Country Profile:

 

The United States, nestled in the heart of North America and neighboring Canada and Mexico, is among the world’s top destinations for immigrants.

 

 

Capital: Washington, D.C.

 

Population: 333,287,557(2022)

 

Ethic Group: 59.3%White, 18.9%Hispanic and Latino, 12.6%Black, 5.9%Asian

 

Area: 9,833,520 km² 

 

Offical Language: English

 

Currency: US Dollar

 

GDP per Captial: $80,035 (8th)

 

How To Immigrate To The United States:

 

The primary methods for foreign individuals to relocate to the United States typically encompass family-sponsored immigration, employment-based immigration, and investment-based immigration. Moreover, nationals from countries with E1, E2, and E3 treaties with the United States have the privilege to live in the country for an extended period to conduct business activities, as per the treaty provisions.

 

Immigration System:

 

When discussing the U.S. immigration framework, the pivotal Immigration and Nationality Act (INA) from 1965 cannot be overlooked. It serves as the cornerstone of the entire modern U.S. immigration framework.

 

Over the past half-century, successive U.S. administrations have made various reforms to the immigration system, some significantly and others modestly. However, most of these have been adjustments to specific provisions, without ever touching the core principles established by the INA: supporting family reunification, emphasizing the importance of skilled immigrants to the U.S. economy, accommodating refugees, and promoting diversity in immigration.

 

Supporting family reunification means allocating a large number of family reunification IR and F category visa quotas each year to support the overseas relatives of citizens and permanent residents to live in the United States.

 

Emphasizing the importance of skilled immigrants means consistently pursuing an open policy, attracting global talents of all levels to the U.S. to fill vacancies in jobs that are in short supply or highly specialized. Based on this principle, the evaluation process for most U.S. work visas prioritizes an applicant’s work experience, job competency, and whether the job position aligns with national interests. In contrast, factors like language proficiency and social integration, which other countries might emphasize, are given less weight.

 

Accommodating refugees is typically manifested by the President’s annual consultations with Congress, providing a certain quota of refugees and illegal workers with national treatment. It also involves periodic tolerance towards smuggling and asylum.

 

Promoting diversity in immigration refers to the U.S. government’s emphasis on adjusting the diversity of the source countries of immigrants when accepting them, which manifests in two forms:

 

1. The United States has a Diversity Visa Program, which issues about 55,000 quota green cards each year to people from countries with relatively few immigrants to the U.S., like Nepal and Sierra Leone. Once selected, individuals from these countries can directly obtain a U.S. green card after going through certain procedures.

 

2. For each type of immigration visa and each project, the INA mandates that the number of single visa applicants born in any one country should not exceed 7% of the total quota for that type of visa.

 

For example, for EB class work immigration visas, the quota of green cards usually issued by the U.S. Immigration Service each year is 40,040 each for EB1, EB2, EB3, and 9,940 each for EB4 and EB5. In a single calendar year, the number of applicants (including main and supplementary applicants) from a particular country for a specific visa cannot exceed 7% of this quota, that is, about 3,000 or 700 green cards.

 

However, for countries like China, India, the Philippines, and Mexico, the number of immigration applicants for each visa category each year is in the tens of thousands, far exceeding the quota.

 

In such cases, applicants from these countries can only queue in the immigration system and wait according to the priority date ( family immigration is the date when USCIS receives the I130 application form, work immigration is the date when the labor bureau receives the labor certificate application or USCIS receives the I140 application form) in the system. This waiting period can sometimes last for years or even decades, which introduces a critical concept in U.S. immigration: the Visa Bulletin.

 

The following chart is the work immigration schedule (Table A) published by the United States in July 2023. As you can see, for most types of work immigration, applicants from mainland China, India, Mexico and the Philippines must wait for a long time. The longest waiting time is for EB3 other worker category. Applicants born in India only have to wait for those who submitted applications before January 1, 2009.

 

 

Additionally, it’s worth mentioning that the U.S. applies the country of chargeability principle, meaning if you’re French but were born in China, you have to wait in the queue for Chinese applicants.

