The United States has consistently been the primary destination for investment immigration from our country. So, what are the ways for a family to immigrate to the U.S.? Currently, there are several common options for Chinese families to immigrate to the United States:
* Direct EB-5 Investment Immigration
* Regional Center EB-5 Investment Immigration
* EB-1C: Multinational Executives or Managers
Direct Investment Immigration:
Investors invest $500,000 or $1 million into a new commercial enterprise, creating 10 full-time job opportunities. There are two ways to pursue direct investment immigration: the investor manages and operates the business themselves, or the investor acts as a limited partner in a limited partnership without participating in daily operations and management. Statistics show that most direct investment immigrants prefer to maintain control over their capital and wish to participate in the operation and management of the enterprise.
Regional Center Investment Immigration:
Investors invest $500,000 or $1 million into a Regional Center pre-approved by the USCIS. The investor does not directly participate in the operation and management of the enterprise. The 10 required job opportunities can be 10 full-time employees or 10 indirect job opportunities (calculated via economic models). Currently, all EB-5 projects on the market are $500,000 investment projects located in Targeted Employment Areas (TEAs).
L-1A to EB-1C Multinational Executive Immigration:
Individuals who have held an executive position in a Chinese company for over one year and are transferred to a U.S. subsidiary, branch, or affiliate to continue in an executive role can apply for a Green Card via EB-1C, provided the U.S. company has been conducting business in the U.S. for at least one year. If the U.S. company is newly established or has been operating for less than a year, the applicant must first apply for a one-year L-1A visa and then apply for a Green Card after the U.S. company has been in operation for one year. The non-immigrant visa for EB-1C is the L-1A visa. Although the legal requirements for the L-1A visa and EB-1C are the same, EB-1C requires the U.S. company to have been in operation for at least one year. In practice, however, the USCIS review process for EB-1C cases is much stricter and more rigorous than for L-1A.
Compared to EB-5 investment immigration, EB-1C has the following disadvantages:
Uncertainty: To apply for a Green Card via EB-1C, the U.S. company must have strong performance and a sufficient number of employees. Although the law does not specify a required number of employees, the USCIS often denies EB-1C applications for small companies on the grounds of small scale or overly simple organizational structures. Therefore, the outcome of EB-1C applications for small companies is difficult to predict.
Strict USCIS Scrutiny: The USCIS reviews such cases very strictly, especially for smaller companies. Consequently, applicants often need to provide a large amount of documentation and evidence to prove the company's performance and development status, as well as the scope of the applicant's managerial authority. This process of providing documentation is very cumbersome and will also incur significant legal fees.
The denial rate for EB-1C by the USCIS is high. Although the USCIS does not publish approval rates for EB-1C, industry insiders reveal that the denial rate for EB-1C cases is far higher than that for EB-5 cases.
The investment required to apply for a Green Card via EB-1C often exceeds $500,000. This is not a cost-saving way to obtain a Green Card. On the contrary, the money spent through EB-1C is generally not less than $500,000, and it is also very time-consuming and energy-intensive.