The difference between EB- 1C transnational executive immigrants and EB-5 investment immigrants in the United States.

EB- 1C first requires qualified multinational enterprises with American institutions and overseas institutions. Eligible enterprises should be established by another enterprise, such as the parent company and its subsidiaries or affiliated companies. In addition, the beneficiaries of EB- 1C application are senior managers and managers who will be transferred to relevant institutions in the United States, and the applicant is an American institution of a multinational company. The American organization of a multinational company must exist for more than one year to become a qualified EB- 1C applicant. For example, Chinese mainland A Company established its corresponding branch A-USA in the United States on September 1 2065438. Then, from September 20 1 year 1 day, A-USA can apply for EB- 1C of the executive level of Company A, provided of course that this is the premise. After the EB- 1C application is submitted, the beneficiary can apply for a temporary application before being approved? L- 1A visa. Simply put, to comply with EB- 1C, the beneficiary's company must include at least two institutions. One of them is in the United States and the other is outside the United States.

EB-5 requires applicants to invest in the United States to set up a new enterprise, or to acquire a difficult enterprise, or to invest in a regional center. Applicants do not need to work for companies outside the United States. At the same time, there are many forms for applicants to invest in the United States. For EB-5, investors themselves are both applicants and beneficiaries.

Sources of funds and amount requirements

In the trial of EB- 1C application, the US Immigration Bureau usually only pays attention to the initial investment and capital flow between overseas companies and American companies. However, the Immigration Bureau did not impose a rigid requirement on the amount of this investment. If a subsidiary in the United States has just been established, the Immigration Bureau will often ask the applicant to provide relevant proof of the capital flow of the overseas parent company to the American subsidiary. Of course, although the Immigration Bureau does not require the investment amount, the investment amount should be reasonable enough to support the operation of American institutions. In practice, we can see that the initial investment of some companies is only about US$ 6,543,800, and these EB-654.38+ 0C applications were approved by the Immigration Bureau only after the American institutions began to operate.

In this regard, EB-5 has stricter requirements for funds, because its purpose is to attract overseas investment to increase the employment opportunities of American workers (that is, American citizens, permanent legal residents and asylum seekers). The applied investment amount is at least USD 500,000, and some investment modes need at least USD 6,543,800+0,000. Applicants must submit relevant valid evidence to prove the legal source of funds.

In the EB-5 application, assets obtained directly or indirectly through illegal means such as crime cannot be used as EB-5 investment. In practice, the Immigration Bureau will strictly examine investors' sources of funds. Of course, there are various types of assets, such as cash, equipment, materials and other tangible assets and cash equivalents, debt secured by property and so on. Can be used as an investment source for EB-5. EB- 1C has no legal requirements on the source of investment funds.

Key points of immigration review

In EB- 1C, the Immigration Bureau will focus on reviewing the structure of multinational companies as applicants and the operation of American institutions. The key to the success of EB- 1C application is that the American institution as the applicant can prove that there are senior management or administrative positions in its organizational structure that allow the beneficiaries to work, rather than positions for daily operation or front-line workers' supervision. So generally speaking, five to seven full-time employees can meet this condition. In addition, American institutions must actually operate and generate corresponding income.

In the EB-5 application, the Immigration Bureau will focus on examining whether the investment funds have really been transferred, creating 10 jobs for American workers and the legal sources of the investment funds. If the applicant invests in a regional center approved by the US government, the indirectly increased job opportunities can also be counted.

Status of immigrants

In EB- 1C, the position provided to the beneficiary must always have the responsibility of management or administration, and the level of the position must reach the height of making business decisions, corporate decisions and managing other lower-level management institutions. For example, managers or board members of branches or subsidiaries. Immigration will consider these functions together with the corporate structure in the United States during the review.

EB-5 does not require applicants to have relevant job opportunities or sponsored employers. If the applicant chooses to set up a new enterprise or invest in a difficult enterprise, the applicant must carry out daily management of the invested enterprise, and the qualified positions can be senior management positions including company managers and board members. It can also be a general management position, such as factory director, foreman and so on. If the applicant chooses the regional center investment mode, then the applicant does not need to carry out daily management of the enterprise, nor does he need to live in the investment area.

Applicant qualification

In the EB- 1C application, the beneficiary must have been employed by the company's overseas companies or branches in the United States for at least 1 year in the three years before submitting the application. Although there is no special requirement for the educational background of the beneficiary, the beneficiary must have reasonable qualifications to perform his management authority.

EB-5 application does not require any educational background, work experience, investment experience or other technical skills for the applicant.

