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Because of changes in immigration laws in US, China and India, we decided to summarize options for both of these countries. We combine China and India citizens together, because citizens from both of this countries have similar problems when it comes to immigration visas. Please read further and contact us for more information.

EB Programs

Total Number of EB visas is 140,000 (Worldwide) per year. This number is divided by 5 EB visa categories. EB1, EB2 and EB3 gets 40,000 green cards each year. EB 4 and EB 5 programs get only 10,000 green cards.

There is alsoper cap country limiton top of annually allocated limit for each of the above 5 visa categories. Per Country Cap is 7%. Which means EB1, EB2, EB3 can distribute 2802 green cards to one country each year. EB5 program grants only 695 visas to one country.

Thus, China and India get 7% limit per visa each year. However, if the other countries do not fill their 7% limits (which often happens) reminder goes to the countries overreaching the limits such as China and India. 80% of EB5 visas last year were from Chinese investors!

EB 5  is still great option, however, it became problematic for Chinese and India nationals. There were too many applications filed from China and India for EB-5 visas though past years, which created almost decade (7-8 years) wait list before current EB-5’s will be processed.

Not only processing time is a problem but there is also possibility of the minimum investment threshold being increased, and the growing concerns about the program including a rise in the number of fraud cases.

On top of that, last year the US government enforced screening of funds for past 7 years of every investor who wants to invest in EB5 to make sure money does not come from illegal activity.

As a result, wealthy Chinese and India investors are looking for other options to get into US.

Cons:

  • Too much negative information in Chinese news about schemes in EB-5 investments
  • Lengthy and expensive process of getting the green card without guarantee of success
  • Necessity of working with the regional center

L1 VisaAlthough, L1 visa does not guarantee investors the green card, it allows visa holders to seek green cards through other visas while in the United States (especially through EB1 C discussed below). There are two typesof L1 visa:

L1 A – Managers or Executiveswho runs a specific area of a company, subdivision, department or the entire company and works for multinational company doing business in both the United States and abroad.

To qualify, the named employee must:

  1. Generally have been working for a qualifying organization abroad for one continuous year within the three years immediately preceding his or her admission to the United States; and
  2. Be seeking to enter the United States to render services in an executive or managerial capacityto a branch of the same employer or one of its qualifying organizations.
  3. Company must be registered in U.S. for one year or more.
  4. Company must have business dealings in the U.S. and another country

L1 B – Specialize knowledge transferee Transfer from a foreign company to a subsidiary, parent, or U.S. affiliate Company. Similar requirements as L1 A, + the employee must be coming to work at the United States company to utilize specialized knowledge.

Pros:

  • Time to get a visa is 6-8 months and for speedy processing (+$1225) 3-5months
  • You may get a visa for up to 7 years
  • You can apply for change of visa to EB-1C and get a green card through that process

Cons

  • L1 does not guarantee green card
  • Company needs to obtain blanket first to apply for L1 for the employee (adds time)
  • L1 B visa will require labor approval to change to EB1 (adds time)

EB-1 Extraordinary ability, outstanding professor, multinational executive or manager

Extraordinary ability (EB-1A)You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required.

Requirements of EB-1A are very difficult to satisfy! Last statistic are from 2008-2012 and there were only 135visas granted in these years to Chinese citizens (155 to India citizens). Processing time for Extraordinary ability visas (with statistic from September 2017) is 6-8 months. Acceptance rate was around 65%.

An outstanding professor or researcher (EB-1B) 

1)Person must demonstrate international recognition for your outstanding achievements in a particular academic field. 2) must have at least 3 years experience in teaching or research in that academic area; 3) must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education

EB 1B is very difficult to get, last statistic are from 2008-2012 and there was only 6visas of this category granted to Chinese citizens. Processing time for outstanding professor or researcher visas (with statistic from September 2017) is 6-8 months and acceptance rate was 90%

Multinational executive or manager (EB-1C)  

Requirements:1)Person must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation; 2)must be seeking to enter the United States to continue service to that firm or organization; 3)employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer.

EB1’s are the best option, because EB1’s are in first preference, which means they will be given first before every other green cards. However, requirements for EB1’s are very high and numbers given each year are very limited (only 46for Chinese last year), that is why Chinese investors are going for L1 visas first, and after a year or so, when they are able to satisfy all requirements of EB1’s they apply for green card. Because L1A and EB1C have similar requirements, this is the most common way to change visa to the green card. Processing time for multinational executive or manager visas is 12-16 months. Processing time when adding L1 total would be around 3 years, which technically is the fastest option now. Acceptance rate was about 65% last year.

EB 2 Advanced degree or its equivalent (in USA), or a foreign national who has exceptional ability.

Advanced Degree (EB 2A)

1)The job person applying for must require an advanced degree; 2) person must possess such a degree or its equivalent (plus 5 years progressive work experience in the field). Must present official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

Exceptional Ability (EB 2B)

You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

You must meet at least three of the criteria: 1)Official academic record showing that you have a degree, diploma, certificate, or similar award; 2)Letters documenting at least 10 years of full-time experience in your occupation; 3) A license to practice your profession or certification for your profession or occupation; 4)Evidence that you have a salary that demonstrates your exceptional ability; 5)Membership in a professional association(s); 6)Recognition for your achievements and significant contributions to your industry

EB 2 visa is also interesting option, but it is not usually the best fit for the investors, because they need a job offer and labor certification. Also, EB 2 is second preference category, which means green cards will be granted after all visas from EB1 bracket will be distributed, which adds extra time for processing. Advanced degree or exceptional ability visas statistics for Chinese were 111 approved applications. Processing time is 6 – 8 months plus time added from EB1 visas categories.

EB-3Skilled worker, professional, or other worker.

Skilled workers(EB 3A) Skilled workers are persons whose job requires a minimum of 2 years training or work experience, not of a temporary or seasonal nature

  • You must be able to demonstrate at least 2 years of job experience or training
  • You must be performing work for which qualified workers are not available in the United States
  • Labor certification and a permanent, full-time job offer required

Professionals(EB-3B)Professionals are persons whose job requires at least a U.S. baccalaureate degree. 1) person must be able to demonstrate that she has a U.S. baccalaureate degree or foreign degree equivalent; 2) and must be performing work for which qualified workers are not available in the United States.

This category requires labor certification and a permanent, full-time job offer, which adds extra time for processing.

Unskilled Workers/Other Workers (EB-3 C)

Person must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States. Labor certification and a permanent, full-time job offer required. While eligibility requirements for the third preference classification are less stringent, you should be aware that a long backlog exists for visas in the “other workers” category.

EB-3 category is the most common. There were around 1500 applications granted between 2008-2012 to Chinese individuals. This number has doubled by now. Processing time is 6-8 months but there is time added from EB-1 and EB-2 categories. And extra time added EB-3C categories. Realistic time would be around 3-4 years

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