Elite Lawyers
Lawyers of Distinction
Avvo Rating 10.0
The State Bar of California
NYSBA Badge
Santa Clara County Bar Association
U.S Departament of Homeland Security
U.S Court of Appeals
United States Patent and Trademark
Association of American Trial Lawyers
Elite Lawyers Business James Cai 2017

The EB-6 Start-Up Visa was Frustrated, How Should Chinese Immigrants Choose?

This week , USCIS issued a notice, scheduled to come into force next week of EB-6 business visa bill will be postponed until 2018 Nian 3 Yue 14 effective date. Tianhua Lawyer has been paying close attention to the new policy of entrepreneurship. The Tianhua Public Issue released two articles at the end of August last year and mid- January this year : “The New Gospel of Entrepreneurs – US EB-6 Entrepreneurship Visa” and “US EB-6 entrepreneurial immigrant visa officially attacked! 》Detailed introduction to the meaning of the EB-6 entrepreneurial visa, application requirements, transfer of identity conditions and many other content.

According to Immigration 2016 Nian 8 Yue 25 released version, qualified entrepreneurs obtain legal duration of stay in the United States for two years, and if the company’s operations is good, can be extended for a further period of three years. The core requirements for this Parole are as follows:

  • Applicants occupy at least 15% of the shares of start-ups and actively participate in the operation of the company
  • The company was founded in the United States within the past three years, and
  • Proof of the potential of its business in employment creation and business development can be demonstrated by the following points:
  1. The company has received at least $345,000 from a qualified US investor who has a precedent for successful investment;
  2. Receive at least $100,000 in rewards or grants from federal, state, or local governments ; or
  3. The above two points satisfy one or two points, and any other reliable evidence that can prove that the startup can develop rapidly and create potential for employment.

After the new government of Trump came to power , the visa immigration policy has become increasingly tight , and this notice by the Immigration Bureau this week is not very surprising . The prospects of the EB-6 entrepreneurial visa are currently unpredictable and may not even rule out the possibility of being completely killed.

Then, what are the realistic choices for the Chinese who originally came to the United States to take the road of entrepreneurial immigration?

  1. H-1B visa, which is a short-term work visa in the US, valid for three years, can be renewed for three years after expiration, and can have legally worked in the US for six years or even longer with an H1-B visa (in the case of 140 forms approved) ), this is also the most common form of visa after graduation from many American students. However, H1-B visas require employer support and need to participate in the lottery. The current comprehensive rate is less than 50% . If you can find a professional counterpart to a US business as an employer, H1-B is an option that can be considered.
  2. EB-5 investment immigrant visa, EB-5 investment immigration has two ways, one is the regional center approach, through the investment of a specific regional center 500,000 US dollars to complete the investment; the other is the direct investment method, that is, the investor does not pass the region The center directly invests 500,000 yuan ( 1 million in non-specific areas ) in a specific area and operates the project by itself. After the investment project creates the corresponding job opportunities, EB-5 investors can get a temporary green card after about two to three years. If the investment project goes well, investors will wait for about two to three years to get a permanent green card. However, since investors have little control over regional center projects and the investment risk is relatively large, investors must choose a well-documented regional center project. The way of direct investment can be an option for entrepreneurs to immigrate to the United States. Entrepreneurs can create or acquire a company in the United States and create 10 jobs independently , so they can obtain green cards through direct investment. The advantage of this method is that the funds are controlled by themselves and the security is very high. Investors can manage themselves directly if they have the time and energy. Otherwise, they can hire managers to take care of them.
  3. L-1 visa, which is mainly designed to facilitate the transfer of employees within multinational companies. It is suitable for multinational company managers and specialists. It is especially suitable for domestic companies to set up branches in the United States to carry out US business. The L-1 visa is approved for a short period of time and can be approved within 15 days of the availability of the materials . The spouse of the L-1 holder can work legally in the United States, and the child can also attend a public school in the United States. If the L-1 holder’s branch office in the United States is healthy, one year later, the EB-1C outstanding manager can apply for a green card. Eligible applicantscan be approved as soon as possible from June to August. Since the investment funds involved in the L-1 visa are less than the EB-5 , and the funds are completely controlled by the investors themselves, the security of the funds is extremely high, and the approval speed is fast. The L-1 visa is very popular among entrepreneurial investors. 2015 year, more than 10,000 a L-1 applications, the vast majority of applicants from China.
  4. EB-1A visa. This is the so-called “ outstanding talent ” visa: mainly refers to those who have special talents in the five major fields of science, art, education, business, or sports, have achieved high achievement, and enjoy the reputation and achievements at the national or international level. Its achievements and contributions are outstanding professionals who are widely recognized in the field.The visa has about 40,000 places per year. After obtaining such a visa, the applicant does not need to apply for a labor certificate, and can apply for a green card directly, and there is almost no need to wait for a flight.
  5. O-1 visa. O-1 is a non-immigrant visa that applies to people with special skills in science, art (including television and film), education, business or sports. O-1 visa holders can work in the United States related to their field. Compared with EB-1A , the application conditions for O-1 are very similar, but the requirements are slightly lower. However, unlike EB-1A, which does not require employer support, O-1 must have employer support. Compared with H-1B , the biggest advantage of O-1 is that it has no quota limit and does not need to draw lots.