 

With these principles in mind, we can discuss the five most common legal ways for foreigners to immigrate to the U.S.:

 

1. Family reunification via IR or F category visas (Family-Sponsored Immigration) to reunite with relatives in the U.S.

 

2. Employment-based immigration to the U.S. through EB1, EB2, EB3, and other EB category work visas (Employment-Based Immigration).

 

3. Investment immigration to the U.S., primarily through two ways: senior executives of companies transitioning from L1 to EB1C, and investment immigration through EB5 with an investment of over 800,000 dollars.

 

4. Studying in the U.S., applying for a work visa OPT after graduation, finding a U.S. employer for sponsorship, then getting a work visa through H1B lottery, and obtaining legal status through EB category during the validity period of the work visa. This way, in essence, is a form of work immigration, and the most challenging part is the H1B lottery.

 

5. Obtaining U.S. E1, E2, E3 treaty country status, complying with certain investment conditions under the E category treaty, and immigrating to the U.S. This is another form of indirect investment immigration. Countries with direct investment citizenship policies like Grenada, Turkey, Egypt and Jordan, theoretically all have the path of becoming a citizen first and then applying for an E2 visa to settle in the U.S.

 

However, a new bill passed by the U.S. Congress in the fiscal year 2022 stipulates that E category visa applicants must have resided in the application country for over three years to qualify for visa application, which has significantly increased the difficulty of the indirect route to the U.S. through the E2 visa.

 

Next, we will discuss these five methods in detail, covering their application requirements, immigration procedures, necessary expenses, and more.

 

Family-Sponsored Immigration:

 

Under the provisions of the Immigration and Nationality Act (INA), immediate family members (spouses, parents, and children under 21) of mature U.S. citizens are eligible to acquire U.S. status unconditionally, unaffected by quota restrictions. This category of visa is classified under Immediate Relative Visas, often referred to as the IR category.

 

The practice of giving birth in the United States, which was once popular in some countries, relies on this path. The child directly obtains status, and after the child comes of age, they can take their parents abroad.

 

Other relatives of U.S. citizens, such as grown-up children, along with family members of green card holders, must apply for an F-category visa. Each year, approximately 226,000 F-category visa quotas are distributed by the immigration office. As stated earlier, 7% of this number equates to the annual quota designated for applicants originating from a single country.

 

The F-class visa includes the following types:

 

F1: Unmarried adult children of U.S. citizens, with a yearly quota of 23,400.

 

F2: Relatives of green card holders, which are divided into two types of visas, F2A and F2B. F2A refers to the spouses and underage children of green card holders; F2B refers to the unmarried adult children of green card holders. The total annual quota for F2-class visas is 114,200, of which at least 77% of the quota must be allocated to F2A.

 

F3: Married adult children of U.S. citizens, with a yearly quota of 23,400, plus any unused quotas from F1 and F2.

 

F4: Siblings of U.S. citizens. The yearly quota is 65,000, plus any unused quotas from F1, F2, and F3.

 

The following chart is the U.S. family immigration schedule announced in July 2023. As we can see, all F-class visa applicants born in China, India, Mexico and the Philippines have to wait, either for a short or a long period. The longest wait is Mexico applicants for the F3-class visa, which is now available for applicants who submitted their applications before January 15, 1998.

 

 

The application process for this type of visa is relatively simple:

 

1. Relative sponsorship: A U.S. citizen or permanent resident submits Form I-130 to sponsor a relative overseas. The form can be submitted in paper or electronic form. Without sponsorship from a relative in the United States, foreigners cannot apply for this type of visa on their own.

 

2. USCIS review: After USCIS approves it, the I-130 is transferred to the National Visa Center (NVC). The NVC establishes a case file in the system for the overseas applicant, sends a confirmation letter, and sets the green card schedule. Applicants need to pay the fee at this time and submit all required materials to the NVC. You can check the case status, receive and send messages, submit or supplement materials at the Consular Electronic Application Center (CEAC).

 

The main documents include two forms and some visa application proof documents: the applicant’s sponsor needs to submit Form I-864, pledging financial support for the applicant (and their dependents) and submitting related financial proof documents. The applicant needs to submit Form DS-260 online at CEAC, along with related materials (passport valid for more than 6 months; 2 passport-size photos; vaccination proof; relative relationship proof; no criminal record proof; if there is a previous marriage history, a divorce certificate or spouse’s death certificate; military service record). All these should be in English and notarized.

