A,EB5

Investment immigration America belongs to one of the occupation category. Because the categories of occupation immigration in fifth, so called occupation immigration fifth priority categories (EB-5) or investment immigration category. Although it ranked fifth, but with priority equal and first priority category. Need not apply for a work permit, as long as the conditions can directly apply for a green card. Investment immigration category is1990First founded in the reform of the civil code was transferred(USA immigration and Nationality LawSection 203 (b) (5),8 U.S.C. 1153 (b) (5)). The aim is to encourage foreigners in America investment, promote economic development American, at the same time to give foreign investors USA permanent resident (green card). A person can be approved, the family immigration America. Because the class combines two factors investment and immigration, can get a green card, in a short time USA immigrants, it is an ideal way to shoot two hawks with one arrow investment and immigration.

(a) the amount of investment

Investors must invest:
1 $100Million dollars, or
2 $50Million dollars, if the investment in the following specific employment area:
1. The unemployment rate is American national average unemployment rate150%The area, or
2. The government budget management department designated rural area, or in remote areas.

(two) the creation of employment opportunities
Each investor's investment projects must be created10A full-time jobs, i.e. employment10Employees.

1. Full definition:35Hours/Week.
2. More than two people sharing a full-time job is a full-time job. However, two different nature or more part-time jobs can not merge into a full-time job, even if all the labor hours add up to more than35Hours/Week.
3. Individual investment projects must direct hire10Personal.
4. Immigrant investor regional center project can be direct or indirect employment10Personal.
5. Hire a requirement: USA citizens, green card holders, temporary residents, refugees, as well as in the American withholding of deportation of foreigners. Investors and their families and other holding legal work visa(E,H,LOrJVisa)Can apply for in the work of the enterprise, but can not be included in the10A full-time job within the amount of.
6. If the investment to a"The plight of enterprises"(Troubled Business)You do not need to create a new10Jobs, but as long as the existing10And more work to keep it. So-called"The plight of enterprises"Refers to has been operating for more than two years, in the recent12To24Months of net operating loss for the net worth of the company20%Above.

(three) investment
Investment immigration investment are divided into two types. Investors can choose their own way according to their own circumstances.
1Individual direct investment, operation and management of investment projects

• The personal investment projects in the USA,
• Investigation of market analysis and feasibility,
• The official establishment of the company, or the shares of the company of others,
• Hire directly, carry out the business operation,
• Investors must play an active role in the new enterprise management decision. For example, do the management and supervision of the daily, or participate in the formulation of policy(Served on the board of directors, or the corresponding rights and duties in the limited partnership of).

2 Investment to the USCIS approved investment immigration regional center(Regional Center)Project

The definition of investment immigration regional center:

• USCIS approved commercial entity, organization or department ,
• Investment project set up in the America specific geographic region,
• To set up the center aims to promote economic growth, through increased export sales, improved regional productivity, create new jobs, and increased domestic capital investment.

Characteristics of investment immigration regional center:

• The investment project through the market investigation, analysis and demonstration,
• The establishment of the immigration pre approved regional center,
• Do not need direct hire10Employees, indirect employment10Employees,
• Construction workers can be hired staff number,
• The daily management of the investor need not directly involved in investment projects,
• Relatively speaking, to save trouble than individual direct investment, but be careful to choose the center project,
• Regional Centre for the cancellation of the green card conditions for approval to the Immigration Department, economists analysis method on calculating investment projects required number/Model can be used as transfer the official green card hiring basis.

(four) investment risk
In accordance with the provisions of immigration, Immigration Ordinance and the previous case,USA immigrant investor must be risk investment, There can be no risk-free guarantee, stock repurchase, the principal in full refund, or other similar promise or agreement. The purpose of legislation the provisions mainly prompted investors to get investment project successful operation; not just to get a green card and the surface of the investment, thereby neglecting to promote American economic development, employment creation purpose.

