Frequently asked questions about American transnational executives' immigration.

1. Frequently Asked Questions of American Transnational Executive Immigration

1. Do you want to open a comp

Frequently asked questions about American transnational executives' immigration.

1. Frequently Asked Questions of American Transnational Executive Immigration

1. Do you want to open a company in the United States, with China companies or individuals as shareholders?

Only from the aspect of applying for a green card, the difference is not great, as long as the parent company or Chinese and American companies are controlled by the same group of natural persons. However, as far as the procedures and taxes of China companies/individuals investing overseas are concerned, they are different.

2. What are the scale requirements of Chinese enterprises?

Although the law does not have any strict requirements on the size of the parent company, in practice, it is not recommended for companies that are too small to use green cards. Usually, we will further evaluate the company's income, organizational structure, number of employees and business.

How much capital do you want to invest in American companies?

The average investment starts at $300,000. Because it needs enough funds to support the normal operating expenses of the company, especially in the initial stage, start-up expenses, rent, office equipment, employee salaries, etc. Without sufficient income support, if the company does not have enough funds, the precarious situation will affect the immigration application.

4. How long does it take to start a company and get a green card?

The whole process is divided into four parts, and the time of each part is about:

A. The establishment of the company: generally about one month;

B. Apply for a new L 1 visa: Generally speaking, it takes about 5 months for the Immigration Bureau to process the application, and you can choose to provide emergency services. Generally speaking, it can be completed within 15 working days. Once approved, the application will be transferred to overseas consulates for visas. The first L 1 visa of the new company is valid for one year.

5. When applying for a green card, what regulations do American companies have on the number of employees and performance?

In fact, there is no hard and fast rule in law, but in order to get a green card smoothly, I suggest:

A. If the American company has been operating for more than one year, it is necessary to provide the proof of the company's operation, such as sales contract, tax return, bank statement, employee salary insurance, etc. Comprehensive judgment. There are also cases where American companies only do business with their parent companies. All sales contracts, invoices, etc. Between the parent company, but it was finally approved.

B. Applicants need to hold senior management positions in American companies. This part is closely related to employees. If there are only 3-4 employees, including the front desk, cashier, etc. And the applicant has arranged sales and business, how can you prove that you are in charge? So for this small company with less than 10 executives, it is not easy to get recognition. It is recommended that at least 10 employees follow the previously written business plan step by step. Therefore, business planning is also very important.

2. Popular patterns of American immigrants

EB 1-C is a very popular immigration method of the American government. The policy orientation can be seen only from the fact that the annual quota of EB 1 immigrants is as high as 40,000. Since 1992, this quota has not been completed in one year.

EB 1-A and EB 1-B are outstanding talents (Nobel Prize winners, artists, athletes who have won medals in international competitions, etc.). The difference between A and B is that EB 1-B needs an American employer, while EB 1-A does not need an employer to apply directly. These two types of people are very scarce, so most of the 40 thousand places are actually given to EB1-C.

EB 1-C immigration allows multinational companies to send their senior managers outside the United States to branches in the United States to continue their senior management work. American companies need to establish recognized transnational cooperative relations with foreign companies outside the United States. If your parent company in China or enterprises in any country outside the United States have established or will establish multinational enterprise relations with enterprises in the United States, you can apply for EB1-C.

Application conditions for administrative immigration in the United States L 1 EB 1C:

The Chinese enterprise has been established for more than three years, and the applicant has held a senior management position in the Chinese enterprise for more than 1 year (the US Immigration Service quickly accepts the status of legal person and shareholder).

The annual income of China enterprises is not less than 2.5 million yuan;

There are no less than 10 employees in China enterprises;

China enterprises have no bad credit records;

The US Immigration Bureau quickly accepts the overseas investment certificate of enterprises.

3.H- 1B Questions and Answers on the Electronic Registration Process of American Immigrants

Q: What should I do if the designated beneficiary has no last name? What did you enter?

A: If the payee has only one first name, you should enter a last name. The First Name and Middle Name fields will have check boxes indicating "Beneficiary has no first name" or "Beneficiary has no middle name". In these cases, these check boxes should be checked. Do not enter placeholders such as FNU, LNU, Unknown or Unknown.

Q: Is there an appeal procedure for registering invalid copies?

A: Registrations identified as duplicates will be invalid. Registrants who submit duplicate registrations will not be able to appeal against invalidation.

Q: If you register a captain's hat based on the expectation that the beneficiary will get a qualified advanced degree, and you have actually been selected as a captain's hat, but the beneficiary has not obtained his qualified advanced degree, is there any risk? Will the application of H- 1B, the beneficiary's upper limit, be rejected?

Answer: If the registration requirements submitted are considered according to the advanced degree exemption in INA2 14(g)(5)(C), since the beneficiary has obtained or will obtain a master's degree or above in the United States and chooses to register according to the advanced degree exemption, the beneficiary must be qualified for the advanced degree exemption when submitting the I- 129 application. If the beneficiary is selected according to the upper limit of advanced degree, and does not obtain a qualified master's degree or higher degree from an American higher education institution when submitting the application, the application will be rejected or rejected.

Q: How will USCIS solve the situation that potential employers who have chosen to register have filled in their addresses when registering, but moved before submitting the I- 129 application, so their registered addresses do not match the I- 129 form?

A: The application will not be rejected because the address of the applicant at the time of registration is different from the application form. However, in this case, the applicant should include in the application: (1) a statement explaining why the registered address is different from the address in the application, and including the applicant's federal employer identification number (Fein); (2) Documents proving the correct address (for example, good reputation certificate or other official documents). If USCIS is not sure that the applicant entity is the same as the expected applicant identified in the selected registration, it can reject or reject the application.

Q: If there is a typo when registering with I- 129, will the Immigration Bureau refuse to register?

A: Although compared with I- 129, we will not automatically reject typos when registering, the registrant/applicant has the responsibility to confirm that all the registration and application information are correct, and ensure that the H- 1B upper limit application is based on the valid registration submitted by the beneficiary specified in the application and is selected by USCIS.

Q: Where should applicants who choose to register submit the I- 129 form and supporting documents?

A: The applicant should submit the documents at the location indicated in the H- 1B selection notice, which may be different from the I- 129 form submitted to the jurisdiction. The website of the Immigration Bureau "Direct Application Address of Form I- 129, Application Form for Non-migrant Workers" will be updated to reflect that the applicant must file at the service center listed in his choice notice.

Q: What happens if the legal representative submits the registration, but then no longer represents the registrant?

A: Representatives and potential complainants should ensure that potential complainants can view the comments submitted on their behalf and any relevant updates. If potential applicants no longer want their lawyers to participate, they can terminate their relationship with the agent, and registrants can still view all the registration information in their own registrant accounts. However, please note that it is impossible to add new lawyers or representatives to the H- 1B registration prepared or submitted by previous lawyers.