 

3. Interview with a visa officer: After the schedule is due, the NVC will send the applicant a letter with specific interview times and locations.

 

Before the interview, the main and secondary applicants need to complete a medical examination, gather all required materials, print the DS260 application form confirmation page, and complete all pre-interview instructions mentioned in the letter.

 

On the day of the interview, you can talk to the interviewer at the specified time and place.

 

4. Visa approval: After the visa officer gives a positive response, the embassy will mail the applicant a visa on the passport and an NVC file bag. By bringing the file bag to the U.S. within 6 months, you can obtain a permanent green card, completing the entire process.

 

U.S permanent residents who are over 18 years old, have received a green card and have lived in the U.S continuously for 5 years (3 years if married to a U.S citizen), lived in the U.S for at least 30 months in the 5 years prior to the application, single trips out of the country not exceeding 6 months, lived in their current state for at least 3 months prior to application, can understand spoken and written English, understand U.S history, and have good moral character, can apply for a U.S passport.

 

In the absence of visa bulletin or other influencing factors, the entire F-category visa process can be completed in just a few months.

 

Employment-Based Immigration:

 

Overview:

 

The Employment-Based (EB) immigration category, which provides 140,000 visas annually, is the primary pathway for immigration to the United States. This category can be classified into five primary subcategories:

 

EB1: You may be eligible for an employment-based, first-preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager. The well-known EB1A and EB1C fall under this classification, with approximately 40,040 visas allocated each year.

 

EB2: You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability. The well-recognized National Interest Waiver (NIW) belongs to this category, with an annual allocation of around 40,040 visas.

 

EB3: You may be eligible for this immigrant visa preference category if you are a skilled worker, professional, or other worker. This caters to skilled workers with a minimum of two years of work or training experience, or unskilled workers whose skills are in demand in the U.S. EB3 also receives about 40,040 visas each year, however, the number of visas for unskilled workers is capped at 10,000 annually.

 

EB4: This category, which is less commonly engaged with by immigrants, primarily includes religious workers, U.S. government and foreign diplomatic employees, among others. Approximately 9,940 visas are allocated for this category each year.

 

EB5: Once a highly popular route for U.S. immigration investment, it previously mandated a minimum investment of $500,000 but now requires over $800,000. This category also has around 9,940 visas allocated annually.

 

On March 15, 2022, the U.S. Congress approved the “EB5 Reform and Integrity Act“. It was decided that each year investors who fund in high-unemployment urban, or rural areas, or infrastructures in the U.S. would be granted additional visa exemptions of 1,000, 2,000, and 200. This has moderately increased the number of slots available for EB5.

 

Generally speaking, EB4 is a special category, which needs not to be mentioned much.

 

L1 to EB1C, and EB5 can be classified into investment immigration, we discuss it elsewhere;

 

EB1, EB2 and EB3 can be classified as work immigration, and the ability requirements for applicants decrease in turn:

 

EB1 visa applicants are the elites or business people among the global elites;

 

Those with more than 5 years of professional work experience and a university degree, or a master’s degree or higher, and have a US job offer or work in a US-related industry, can apply for EB2;

 

Professional people with a bachelor’s degree or equivalent education, skilled workers with two years or more of training or work experience, and other ordinary physical workers can apply for EB3 under the support of an employer offer.

 

The requirements for employment-based immigration vary, but the application process is roughly the same. Let’s first talk about the specific requirements for applicants for EB1, EB2, and EB3, and then discuss their entire application process.

 

EB1:

 

The EB1 category includes EB1-A for demonstrating extraordinary ability, EB1-B for outstanding professors and researchers, and EB1-C for multinational managers or executives.

