American immigrants should plan and prepare in advance.

In recent years, the number of Chinese mainland students studying in the United States applying for green cards through EB-5 investment immigration and EB-2NIW (the second priority national interest exemption for professional immigrants) has increased rapidly. 1. Planning and evidence preparation for international students applying for EB-5 investment immigration.

There are several different situations in which the law firm has approved the application for overseas students to invest in immigration.

A. International students studying for a master's degree or a doctorate in the United States.

Most of these international students hold F- 1 status to study for master's or doctoral degrees in American universities. In order to improve their competitiveness in the American labor market, they applied for a green card through EB-5 investment immigration during their study. This kind of applicants are self-centered applicants. After obtaining the approval of the Immigration Bureau, they apply to adjust their status in the United States and submit an I-485 application.

B. International students studying in undergraduate, high school or junior high school in the United States.

Many of these international students are under 2 1 year-old and submitted their applications with their parents before 2 1 birthday. This kind of application for international students takes parents as the main applicants and themselves as family members. Although these applicants also hold F- 1 or J- 1 status to study in the United States legally, because their parents are the main applicants and they are in Chinese mainland, most of them need to go back to the mainland to attend the immigration visa interview with the main applicants by the US Consulate in Guangzhou.

If international students once held J- 1 status, they need to make a green card application plan in advance, because most of the J- 1 visas issued by Chinese mainland are available? A two-year return service period? Restrict. If there is this restriction, international students cannot apply for a green card in the United States unless one of the following two conditions is met. First, meet the two-year service in China. Second, apply for exemption from the two-year return service period. Although the law also gives several other options, they rarely succeed because of the complicated and difficult conditions required by other options.

The application for exemption from J- 1 two-year repatriation service is simple and smooth. However, it is worth noting that J- 1 holders who participate in some special education programs cannot apply for exemption. For example, some students who have participated in the Sino-American Education 1-2- 1 project. Therefore, when planning EB-5 investment immigrants, we should pay special attention to what kind of visas children come to study in the United States. Studying in the United States is relatively simple. If your child has already taken J- 1 to study in the United States, you must find out whether and how to apply for a two-year exemption for returning to China before applying for EB-5 investment immigration.

Whether the J- 1 visa is accompanied by a two-year return service period can be found on the passport visa page. This is written on the visa page. On the right side of the visa holder's photo, under the holder's name, passport number and gender, there is a column? Annotation? Next, if you specify:? Is the rule that the holder is bound by Section 2 12(E) applicable? Then the holder of J- 1 added a two-year return service requirement. If you say:? Holders are not subject to section 2 12 (E). Does the two-year rule not apply? Then the holder of J- 1 does not have the requirement of two years' return service, and can directly apply for a green card without applying for visa exemption. If it is not written under this item, for J- 1 holders in Chinese mainland, it is equivalent to the requirement of two years' return service in most cases.

Parents want their children to study in America at some time.

Many parents want to arrange for their children to attend middle schools or universities in the United States at a specific time. Because parents in China have a deeper understanding of the American education system, they want their children to study in the United States as green cards, so as to have a better chance to enter first-class formal education institutions and receive equal education with American students. Therefore, apply for EB-5 investment immigration before your child goes to study in the United States.

The above EB-5 applicants, except for the first type of adult students, the second and third types of students can apply for EB-5 investment immigration with their parents, or they can apply for EB-5 investment immigration with their parents.

D. Single-parent EB-5 investment immigrants

In fact, single-parent investment immigrants are not investors, but a different form of investment immigration planning.

Lawyers have recently handled some investment immigration, and children only apply for EB-5 investment immigration with their mothers. My father did not participate in EB-5 investment immigration application for his spouse and children because of the industrial and commercial tax examination in China. Some of the family members' applications for investment immigration were successfully approved. American immigration law also stipulates immigration tendency? Not contagious? . That is to say, if the father later applies for a B 1/B2 visa to travel or do business in the United States, the American visa officer should not regard his spouse and children as American green cards? Immigration tendency? He refused to give his father a visa B 1/B2. Because the migration tendency of mothers and children will not be passed on to fathers.

The following points should be noted in the evidence preparation of EB-5 investment immigrants: What are the EB-5 investment immigrants? General investment immigration project? And then what? Investment immigration pilot project? . ? Investment immigration pilot project? Now it is widely known. EB-5 regional center invests in immigration projects. ? And then what? General investment immigration project? It means that investors set up their own companies in the United States, operate and manage them, and create 10 or more full-time employment opportunities.

2. Evidence preparation for international students to apply for EB-2NIW national interest exemption.

Self-application for EB-2NIW is one of the most widely used green cards for international students. The evidence requirements of this kind of applicants mainly include having a master's degree or above. If they don't have a master's degree, they must have at least 65,438+00 years of work experience and prove that the applicant's performance in this professional field is more outstanding than that of ordinary staff. At the same time, it is required that the applicant's work is important to the national interests of the United States and has a national impact.

How to prove that the applicant's work and performance are important to the national interests of the United States and have a national impact? At present, one of the evidences that the Immigration Bureau attaches importance to and is used by many applicants is the independent quotation. Legally speaking, the Immigration Bureau has not put forward a numerical standard. Comparing the recent AAO and online reports, EB- 1A was also rejected by RFE from 120 to 150 cited cases. Obviously, the requirements of the Immigration Bureau for NIW applicants are much milder.