(five) requirements for investment projects:"The new business enterprise"
Investment immigration program must be"The new business enterprise"Project."The new business enterprise"Is defined as follows:

• In the1990Years11Month29Legitimate profit-making enterprise day after the establishment of the;
• Create a new business or other business entities;
• If the investment in a1990Years11Month29Day before the establishment of the enterprise, the investor must be restructured, the purchase of the enterprise after the reconstruction, reconstruction of the formation of a new commercial enterprise; or the additional investment, the net asset value or the increase in the number of employees40%.
• To save a failing"The plight of enterprises("The establishment of2In the past years12 To24Months of net operating loss for the net worth of the company20%Above), and retain their original employment of all employees (but not less than10Individual).

The new business enterprise can be in the form of self-employed, finite or infinite partnership, joint venture, or other companies, listed or not listed enterprises. If investors only engage in non continuous business investment projects, such as pure investment to buy land for the construction of private housing, it is not in accordance with the investment immigration requirements; but the purchase of land for the construction of the hotel, hotel, commercial/Tourist center and other facilities are in accordance with the requirements of.

(six) the legitimacy of sources of funds
Investors must be achieved through legal means. That way the legitimacy of sources of funds including (but not limited to the following cases):

• Personal income;
• Individual investment income;
• Real estate, stock trading;
• Inheritance;
• Gifts to friends and relatives, borrowing;
• Judicial proceedings of judgments obtained compensation;
• Bank mortgage loans, investors must own the debts, and the new enterprise assets can not be used to do with the guarantee or collateral for debt,Wait.

Be careful.
1 If funding is provided by others, the legitimacy of the loan or gift must prove its source of funds.

2 Investment immigration green card andL-1The difference between Multi-National Corporation manager card:
1. Investment immigration green card: money must be individual investors;
 (2) L-1Multi-National Corporation manager green card: money must be a company.

(seven) the common investment immigration, employee number distribution
In a joint venture, each investor must meet the investment100Wan Huo50Million, and provide10The two condition jobs. If one does not do a green card, can replace sb. by project investors. Therefore, the new enterprise to provide employment places can be counted as investors need to do a green card quota. However, the investors still need investment100Wan Huo50Million dollars.

(eight) the new commercial enterprise life
The new investment in commercial enterprises with10New jobs created must be operated for at least two years, until the permanent resident investors becomes official identity.Loss and profit is negligible.Two years, investors can apply to turn into a permanent resident of the formal identity.Application must be in the investor's conditional green card two years ago90Days to come, and investors had to continue to run the enterprise will.

(nine) has obtained the official green card business operation
In two years of conditional green card expires, investors can apply for permanent resident formal identity. Investors must also continue to operate the investment enterprises will in two years. Has obtained the official green card, investors can continue to operate, transfer or sell the investment enterprises.
If the investment is to a regional center investment project, according to the different requirements of each center project, investors need to5 To6Years may retrieve the loan (if it is in the form of loans to investment), Or will sell its shares to others or to be responsible for partners, or to continue to invest in the project, regular dividends.

(ten) investment immigration benefits

• One approved, family immigration;
• Can investment business, and immigration American, shoot two hawks with one arrow;
• No academic qualifications and work experience requirements;
• Children can enjoy American good education, reading in the public schools,Save the tuition fees;
• If parents do not want immigrants USA, can also be presented to the children (capital18Years or above), let the children themselves immigrants receive higher education in America.