 

EB1-A is the highest-level category, targeted at the best of the best in areas like sports, science, arts, among others. The majority of applicants for this visa are expected to meet at least 3 out of the following 10 criteria:

 

1. Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

 

2. Evidence of your membership in associations in the field which demand outstanding achievement of their members

 

3. Evidence of published material about you in professional or major trade publications or other major media

 

4. Evidence that you have been asked to judge the work of others, either individually or on a panel

 

5. Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

 

6. Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

 

7. Evidence that your work has been displayed at artistic exhibitions or showcases

 

8. Evidence of your performance of a leading or critical role in distinguished organizations

 

9. Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

 

10. Evidence of your commercial successes in the performing arts

 

EB1-B caters to academically talented individuals such as exceptional professors or professionals. Applicants must have at least three years of experience in teaching or research in an academic area, possess significant international reputation due to their academic research, have secured a job offer from a U.S. employer, and satisfy at least two out of the following six stringent criteria:

 

1. Evidence of receipt of major prizes or awards for outstanding achievement

 

2. Evidence of membership in associations that require their members to demonstrate outstanding achievement

 

3. Evidence of published material in professional publications written by others about the noncitizen’s work in the academic field

 

4. Evidence of participation, either on a panel or individually, as a judge of the work of others in the same or allied academic field

 

5. Evidence of original scientific or scholarly research contributions in the field

 

6. Evidence of authorship of scholarly books or articles (in scholarly journals with international circulation) in the field

 

EB1-C is specifically for high-ranking executives or managers of multinational corporations in the U.S. Transitioning from an L1A to an EB1C is a popular method for many managers from oversea companies to relocate to the U.S. The requirements include:

 

1. The sponsoring multinational corporation must have been in operation for at least a year.

 

2. The applicant must have been employed by the sponsoring multinational corporation for at least one year within the past three years.

 

Moreover, it is typically expected (although not stipulated by the immigration department) that applicants from multinational corporations meeting the following conditions have a smooth visa application process:

 

1. A turnover of over $700,000 in the past three years.

 

2. More than 20 employees in the company.

 

3. Provision of substantial business tax documentation.

 

4. Possession of a permanent office space.

 

While EB1-A applications do not need employer backing or a job offer, EB1-B and C applications do require support from an employer and a permanent job pledge.

 

Required documents for the EB1 visa generally consist of a passport valid for more than six months, a U.S. employer’s employment agreement, labor certification, visa application form, proof of medical examination and vaccination, two U.S. visa photos, evidence meeting EB1 standards, and a certificate of no criminal record.

 

EB2:

 

The EB2 category (Employment Second Preference Professionals Holding Advanced Degrees and Persons of Exceptional Ability visas) has somewhat lower requirements for applicants than EB1. It can also be divided into three categories:

 

1. EB2-A (Advanced Degree Holder): Professionals with advanced degrees.

 

2. EB2-B (People with Exceptional Abilities): Individuals with exceptional abilities in sciences, arts, or business.

 

3. NIW (National Interest Waiver): Individuals whose work is in the national interest.

 

EB2-A applicants must meet the following criteria:

 

1. Possess a master’s degree or above, or a bachelor’s degree along with over five years of work experience in the respective field.

 

2. There must be a corresponding company in the U.S. willing to hire the applicant and apply for a PERM labor permit (the PERM process requires U.S. employers to advertise and attempt to hire a qualified U.S. employee before permanently hiring a foreign employee. If no qualified U.S. employee is found, the employer can submit an I140 application for the foreign employee). Only after the labor department approves the PERM can an immigration application be submitted.

 

EB2-B applicants, in addition to the employer labor certificate application, must also meet three of the following six criteria:

 

1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

 

2. Letters from current or former employers 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 commanded a salary or other remuneration for services that demonstrates your exceptional ability

 

5. Membership in a professional association(s)

 

6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations。

 

NIW applicants have similar personal requirements to the other EB2 options, but the field they are in must be in the national interest, i.e., one of the following seven areas:

 

1. Promoting economic development in the U.S.

 

2. Improving wage levels and working conditions for U.S. workers.

 

3. Providing educational and training programs for U.S. children and temporarily unqualified workers.

 

4. Improving healthcare and health conditions.

 

5. Improving housing conditions for adolescents, the elderly, or impoverished residents.

 

6. Improving the environment and making reasonable use of natural resources.

 

7. Completing a specific task for a U.S. government department or institution.

 

EB2A and B applications both require the support of an employer’s labor certificate, while NIW applicants do not need employer support.

