An analysis of visas related to immigration to the United States after studying abroad

More and more China students choose to study in the United States. Many international students graduate from American universities every year. Do they go back to China for development? Or stay in America? This is a choice that many people face. And this is never a simple answer. Because of the advanced level of scientific research and education in the United States, students studying in the United States want to do something to display their talents after they have achieved something, so it involves the question of how to stay. The Global Entrepreneurship Monitor report provides a set of data:

In 20 14 years, the number of people involved in the establishment or operation of enterprises in the United States accounted for14% of the total population of the United States;

The proportion of people aged 25 to 34 in the United States who choose to start a business or run a new business reaches18%;

The proportion of self-employment of American college students reaches 20% ~ 30%;

More than 50% of American adults believe that now is a good time to start a business.

This may be why many foreign students began to consider choosing to stay in the United States to start a business, but they were forced by the identity problem. Below, I collected some information for the vast number of international students in the United States. Let's take a look at what types of visas are available for international students to start businesses in the United States. And their advantages and disadvantages?

You can set up a company during OPT, but you have to cross the H- 1B independent bridge.

OPT is optional practical training. Anyone who holds the American F- 1 student status for more than 9 months can start the 12-month internship period after graduation. And as long as you continue to upgrade your education, you will get 12 months of OPT time after graduation. For example, if Li Tongxue comes to the United States to study in a community college, he can get a junior college degree two years after graduating from the community college, so he can apply for the first OPT in 12 months. After OPT, I went back to school to study for a bachelor's degree, and got my degree two years later, which is another OPT. In addition, most students who study STEM in science and engineering can get OPT for up to 3 years after their master's degree.

During the OPT period, you must engage in work related to your major, including full-time and part-time contract workers, and even hourly contract workers. Of course, you can set up your own company or start your own business during OPT.

American company law does not discriminate against foreigners. During the bidding period, there is no social security number. The criteria for establishing a company are very broad, and there is no requirement for minimum capital contribution and office space. However, it should be noted that when opening an account in a bank, each bank will have its own set of rules for opening an account in a company. For example, Capital One Bank requires all promoters of the company to sign the application form of the bank in person.

Some students want to start their own companies while working for others. OPT is not limited to only one employer, so this is ok.

But be very careful not to abuse the intellectual property rights of the company. It's immoral not to take care of your own company during your part-time job.

Once the company is running normally, you need to consider the work visa after OPT.

Starting your own business, H- 1B is a sour fruit, making wedding clothes for others?

Why do you say that? Most students will think that the United States encourages entrepreneurship and has a bachelor's degree or above. Once they start a business, H- 1B is a natural choice.

In fact, before 20 10, this is correct. However, in 20 10, an investigation report of the U.S. congress listed all kinds of situations in which IT outsourcing companies abused the H- 1B visa, including setting up their own companies and applying for the H- 1B visa.

What does this mean? The US Immigration Bureau believes that if I am a shareholder of the company, it will definitely have an impact on the company's operation, and the H- 1B visa is for employees. If a person is both an employee and a shareholder, it will lead to the company and employees can not be independent.

According to the US Immigration Bureau, the only exception is that if the company sets up the board of directors to overhead shareholders' rights, it can realize the company's control over H- 1B employees, not the other way around.

However, in this way, the startup company has just started, and it is necessary to hand over the rights to the board of directors. This is not sour fruit. What is it?

L- 1A looks easy, but it's hard to do. You can apply for EB- 1C green card.

I have a company in China and a branch in the United States. Can I apply for an L- 1A visa? China Company acquired an American company overseas. Can international students apply for L- 1A?

L- 1A visa is a special visa provided by multinational companies to managers who come to work in the United States. Companies with global distribution, such as IBM or Microsoft, often transfer overseas employees to the United States as needed, that is, use L- 1 work visas.

It seems that as long as China company has a branch in the United States, it is eligible? In fact, L- 1A also requires the applicant to be a China company for at least one year in the three years before the application. For most students, it is not enough to come to the United States for further study without work experience after graduating from undergraduate or high school in China.

Of course, behind the L- 1A visa is the convenience of applying for a green card. For American companies that have been established for more than one year, you can apply for an EB- 1C green card for the president or manager with an L- 1A visa, and you can get a formal green card in about 1 year.

? Outstanding talents? EB- 1a and NIW

Lawyer Chen Fan, an expert in immigration assistance, said that for outstanding talents, we can find another way and choose those who apply less? Outstanding talents? EB- 1a and NIW (American National Interest Exemption) are two immigration methods. Immigration has higher requirements for both types of applicants. Simply put, applicants need to have special talents or expertise, reach the leading level in this field, and have won awards and published achievements.

You can ask an immigration lawyer for a free assessment first, and then start preparing materials after the assessment is passed. Apply for EB- 1A green card for outstanding talents. If there is no schedule, it can be passed in 15 days at the earliest. After NIW passes, you can get a green card in 3-4 years. In addition, holders of O 1 are more likely to apply for the EB- 1A green card for outstanding talents, which is much faster than holders of H- 1B who have to wait 3-4 years to apply for the EB-2/EB-3 green card.

EB-5 investment immigrant visa

Lawyer Chen Fan, an immigration expert, said that if international students are under 16 years old and want to study and work in the United States in the future, parents can consider EB-5 investment immigration. This is a long-term planning scheme. Although the queue time for EB-5 is very long at present, and it takes at least three and a half to five years from submitting materials and paying fees to obtaining a temporary green card, once the green card is obtained, the cost for children to attend secondary schools and universities in the United States is at least less than that for foreign students 1/3 to 1/2, and they can successfully find a job or start a business after graduation.

There are two ways for EB-5 to invest in immigrants: one is to choose a regional center project, invest 500 thousand dollars and get a green card; The other is direct investment, in which American projects or enterprises with an investment of 1 10,000 USD directly participate in the operation.

Can I get a green card to start a business in America?

Recently, Hillary Clinton announced a policy agenda related to science, education and employment in official website? Hillary Clinton? American initiatives in technology and innovation; Innovation? . One of them is very striking: more green cards will be issued to international students and overseas entrepreneurs. A startup company? Visa！

Specifically, this policy agenda determines those who study science, technology, engineering and mathematics (science, technology, engineering &; International students in Mathmatics (STEM for short) and other related fields can apply for a green card as long as they have obtained a master's or doctoral degree in the United States.

? Green card? It is another name for the American permanent resident card. Giving foreign students with cards the right to live and work legally in the United States is tantamount to successful immigration, but they do not have certain civil rights.

For entrepreneurs, Hillary's plan is also excellent good news: excellent overseas entrepreneurs will be able to apply for new ones? A startup company? Entrepreneurship visas make it easier for these entrepreneurs to set up offices, recruit employees and conduct business in the United States. Of course, this provision is also based on the creation of American jobs.