(eleven) mode of operation of investment immigration regional center

Mode of operation of investment immigration regional center

Investment immigration regional center is the first choice of the mode of operation of the project investment development, research to prove its feasibility and the rate of return on investment, the operation of the market prospects and the related risk, and then proposed the establishment of a regional center to apply for immigration. The immigration review, eligible, issued a formal notice of approval, and announced on its official web site. Regional center is usually to set up a limited partnership or limited liability company as its business entity. Then, a regional center absorption investors become a limited partner, each50Million dollars(Or100Million dollars,As the center of the project site and)For one, the investment required number according to the investment required for the project funds to. For example, a project needs5Tens of millions of dollars, the limited partnership to absorb100Investors, each investor to become a limited partner(Limited Partner)However, regional center or its entrusted management company to become the unlimited liability partner in charge or management center(General Partner). Unlimited liability partner responsible for investment projects in the daily business activities, investment income according to a certain percentage of charge,The rest of the investors in proportion. The ways of investment, some center is in the form of loans, there are certain interest each year,5Or6Years after the return of loans. Some projects according to profitability regular dividends, investors get a green card5Years later, can be considered from the long-term investment, continue to serve as a regional center of shareholders, regular dividends. If investors do not intend to continue to invest in it, it will sell its shares to others or to be responsible for partner. The sale price is based on the market value to decide. If the economic benefits of the project is good, more appreciation, the original investment50Million dollars may be added, otherwise it may be impaired. Some investment project is not only as an investment immigration program, but as a normal investment projects for various investors use,So some people do not green card can also be the investment in these projects. At present, the investment project area center includes: military base transformation, the airport expansion and renovation, the city municipal building, the development of construction of large shopping center, built ski resort and entertainment facilities, Power plant, build a casino, film photography base, build health center building construction, property development, sale, lease modification alteration of port infrastructure, advanced nursing homes, agricultural project development, marine industrial park development transformation, building a resort, iron and steel plant expansion transformation, dairy farms and dairy facilities the construction of new energy-saving and environment-friendly vehicles, the research and development, construction, etc.. At present (cutoff2011Years9Month15Day), America immigration has approved173A regional center. Because each regional center project, management mode of operation, duration of investment, return on investment, the investment risk is different, investors need more careful analysis, careful selection of investment center, the expected effect in order to achieve investment and immigration. Investment immigration regional center table to the Immigration Bureau websiteHttp://www.uscis.gov/   Two,EB1C

(a) what isEB1CAnd conditions

1,EB-1CThe design for the Multi-National Corporation senior management staff of the immigrant visa categories.

2Must meet the following conditions apply for occupation, immigration to Multi-National Corporation manager and senior management personnel identity:

1.The categories are required to have two companies in USA and overseas, mutual relationship between the parent company and the subsidiary company; overseas company is the parent company, America company is subsidiary, or vice versa; buy existing America enterprise, or the establishment of new companies can be found in the USA;

2.The applicant before applying for three years, at least a year as a manager or senior managers in oversea company. If the applicant is president of oversea company, the general manager, deputy general manager or the corresponding position, can be regarded as the senior management personnel;

3.Applicants for immigration USA to management USA, seconded to beauty;

4.The oversea company and the American companies are required to operate normally, and to have reasonable employee.

Immigration to the Multi-National Corporation manager and senior management personnel of the status is goodNo academic requirementsThat is, the management experience, more suitable for those without a degree, but people have management experience. No other company as an employer, the company may apply. Do not have to apply for a work permit to the Department of labor, a direct application to the immigration, and green card number is enough, don't have to wait for a quota arrangement.

 

(two) the basic procedure of EB1C

1.In USA founded the company or buy in the enterprise as a branch

2.Oversea company in the first non immigrant visa (L-1,Period of validity7Years) will be the company's managers sent to American branch;

3.Enter the America1Years later, companies are operating normally, and to have reasonable employee, then immigration applications;

4. In order toL-1During the visa status in the America work,L-1The applicant and family members can live and work in American learning.

5.In the proposedEB-1CPeriod based immigration application to wait,L-1Applicants and their families as a result of business or other things to leave, can go to the immigration"Pre - entry permit",1Years out of USA, while maintaining directly to obtain a green card eligibility in American.

If the company is large in scale, strength, and the applicant in accordance with the conditions, even in the USA outside, can also direct the immigration applications, directly to the immigration visas to enter the America, and do not need to apply forL-1Visa.

 

Three.EB-1CApplications need to submit documents

Specifically, employers need to provide evidence of the beneficiary to meetEB-1CAll the required documents, detailed description of the beneficiary in America are responsibilities of the documents and other supporting documents.

ConductEB-1CThe required file are listed below:

1, by the Usa Inc to provide documents:

·         The articles of association of the company

·         Federal employer identification number (EINApplication form ()SS-4Table)

·         The shares of the company

·         Office lease contract

·         The first prove that investment bank or telegraphic transfer

·         Accounting audit report (the balance sheet, profit/Loss of proof, cash flow report)

·         Company tax returns (1120Table)

·         Company's quarterly report (941Table)

·         The business scope of the company

·         Business contract, invoice, bill of lading, letter of credit etc.