 

The necessary documents are roughly as follows: a passport with a validity of more than six months upon arrival in the U.S., an employment contract from a U.S. employer, a labor certificate, an I140 form, a DS-261 confirmation page, proof of medical examination and vaccination status, two standard U.S. visa photos, academic achievements and qualifications, a resume, reference letters from former employers (if any), NIW applicants need to provide proof that their work meets the NIW standards, criminal record or certificate of no criminal record, and any other documents the embassy may request.

 

EB3:

 

The EB3 visa is targeted at the general population, and it is classified into three groups: professional workers, skilled workers, and EW3 or unskilled workers.

 

“Skilled workers” are persons whose jobs require a minimum of 2 years training or experience, not of a temporary or seasonal nature. The skilled worker must meet the educational, training, or experience requirements of the job opportunity. Relevant post-secondary education may be considered as training.

 

“Professionals” are persons whose job requires at least a U.S. baccalaureate or foreign equivalent degree and are a member of the professions.

 

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

 

Compared to the EB1 and EB2, which have relatively high personal quality requirements for applicants, the EB3, particularly the EW3, virtually has no demands. There have been successful instances of ordinary middle school teachers and unemployed landlords from home going to the US to engage in manual labor through the EB3.

 

For people from mainland China, India, Mexico and the Philippines, the difficulty of the EB3 lies in two aspects: first, the large number of applicants from the same country leading to a long wait time, and second, finding an employer willing to apply for a labor certification and keep the full-time job commitment during the long waiting period.

 

Let’s take the EB3 as an example to look at the process of applying for a labor certification for an EB-category visa:

 

Firstly, a U.S. company needs to submit a request to the Department of Labor to hire from overseas and provide a prospective permanent job offer.

 

This employer must apply for a PERM labor shortage certification from the Department of Labor, proving that they have made considerable efforts to hire U.S. workers but have failed to find any minimally qualified U.S. workers who are willing to take or capable of doing the job.

 

The preparation period for PERM generally lasts about six months. During this phase, the employer must advertise the position in specified media and leave a 30-day quiet period to wait for a suitable U.S. employee to appear.

 

After submission, the employer might be subject to a random check by the Department of Labor. If audited, the employer needs to submit relevant documents from the recruitment process to prove they indeed sought U.S. employees. If an audit occurs, the PERM application period may extend from six months to approximately a year.

 

Once PERM is approved, it has a validity period of 180 days. Generally, the employer will submit the I-140 application for the applicant within this period. The date of submitting PERM is the priority date often mentioned; when the priority date becomes current, the applicant can apply for the immigrant visa through consular processing, thereby completing the process to move to the U.S.

 

The required documents for the EB3 visa usually include: a passport valid for at least six months from the date of arrival in the U.S.; the U.S. employer’s employment documents; labor certification; DS-261 confirmation page; medical examination and vaccination certificates; two U.S. visa-sized photos; applicant’s resume; academic background and achievements (if any); and criminal record or non-criminal record certificate.

 

Application Process:

 

The procedure for EB-category work immigration is uniform overall, which can be segmented into these six phases: U.S employer applying for a labor certification (EB1A, and EB2’s NIW do not require employer support and permanent job commitment, so applicants can skip the labor certification stage and submit the I140 form themselves) → Upon labor certification approval, the I140 form is submitted to USCIS → After I140 approval, wait for priority date → Once priority date is reached, schedule an interview with the consulate → Visa officer approval, arrive in the U.S and receive a green card → Submit the I485 form to apply for permanent residency.

 

The specific application steps are as follows:

 

1. Acquiring a labor certification: For visas sponsored by U.S employers, the initial step requires the employer to file for a labor certification from the U.S Department of Labor. The employer is obligated to demonstrate their inability to find suitable local U.S candidates for the related position, and the prospect of foreign workers receiving higher wages, etc.

