Immigration guide: students studying in the United States should prepare evidence of investment immigration.

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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 application of overseas students for investment immigration is approved.

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 J- 1 visas issued by Chinese mainland have a "two-year return service period". 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, there is a column of "Notes" under the holder's name, passport number and gender. If it is marked as "the holder is subject to the two-year rule of Section 2 12 (e)", then the holder of J- 1 needs to return to China for two years. If it is written under this item that "the holder is not subject to the two-year rule of section 2 12 (e)", then the holder of J- 1 has no requirement to return to service for two years, and can directly apply for a green card without applying for 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.

For example, 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 that immigrants tend to be "non-contagious". That is to say, if the father applies for a visa for B 1/B2 to travel or do business in the United States in the future, the American visa officer should not refuse to grant the father a visa for B 1/B2 because both his spouse and children hold American green cards. 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 immigration applicants: EB-5 investment immigration is divided into "general investment immigration project" and "pilot investment immigration project". "Pilot Investment Immigration Project" is known as "EB-5 Regional Center Investment Immigration Project". "General investment immigration project" means that investors set up their own companies in the United States to manage 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.

Implement a new visa-free pilot program

From February 13, the US Mission in China will begin to implement a pilot program to simplify visa processing procedures, that is, if some eligible non-immigrant visa applicants renew their previous visas within 48 months (four years) and the visa type is the same as last time, consular officials will be allowed to avoid their interviews. In China, those who previously held B-type (temporary business and tourist visitors), C- 1 (transit), D-type (crew), F-type (students), J-type (exchange visits), M-type (non-academic students) and O-type (special talents) visas may expire less than 48 months (4 years).

Two types of applicants who meet the following conditions can choose to use face-to-face service:

The first category is applicants under 14 or over 80 years old.

The second category is applicants whose visas are still valid or whose expiration date does not exceed 48 months.

The first type of applicants requires that/kloc-applicants under 0/4 years old and at least one parent has a valid US visa can choose to use face-to-face service. You need a copy of your child's birth certificate or family account book, a copy of your parents' passport, and a copy of a valid non-immigrant visa in the United States. If both parents have valid American visas, copies of both parents' visas are required.

Note: If one or both parents come to the consulate to apply for a visa in person, parents should bring their children's visa application materials when they come to the interview, instead of passing them through an interview-free agency.

The second type of application conditions: applicants who travel to and from the United States for many times may be eligible to renew their visas by using the face-to-face visa service. This service allows qualified applicants to apply for a new visa by submitting visa materials through the agency without an interview. By using this service, the applicant may not need to go to the nearest embassy or consulate, but the use of relay service can not ensure the issuance of visas.

When the following conditions are met, visa applicants can submit visa application materials through any interview-free delivery agency that provides this service:

All applicants: They must be in China. Previous visas are B (temporary business/tourist visitors), C- 1 (transit), D (crew), F (student), J (exchange visiting scholar), M (non-academic students) or O (visitors with special talents): the applicant's previous visa must be current, otherwise the visa expiration time should not expire. In the previous visa interview, you must provide ten fingerprints. American embassies and consulates began to collect fingerprints of ten fingers from June 5438+065438+1October 65438+May, 2007. If the applicant's previous visa was issued before this date, it is possible that he did not submit his ten fingerprints, then the applicant will not be able to pass the visa on his behalf without an interview.

Applicants who renew the F- 1 (student) visa: If the previous visa contains the remark of "clearance received" and the visa expires less than 3 years, applicants who use the F- 1 (student) visa for forwarding service must plan to continue their studies at the current American school or institution.

Applicants renew other visa types that meet the requirements of this service: if the previous visa contains the remark "clearance received", you need to make an appointment to come for an interview in person.

Visa applicants who renew J- 1 (Exchange Visiting Scholar): If you continue the exchange program you are currently participating in, you can use the agency service.