·         Bank certificate

·         Company organization and personnel plan

·         Office of internal and external photos, foreign Usa Inc's files

·         Business license

·         The articles of association of the company

·         Over the past three years of tax returns

·         The organizational structure of the company, the total number of employees, the beneficiary jobs

·         Company promotional material or product introduction

·         Transaction records

·         With the company logo, name and address of the company letterhead

·         The company headquarters, factory or building photo (if these contents, including company promotional materials are not available separately)

 

2, the beneficiary information:

·         Resume

·         Proof of qualifications

·         Usa Inc provide overseas employment letter

·         For document resolutions beneficiary turns to Usa Inc

·         Other evidence of the beneficiary has the ability of management positions in the corresponding file.

 

Three,L-1

(a) L-1Visa

This kind of visa is USA government to stimulate the American economy and encourage Foreign Company to the firms set up, create more employment opportunities for the purpose of promoting economic development for USA, America. The method of American the house and Senate, President George Bush senior in1991Signed.

Two. L-1Visa advantage

Processing cycle short. America immigration general approval time30-60Day. If the applicant requests the immigration office to express approval, as long as the applicant to pay immigration1000The dollar up fee, immigration will approve your application in two weeks. The firm has been successful for a number of applicants for the express approval, the fastest only in the delivery within one day after has been approved by the Department of immigration.

L  No amount of investment restrictions (investment immigration investment50To100Million dollars).

L  No degree requirements (H-1BRequire the applicant has at least bachelor's degree diploma).

L  No harsh grams working background requirements.

L  All walks of life are all available.

L  Spouse and children can get a visa to come to the beautiful life and the school (the children free access to the nation's best public schools).

L  A year later,Eligible to apply for permanent residency (investment immigration green card two years of observation period).

L  A person to apply for a green card is approved, the whole family also get a green card.

L  Usa Inc can operate, different from the immigrant investor shall pay the others operation.

Three.L-1The application conditions

The following conditions are handledL-1The basic requirements for visa, please pay attention to legal each of the conditions of the different requirements and the immigration legal interpretation on the application in the audit. Each person's situation is different. Interpretation and evaluation more accurate with the only lawyer before they can make.

1 In the past three years, the company worked continuously for at least a year:

Foreign companies with America branch must have a certain relationship, this particular relationship in the following cases may exist:

• Foreign Company and Usa Inc is a company or Usa Inc, foreign offices, branch;
• The Usa Inc has more than foreign companies50%Shares or foreign company owned Usa Inc more than50%Shares.
• The third companies (or individuals) have more than in the Usa Inc and foreign companies50%The shares, which the company (or individual) in the Usa Inc and foreign shares in the company more than50%;
• Shareholders and shares the same Foreign Company and Usa Inc;
• Foreign companies and Usa Inc, the newly established joint venture company.

Even if the conditions do not meet any of the above four cases, if the foreign company to the Usa Inc"Effective control"Or third company can implement the foreign company and Usa Inc"Effective control"Still, you may apply for theL-1. Common sense tells us, You don't need more than50%The shares to control a company, sometimes10%The company can control the entire firm.

2 In theL-1Visa period, foreign companies must continue to operate abroad;

3 The applicant must be engaged in decision-making or management work in foreign companies, or their work relates to"Special knowledge". Decision and management personnelL-1The identity of the USA work for seven years,"Special knowledge"The applicant is up in America work for five years;

• Decision making refers to develop policy management direction, fundamental policy planning staff.
• Management refers to the Department Manager (contain deputy manager above personnel)
• "Special knowledge"Is the applicant has special knowledge and understanding of the company products in the international market marketing; have a special understanding of the company's operating procedures.

4 The applicant to the Usa Inc to engage in decision making With unique knowledge, management or enterprise. The applicant does not need to have any diploma.

Experience tells us, Immigration will often have different requirements, even the same company in different papers, may be granted a, leaving a lawyer supplementary materials. All applications must be depending on the specific situation to design the best solution.

Four.L-1The procedures for

If you have an existing America branch, can apply immediatelyL-1Visa, without having to register a new Usa Inc.