 

2. I-140 Form: Alongside securing the labor certification, the U.S employer must deliver an immigrant petition for foreign employees, known as the I140 form, to USCIS. The form should disclose the employer’s fiscal health, auditing status, tax affairs, and the personal profile of overseas employees, etc. After the I140 is approved, it gets forwarded from USCIS to the National Visa Center (NVC). Subsequently, a case reference and ID digits are issued, the applicant’s role is to wait for the arrival of the priority date.

 

3. Filling out the EB application form: Upon arrival of the priority date, the applicant downloads and completes the DS-260 (or 261, depending on the visa category) form, available online, as a visa application form. Once medical check-ups are finished, vaccine proofs and other essential documents prepared, applicants can get ready for the U.S embassy interview.

 

4. Participating in an interview: The visa officer finalizes the decision on the applicant’s EB visa after conducting the interview.

 

5. Receiving visa: After successful approval, the applicant is given an NVC package (to be kept unopened) and a U.S visa stamped on the passport. The primary and secondary applicants carry the package to the U.S. Upon surrendering it to the immigration officer, they can get an EB category provisional green card.

 

6. Securing green card: After residing and working in the U.S, the applicant submits the I-485 application to the immigration office, subsequently earning a U.S permanent green card within several weeks.

 

U.S permanent residents who are over 18 years old, have received a green card and have lived in the U.S continuously for 5 years (3 years if married to a U.S citizen), lived in the U.S for at least 30 months in the 5 years prior to the application, single trips out of the country not exceeding 6 months, lived in their current state for at least 3 months prior to application, can understand spoken and written English, understand U.S history, and have good moral character, can apply for a U.S passport.

 

Investment Immigration:

 

EB5:

 

The EB5 immigrant investor program can be understood as the U.S. version of the Golden Visa (investment in exchange for a residence green card). The economic requirement for visa applicants is to inject at least $1.05 million into a U.S. business entity that meets USCIS’s requirements. If the investment is made in the government-designated remote or high-unemployment areas (TEA-Targeted Employment Areas), the funding requirement can be reduced to $800,000.

 

Every investment is obligated to generate more than 10 job opportunities.

 

Other requirements for applicants include: being at least 21 years old, having a legal source of funds, and being able to provide tax forms from the past five years. The enterprise invested in by EB5 must be a profit-oriented company established after 1990, and the investment must be in a risky area rather than risk-free arbitrage.

 

Before 2022, the U.S. Immigration Bureau issued no more than 10,000 EB5 green cards each fiscal year. Distributed to individual country investors, according to the 7% principle, that is no more than 700 cards, which includes all main and auxiliary applicants.

 

A good news is that, on March 15, 2022, the U.S. Congress approved the “EB5 Reform and Integrity Act“. It was decided that each year investors who fund in high-unemployment urban, or rural areas, or infrastructures in the U.S. would be granted additional visa exemptions of 1,000, 2,000, and 200. This has moderately increased the number of slots available for EB5.

 

Documents generally required for the EB5 visa include: proof of investment; proof of the legality of the source of funds; proof that the investment will create jobs and will employ more than 10 employees within 2 years; USCIS proof of fund supervision; proof that the invested company or industry was established after 1990 (or was established before 1990 but has been restructured) and is profit-oriented; proof that the investor will manage or supervise the company; proof of no criminal record or criminal record proof for the past 15 years; passport valid for more than 6 months; passport-sized photos; birth certificate; proof of familial relationship with auxiliary applicants; physical examination certificate.

 

The general procedure for the EB5 visa is as follows:

 

1. I526 Form: The investor submits an I-526 investment application letter to USCIS

 

2. National Visa Center: USCIS reviews and confirms the application letter, which is forwarded to the National Visa Center (NVC). The NVC contacts the applicant, requests submission of relevant materials, payment of application fees, and waits for the schedule.

 

3. Interview: When the schedule arrives, the NVC notifies the applicant of when and where to bring the documents to the U.S. Embassy for a face-to-face visa.

 

4. Permanent Resident: After a successful face-to-face interview, the main and auxiliary applicants receive a two-year conditional green card. If they maintain their investment, create and maintain more than 10 jobs, and do not leave the country for more than one year within the 2 years, they can apply to remove the conditions and obtain a 10-year permanent green card.