Applicants in the relevant forms

EB- 1C is an application sponsored by the employer, that is, an American company, that is, an American institution of a qualified multinational company, is the applicant and the transferred employee is the beneficiary. This American institution needs to submit the I- 140 form to apply for EB- 1C professional immigration for the beneficiary.

In EB-5, the investor is both the applicant and the beneficiary, and no other sponsoring employer is needed. Investors need to submit the I-526 form themselves.

Proof materials and documents

In the EB- 1C application, the employer is required to submit a summary of the responsibilities of the management position provided with the I- 140 form. Employers also need to provide evidence that can prove the relationship between the American institution as the applicant and other institutions of multinational corporations. These evidences include articles of association of American institutions and overseas institutions of multinational companies, tax returns, bank deposit certificates, major commercial contracts, invoice samples, sales documents, office leases, photos of main offices, company organizational structure descriptions and other property documents.

Beneficiaries also need to submit evidence to prove that they are qualified for the position.

In the EB-5 application, the applicant should submit relevant evidence together with the I-526 form to prove that the investment will actually be carried out and the investment funds have legal sources. The materials used to prove the legal source of funds include the transfer contract of real estate and other property, bank deposit certificate, shareholding certificate, house purchase certificate, tax return, business records of enterprises and other relevant proof of income sources. In addition, investors must provide relevant evidence to prove that the new enterprise they invest in does exist. Relevant evidence includes the organizational structure description, articles of association and other American business licenses of the new enterprise.

Moreover, EB-5 applicants need to submit evidence that they have provided at least 10 full-time jobs for American workers. If the new company employs American workers, the applicant can submit the I-9 form and tax payment certificate. If the new company does not employ any American workers, the applicant can submit a detailed business plan stating that at least 65,438+00 full-time American workers will be employed within two years. Applicants who invest in regional center projects can prove that they have indirectly created at least 10 jobs by submitting data analysis and expert evidence.

Permanent green card and temporary green card

Once EB- 1C is approved, the beneficiary and his immediate family members can apply for status adjustment if they are in the United States, and apply for a visa through the consulate procedure if they are outside the United States. When they get a visa to enter the United States or their status adjustment is approved, they will get a permanent green card without any conditions.

However, in the EB-5 application, you must go through a temporary green card stage. Once the EB-5 application is approved, the applicant can apply for identity adjustment. Unlike EB- 1C, the applicant was granted a temporary green card for two years. During the validity period of 2 years, the temporary green card and the permanent green card enjoy exactly the same rights.

In order to lift the two-year restriction, the applicant and his immediate family members need to submit an application for lifting the condition within 90 days before the expiration of the temporary green card. Applicants need to submit relevant evidence together with the I-829 form to prove that they meet all requirements of EB-5 for investment immigrants to set up enterprises and hire American workers.

EB-5 applicant's identity is still valid at the I-829 processing stage and has traveled abroad. However, if the applicant fails to apply for removal conditions within the specified time, his temporary green card status will expire and terminate. If I-829 successfully passes the trial, the applicant and his immediate family members can get a permanent green card.

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From the procedural point of view, EB 1-C is the first priority, and EB5 is the fifth priority. Therefore, EB 1-C does not need to obtain a temporary green card like EB5 (after I526 passed), and a two-year temporary green card can only be obtained through re-examination (I829 lifted the conditions). Therefore, EB-5 investment immigrants may last longer and have more uncertainties. It usually takes three and a half to four years from the beginning of application to the final success of obtaining a permanent green card.

EB 1-C is an unconditional green card in one step. Because there is no temporary green card stage, there is not so much trouble. Generally 1 can get a permanent green card in about two years.

Requirements for employees

As mentioned above, the key to the success of EB- 1C lies in proving that American institutions of multinational companies can provide relevant senior administrative positions for beneficiaries, rather than the daily management or supervision positions of front-line workers. Therefore, it is generally necessary to hire 5 to 7 employees to meet the requirements. In addition, American institutions must actually operate and generate income.

One of the keys to the success of EB-5 is to be able to prove that at least 65,438+00 full-time American workers have been employed, or if the applicant has invested in the regional center project, the applicant can prove that at least 65,438+00 jobs have been indirectly created.

EB- 1C and EB-5 both involve complex commercial and legal issues. We advise interested companies and individuals to consult immigration lawyers with professional knowledge and rich experience before applying to avoid unnecessary accidents and setbacks.

Generally speaking, EB- 1C requires the applicant's management ability and other experience background, and the applicant's enterprise is needed as a guarantee to apply, but EB- 1C is almost risk-free and takes less time. Therefore, EB- 1C is more recommended than EB-5 for foreign citizens who are willing to emigrate and can meet EB- 1C conditions.