If you want to know which method is best for you, please contact us, we will tailor the way to the best entrepreneurial immigration!

Lawyer Cai Yuming, Director of Tianhua Law Firm, Ph.D., has served as an internal legal counsel for Yahoo!His legal expertise focuses on corporate law, commercial litigation, and business investment immigration. In China’s business, China’s state-owned and private companies set up multinational companies in the United States, employing executive executives , and the company’s perennial legal counsel. He has been successful on behalf of Yahoo (Yahoo!) , Intel child (Intel) , Nokia (Nokia) , Hisense (HiSense) , Wells Fargo (Wells Fargo Bank) , the US network news company (Webex), Yulon set group, Blue Chi Chong investment (Blue Run Venture), China Suzhou industrial Park (Suzhou industrial Park), San Jose, California ballet (ballet San Jose) and other famous enterprises, community groups , as well as numerous small and medium enterprises and individuals.

Wu Di, a graduate of Nanjing University, Peking University, and the University of Missouri, USA, received a Bachelor of Arts, a Master of Law, and a Master of Laws. Having worked for the Bank of America Securities Trust and a number of European and American multinational companies, Mr. Wu has extensive experience in corporate operations and business negotiations, focusing on providing full-service services for SMEs to invest in the US and personal immigration matters. . Mr. Wu holds a California lawyer’s license and a Chinese legal professional qualification.

  • WeChat public number: USAttorneys
  • Website: www.SACattorneys.com
  • Address: 1754 Technology Drive, Suite 122, San Jose, CA 95110
  • Lawyer Cai :
  • Cell ( mobile phone ): (408) 436-0789
  • WeChat: jingmingcai
  • Email: jcai@sacattorneys.com
  • Lawyer Wu :
  • Cell ( phone ): (209) 986-6102
  • WeChat: w oody899woody
  • Email: wwu@sacattorneys.com
Client Reviews
★★★★★
Mr. Cai Is a Diligent Attorney. My sister and I were defendants in a civil litigation case. We hired James Cai and his law firm, SAC Attorneys LLP. Mr. Cai is a diligent attorney and responded to our questions in a timely fashion. He and his staff were very helpful in keeping us informed of the proceedings of the case and in explaining each step. Mr. Cai is also very conscientious of fees and costs, and avoided unnecessary charges. The results of the Summary Adjudication sided with us. The Court Trial resulted in the “Final Statement of Decision” and “Judgment after Court Trial” overwhelmingly siding with us. Cynthia F.
★★★★★
I Am Truly Impressed. After spending a significant amount of time, money and efforts with my previous counsel at a larger law firm without getting meaningful results, I transferred my employment matter to SAC Attorneys LLP. The attorneys there were able to understand the complex situations of my case and put together an aggressive litigation strategy. We were able to file a compelling complaint within a week and forced the opposing party, which was represented by one of the largest law firms in California, to make a substantial settlement offer shortly thereafter. I am truly impressed by the no nonsense and results oriented approach by SAC Attorneys LLP attorneys. A job well done! X. Gao
★★★★★
They Took Time to Understand Our Technology. I am the founder of a bioinformatics start-up in the Silicon Valley and chose SAC Attorneys LLP as our corporate counsels. Their attorneys have great experience with high tech start-ups and were able to offer a highly competitive service plan while not sacrificing a bit of their quality of services. They took time to understand our technology and provided value added services by introducing investors and job candidates to us. We regard our attorneys at SAC Attorneys LLP not only as our legal advisors but also our venture partners. Dr. Pete S.