ARegistered American branch
If you do not America branch, the first step is the application is to set up a America branch. American law does not require the company to form, therefore, whether the partnership (Partnership), Ltd.(Corporation) , limited liability company(Limited Liability Company)Or other forms of business, can become a branch. If the parent company is self-employed, also can be in USA registered self-employed (Sole Proprietorship)ApplyL-1Visa. The parent company of the form can also be informal, as long as it is after the registration of commercial entity on the line. Of course, this is just the theory is feasible, in real life, it depends on the specific situation to select the best form of companies. Now the trend isL-1More and more difficult, so we must fully prepared, not penny wise and pound in some sections.

In American registered company is relatively simple procedures:
1 Select a state USA registered company.
2 Determine the name of the company, The basic organization structure (mainly the management of stock, the names of people and their relative share of the company).
3 The establishment of registration with the state company. One thing to note is America no registered capital requirements, you don't need to have a large sum of money to register a company. In addition to the insurance, financial and other industries, the Ordinary Company do not need special license. The company set up file sent to the state government can be approved soon after.

After registration, you can begin to apply forL-1Visa.

B. Prepare to branch materials

To the immigration office to submit materials, in addition to previously mentioned parent materials, including branch materials. Company main material:
1 Company registration documents;
2 Shareholder agreement or partnership agreement;
3 Ownership certificate;
4 Open a bank account and transfer certificate(To prove that they have in USA business year financial capability);
7 Office lease.
8 Ongoing business documents, such as a detailed statement of business nature of the company and customers, Copies of contracts, invoices and other can prove that the company and customer relations of cooperation documents.
9 A business plan, Belt3Years of financial forecast (investment, is expected to gross profit and net profit), A realistic assessment of risks and challenges, and the structure of management personnel and expected staff.(We can find a consulting company to write a business plan, cost 2,000 The dollar)Such as small scale, a company to apply for not more than twoL-1Visa is appropriate.

 

C. Submit the application
When all the documents are ready, the materials submitted to the immigration lawyer. In the present circumstances, is normally about2To3Months to obtain immigration reply; if approved, you will receive approval; if the need for additional materials, immigration will need to add content to tell the lawyer, the lawyer within the specified time (30Days) the material up, the immigration office received supplementary materials in general in the two months to make the final decision. Unless the papers materials obviously not qualified, immigration in general do not immediately rejectL-1Apply. The applicant will have the opportunity to supplement the materials or add. Even if the immigration authorities refused a request of the applicant, the application people can still re submit a new application.
Notice of approval from the Bureau of immigration, the lawyer will notice and relevant documents to the applicant company to American embassy, The consulate to apply for a visa to go to USA.
If you have USA branch was established for more than a year, youL-1The visa is valid can be three years, after the expiration of the period can be extended. If the company less than a year, youL-1The visa is valid for one year, after the expiration of further delay. A person can takeL-1The longest term visa for seven years. The only company in the normal business activities,General can be allowed to delay. American branch operation after one year can apply for a green card for company management.To apply for a green card generally need6To12Month.

 

D. Apply for a visa to the U.S.
Because of that, USA consulate found applicationL-1Visa cases increased significantly, and there is a lot of fraud cases, the interview has strict audit. Some of the Immigration Service approvedL-1The application could be the visa officer rejected or require further repair materials, sometimes even a case to the immigration requirements review. In addition to the visa officer found false refused to apply for visa application materials, the visa officer can also for the parent company does not have to USA business conditions refused visa application.
To avoid refusal, the applicant shall be ready to go before a visa. This preparation is divided into two aspects:
1 Document preparation. The applicant may be the parent company information relating to notarization, and took on the company that the company office, photos, and proof of the foreign business, such as contract, consignment, letters, fax and so;
2 The applicant to make a comprehensive understanding of the parent company, especially the business be familiar with. The applicant must have a clear understanding of the company set up a branch office plans and goals in America. To make the visa officer that you really have a workable plan to branch in American operate together, instead of using theL-1Visa to America do other things.

In addition, the applicant shall truthfully fill in the visa application form (OF-156). Not completing the application may be refused. Even if the visa approval, later was found to also can have very serious consequences in the to apply for a green card or naturalization when. Fill in the form is not generally have the following conditions:
1 Marital status or age. Think married or older may have higher chance for success but not truthfully fill out;
2 In the past had applied for a visa denials of secret not to mention;
3 Has filed an immigrant visa a secret not to mention;
4 For parents, Brothers and sisters, Spouse or children in a American hide not to mention.

