How to choose three ways of American investment immigration?

Compared with immigrants from other countries, immigrants from China have a very special place, that is, one of the main purposes of immigrating to the United States is for children's education and future.

Parents in China are increasingly worried that the cramming education system, long study hours and fierce competition in the examination system will adversely affect their children. In addition, endless food safety problems and worsening pollution continue to urge China parents who have the ability to emigrate overseas.

In short, many parents in Chinese mainland want their children to receive western-style education, breathe fresh air and eat safe food in the United States. This means that the needs of children are often the key to determining how parents choose to immigrate.

This paper will introduce several cases according to the actual situation, hoping to provide some reference in the process of immigration planning.

Kangmei immigrants provide three common choices for China families to immigrate to the United States.

Generally speaking, families who are still in China have the following common immigration methods based on employment or investment:

● Direct investment immigration (Direct EB-5)

● Regional Center EB-5.

● EB- 1C: executives or managers of multinational companies.

1 direct investment immigrants

Investors invested 500,000 or 6,543.8+0,000 dollars in a new business enterprise, resulting in 654.38+00 full-time job opportunities.

Although direct investment immigrants also have direct ways (investors manage themselves) and indirect ways (investors are only limited partners of limited partnership companies and do not participate in daily management), most direct investment immigrants want to control their own funds and participate in the operation and management of enterprises, so most investors who choose direct immigration methods are self-managed enterprises.

2 regional center investment immigrants

Investors invest 500,000 or 6,543.8+0,000 dollars in the regional center approved in advance by the Immigration Bureau. Investors do not directly participate in the operation and management of the enterprise, and the 10 jobs generated can be 10 full-time employees or 10 indirect jobs (calculated by economic model). Generally speaking, all EB-5 projects on the market now are investment projects with a target employment area of 500,000 US dollars.

3L- 1A to EB- 1C senior management migration of multinational companies.

Companies in China have held senior management positions for more than one year, and subsidiaries, branches or affiliated companies sent to the United States continue to hold senior management positions. American companies can apply for a green card through EB- 1C as long as they have been operating in the United States for more than one year.

If an American company has just been established or has been doing business in the United States for less than one year, it can only apply for a one-year L- 1A visa, and then apply for a green card after the American company has been doing business for one year.

The non-immigrant visa for EB- 1C is L- 1A visa. Although the legal requirements of L- 1A visa and EB- 1C are the same, EB- 1C only requires American companies to open for more than one year. But in fact, the trial of EB- 1C case by Immigration Bureau is much stricter and harsher than that of L-1A.

Compared with EB-5 investment immigrants, EB- 1C has the following advantages:

● Applicants do not need to prove the legal source of investment funds.

The law does not stipulate the minimum investment.

● There is no need to wait for immigration quota at present.

● The obtained green card is a permanent green card.

● There is no need to hire a fixed number of employees.

Compared with EB-5 investment immigration /index.html, EB- 1C has the following disadvantages:

● Uncertainty: To apply for a green card through EB- 1C, American companies must have good performance and a sufficient number of employees. Although the law does not stipulate that there must be several employees, the immigration bureau often rejects the EB- 1C application of small companies because of their small scale and simple organizational structure. Therefore, it is difficult for small companies to predict the application results of EB-1C.

● Strict review by the Immigration Bureau: The Immigration Bureau is very strict in reviewing such cases, especially for smaller companies. Therefore, applicants often need to provide a lot of materials and evidence to prove the company's performance and development, as well as the applicant's authority as a manager. This process of providing materials is very complicated, and it also brings a lot of legal fees.

● The rejection rate of EB- 1C by the Immigration Bureau is very high: Although the Immigration Bureau has not announced the approval rate of EB- 1C, as far as the author knows, the rejection rate of EB- 1C cases by the Immigration Bureau is much higher than that of EB-5 cases.

● Contrary to everyone's understanding, the investment in applying for a green card through EB- 1C is often more than 500,000 US dollars. This is not a cheap way to get a green card. On the contrary, the money spent through EB- 1C is generally not less than 500 thousand dollars, and it takes a lot of time and energy. This is not a cheap and easy green card application method, but an expensive and tortuous green card application method.

Compared with EB-5 regional center project, EB- 1C has the following obvious differences in the control and management of enterprises by investors. In other words, the investors of EB-5 regional center are only limited partners of limited partnership companies. Although they have the right to make policies for enterprises, they do not participate in the daily management of enterprises, which is the main difference from EB-1C.

At this point, EB- 1C and EB-5 direct investment immigrants are similar, in which investors control their own funds and manage enterprises, although in some cases, EB-5 direct investment immigrants are a bit like the immigrants in EB-5 regional center, and investors do not directly participate in daily management.

The factors that determine the choice of China families to immigrate to the United States

Generally speaking, when making an immigration plan for a client, an immigration lawyer should spend an hour in the first meeting with the client to carefully understand the client's situation, and should ask about the client's situation from the following aspects to help the client design the most suitable immigration plan:

What is the purpose of immigration? Do you want to emigrate or just for the children? How many children are there at home? How old is the child? Is the child in China or the United States now? If the child is in China, when do you want the child to go to school in the United States?

● How much can parents pay for immigration?

Do parents want to do business in America? If so, do parents do business in America now? Do you want to do business in America if your parents don't immigrate?

If parents want to do business in the United States, can parents spend time living in the United States and at least spend part of their energy on the management of American companies?

Do parents want to play an active management role or an indirect role in American business?

How much do parents know about American culture, language and business operations? Can parents run their own businesses or simply rely on the help of friends?