 

Excluding visa bulletin considerations, the average review process for the EB5 visa takes about 13 months. The processing fee for EB5 generally amounts to $3675, but there can be additional costs ranging from $40,000 to $100,000.

 

L1 To EB1-C:

 

Another method of immigrating to the U.S. via investment is the L1 to EB1C transition. The L1 visa is granted to executives or technical staff of multinational companies being transferred to work in the U.S. This is a non-immigrant visa with a one-year validity that can be renewed indefinitely.

 

On the other hand, EB1C is a conditional green card provided to senior executives or managers of multinational companies in the U.S. The L1A to EB1C path is currently a popular method among domestic management for moving to the U.S. The requirements for applicants are as follows:

 

1. The sponsoring multinational company must have been operational for at least one year.

 

2. The applicant must have worked for the sponsoring multinational company for at least one year in the past three years.

 

In actual operation (not a requirement stipulated by the immigration bureau), applicants from multinational companies meeting the following conditions can generally smoothly apply for the visa:

 

1. More than $700,000 in turnover in the past three years.

 

2. More than 20 employees.

 

3. Have substantial and corroborated business tax documents.

 

4. Have a fixed office.

 

The L1 visa doesn’t impose a visa bulletin, investment amount, or minimum requirements for employing staff, and it values the applicant’s reasonable and credible business plan. Generally speaking, first applying for an L1 visa to go to the U.S., then operating a company in the U.S., preparing actual operating materials, and applying for an EB1C green card is a quick and feasible channel for EB1C application.

 

If the process goes without hitches, obtaining an L1 visa takes around 2 to 4 months. Documents required include the overseas company’s bylaws, business license, financial statements, tax returns for the past three years, organizational structure of the parent and subsidiary companies, business transaction documents (contracts, bills of lading, letters of credit), photos of physical business premises (office buildings, warehouses), company promotional materials (brochures, product catalogues), company letterheads with logo, name and address, wage records for the past three years (especially those of the applicant), a resolution to establish a U.S. subsidiary, certificate of foreign investment (if necessary to establish a new company), documents for U.S. company incorporation, tax identification number, promotional materials, financial statements, tax forms, organizational charts, business plans, recruitment plans, bank statements; passport of the L1 applicant, educational certificates, resumes of the primary and secondary applicants, description of their department, employee roster, job descriptions, tax records for the past three years of the primary applicant, a document evidencing at least one year’s senior management work in the parent company within the past three years, and an official letter from the company for the primary applicant, among others.

 

For more information on the requirements and processes for the EB1C, please refer to the EB section of our US. employment-based immigration guidelines.

 

Graduation Work Visa:

 

International students in the U.S. generally follow a specific route to secure U.S. residency. This usually begins with applying for the Optional Practical Training (OPT) after graduation. OPT, which has a validity of 1-3 years and is quite challenging to extend, enables students to work in their specialized fields of study. After obtaining OPT, students must find a job in the U.S. and apply for an H1B work visa. This visa can then lead to an EB2 or EB3 green card.

 

OPT is a work permit that F1 international students can apply for after graduation, allowing them to work in their respective fields of study. Generally, the visa is valid for one year (up to 36 months for STEM majors). . If all the application materials are in order and submitted within the validity period, an OPT application generally gets approved.

 

The tricky part comes next: the H1B visa, which serves as a transitional stage between OPT and the green card. Graduates need to secure employment in the U.S., garner employer support, and enter the H1B lottery to obtain the visa.

 

The U.S. Immigration Services allocates 20,000 slots for master’s degree applications and 65,000 regular slots for H1B annually (of which 6,800 are allotted for H1B1, specifically for students from Chile and Singapore). As of 2024, H1B applicants may exceed 700,000, meaning around 700,000 individuals are vying for 80,000 visas, with a success rate of about 12%.

 

Once the H1B is won, visa holders can legally work in the U.S. for 3+3 years. During this time, the employer can assist the visa holder in applying for an EB category work visa. Because they are already employed in the U.S., the approval rate for this type of work visa is incredibly high, usually exceeding 97%.