In fact, truthfully fill in the situation on the availability ofL-1Visa did not affect the. Immigration lawL-1The applicant may have called immigration intention. As long as the applicant guarantee atL-1Due to leave America can. Has filed an immigrant or not relatives constitute a reason for rejection in the America itself.

(five) forL-1Visa required documents of the parent company

In general, the parent company shall prepare the following documents:
1． The business license or the presence of that document (including the establishment, registration, license file).
2． The company is mainly responsible for people's names and their exact shares.
3． If the parent company has other subsidiaries or other Associate Company, please provide the names and relationships.
4． The company nearly3Annual financial report, including tax returns, the income statement and the balance sheet (or other display company information, business turnover and profits of the file). And the recent6Bill months bank.
5． Company introduction books, web sites, the foreign parent company business site photo (office building both inside and outside) and other products/Service content directory. Without the company of books or introduction book does not fully explain the business activities of the company, Business activities of other paper companies at home and abroad, including other branches;
6． Company organization structure is described, including the total number of employees, structure level manager and administrative posts and personnel, please provide company payroll recently.
7． Proof of business activities: Contract, reward, advertising, invoices, bills of lading, credit, receipts. If the business with foreign companies, attach relevant documents/A copy of the contract.
8． Several company stationery (address, telephone, fax, there must be).
9． Other documents that can prove the company.
10． The company set up a branch to USA purposes, including business plan, target, investment etc..

 

(six) forL-1The applicant of visa required materials

The applicant will be sent to the American company, office staff, should prepare the following materials:
1． Personal resume, including name, Gender, Date of birth, Place of birth, present address, level of education, different work experience, duties and responsibilities, with working experience in the parent company .
2． Such as a passport, please provide a copy of the passport.
3． As University/Graduate school, please provide certificate of graduation.
4． Please provide any other certificate
5． Letters of appointment issued by the parent company, when to start work, the parent company of all duties, responsibilities. Especially in the parent company's management or administrative structure status.
6． Send the letter issued by the parent company, that company will sent to USA either sub company, the content of duty and so on.
7． To prove that the work is full a year of payroll records in the parent company.
8． The applicant in the Usa Inc post and responsibilities.
9． If there is any members of the family as the family to USA, please provide a copy of their passport.

Employment certificate must show that the staff in the past three years, at least one year as manager in the parent company.
*Note: the lawyer's case, immigration is not required to provide the original, more do not need notarization. So in addition to the letter, other documents of all copies. Please prepare the original and one copy of the file. We only need to copy. ButL-1Approval to America foreign consulate to apply for entry visas, visa officer may require the applicant to provide all the original documents.
The materials are ready, you can start the application process.

(seven) aL-1And to apply for visa extension
A. Apply for an extension
Company set up in American if operating for less than a year, only for its employees to apply for a visa; full year of operation the company can apply for three visa. Six months before the expiration of the visa can apply for an extension. Extension, the immigration office to review the parent company and the Usa Inc management files. Especially the immigration management status of Usa Inc made a detailed report to the applicant. The required file includes:
1 Company tax returns;
2 State and federal payroll tax statements;
3 The contract AWB, business correspondence.

Now,L-1Extension of the application review also tend to strictly. If the company's turnover is too low or the company didn't hire other senior staff, the visa extension application may be refused. But generally speaking, if the company has normal business operations, but is not the profit. A company in the initial stage of the establishment of no profits is understandable.

B. To apply for a green card
Company continuous operation in USA full after a year, if the company is in good condition, and in accordance with the relevant provisions of the immigration laws, can for the company or the parent company managers to apply for permanent residence America (green card).

The first step is to apply for a green card is submitted to the immigrationI-140Table and related documents. The applicant can not need to schedule immediately apply for a green card. If the applicant is in USA, can be submitted to the Bureau of immigrationI-485Table and related documents, the general1Years can get a green card; if the applicant in China, should wait for the notice Guangzhou consulate interview after a visa to the United states.