledge to be transferred within a company's facilities in the U.S. and in other countries. the beneficiary of the L1 visa must have worked continuously for at least one year in the Chinese company of which the applicant is a member in the three years prior to the filing of the L1 petition. The Chinese company must be a parent-subsidiary, branch or subsidiary of the U.S.-based organization and have actual financial and business dealings. L1 visas are also available to multinational corporations that are planning to establish a U.S. affiliate office and are sending managers and professionals to the U.S. to prepare for the establishment of the office, however, such L1 visas are usually only valid for one year. However, such L1 visas are usually only valid for one year, after which the applicant must apply for an extension.
The L1 visa gives Chinese immigrant investors a quick and cost-effective way to immigrate through the EB-1C program. Some slots have not yet been filled, meaning there is no need to wait for a long waiting period. While L1A is not a prerequisite for an EB-1C application, having an L1A visa will make an EB-1C immigration application relatively easy. Prior L1 status will make the case for a green card application even stronger.
Categories of L1 Visas in the United States
Depending on the status of the gainer, the USCIS categorizes L1 visas into L1A and L1B, but will only indicate L1 visas at the time of issuance.
L1A Visa
The L1A visa is designed for a Chinese company to send a managerial-level executive within the company to a branch, subsidiary, parent or affiliate in the United States to serve as a managerial-level executive. The transferred executive must have worked continuously for the Chinese company for at least one year during the three years prior to the filing of the application. At the same time, the L1A allows Chinese companies that have not yet established a U.S. office to send executives to the U.S. to establish a U.S. corporate office, but such L1 visas are usually only approved for a one-year period of validity, and may be renewed upon expiration. In addition, L1A visas are valid for one to three years and can be extended twice, up to a maximum of seven years.
L1B Visa
The L1B visa is designed for Chinese companies to send individuals with specialized knowledge to the U.S. to apply that knowledge to the company's operations. What is specialized knowledge? The law is not clear, so L1B petitions often receive a Request for Evidence (REF) from USCIS.
"Specialized knowledge" is described in the L1 Memorandum issued by USCIS as an individual's special knowledge of the products, services, research, equipment, techniques, and management of the multinational corporation that is the petitioner's business and their use in the international marketplace; or advanced knowledge or expertise in the operations and procedures of the multinational corporation. Advanced knowledge or expertise in the operations and procedures of the multinational corporation. The USCIS also lists occupations such as architects, engineers, lawyers, doctors, surgeons, teachers in various educational institutions, but is not limited to these occupations.
Like the L1A, the L1B can be used to establish the office of a U.S. affiliated company.
Whether it is an L1A or an L1B, the beneficiary must still work as a managerial executive or mentor with specialized knowledge when he or she arrives at the U.S. facility of the Chinese company.