 

The entire process of transitioning from an H1B to a green card follows the application procedure for EB category visas. The only difference is that the applicants are already working in the U.S.:

 

1. The employer files for a PERM labor certification.

 

2. The PERM gets approved by the U.S. Department of Labor. Subsequently, the I-140 application form is submitted to the Immigration Services within the PERM’s 180-day validity period.

 

3. After the I-140 is approved, the applicant is placed on the green card waiting list (Table B).

 

4. As their turn comes up on the waiting list, they submit the I-485 application form.

 

5. Once the I-485 is approved, they receive their green card.

 

E-2 Treaty:

 

The United States provides E category visas to individuals from countries with which it has trade treaties. This visa lasts two years and can be renewed indefinitely, effectively providing non-U.S. citizens a roundabout way to live legally in the U.S.

 

There are three types of E visas: E1, E2, and E3. The E1 visa is intended only for international traders, and the E3 visa is for Australian citizens exclusively. The E2 investor visa has a broader scope of applicability.

 

The E2 scheme, in simple terms, involves becoming a citizen of a U.S. treaty trading country and then applying to invest in the U.S. and engage in commercial activities, thereby living in the U.S. in practice.

 

The E2 scheme does not have a specific investment amount requirement, but it generally necessitates an investment of more than $150,000. Furthermore, the applicant needs to control over 50% of the invested enterprise.

 

For those who are not from E treaty countries, the first step of the scheme is to obtain citizenship in an E2 treaty country.

 

 

The chart above shows the list of E class treaty countries in the U.S., Four countries, Turkey, Egypt, Jordan, and Grenada, offer the quickest path to citizenship through direct citizenship by investment programs.

 

Unfortunately, a new bill passed by the U.S. Congress for the fiscal years 2022-23 stipulates that E visa applicants must reside in the applying country for over three years to be eligible for visa application, which substantially increases the difficulty of the E2 indirect route to the U.S.

 

The second step is the preparatory work for visa application: fill out the DS-160 application form, provide personal information and the purpose of going to the U.S., and pay an approval fee of $205.

 

The third step is to prepare the necessary documents and have an interview with the consular officer at the embassy at the appointed time. This is the most crucial step, where the applicant needs to prove their purpose of going to the U.S. and provide evidence that they will return to their home country when the visa expires, with no intention of long-term residency in the U.S.

 

After a typical waiting period of 4 to 6 weeks, the U.S. embassy will make the final decision on whether to grant the visa. Once the visa is issued, the applicant can live in the U.S. and begin their investment.

 

The E2 visa is valid for two years. As long as the investment is maintained, visa holders can repeatedly renew their visa by submitting the I-539 form to the Immigration Services when it expires. Visa holders can also apply for permanent U.S. residence once they meet the green card requirements.

 

The necessary documents include: DS-160 application form; valid passport; two standard U.S. visa photos; proof of visa fee payment; DS-156E Treaty Trader Investor application form; evidence of intent to return home upon visa expiration; proof of business investment and intention in the U.S.; proof of genuine investment (proof of financial strength, business plan, company qualifications, etc.).

 

Naturalization:

 

Generally speaking, when applying for U.S. immigration, the principal applicant’s spouse and children under 21 years old can be included as dependents to receive the visa being applied for.

 

Green card holders should not stay outside of the United States for more than 180 days. If they commit a crime, there is a possibility that their green card could be revoked and they may be expelled from the country.

 

For permanent residents over the age of 18, after living continuously in the U.S. for five years with a green card (or three years in a few specific circumstances, such as cases of domestic violence or marriage to a U.S. citizen), they can apply for citizenship if they have no criminal record, pass tests on English language and American history and culture, and pay the necessary fees.

 

Passport Power:

 

The United States recognizes dual citizenship, and its passport is ranked 4th globally. Passport holders can freely travel (either visa-free or through visa on arrival) to a total of 184 countries and regions worldwide, including most parts of the Americas, Europe, and Oceania.

 

 

Useful Links:

 

USCIS EB5 Page：https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program

 

USCIS E2 Page：https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors

 

EB5 Investor Regional Center list：https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-regional-centers/approved-eb-5-immigrant-investor-regional-centers

 

Immigration Case Track：https://ceac.state.gov/IV/Login.aspx