Archives March 2024

DIY Guide: How to Apply for a US Criminal Record Check

Obtaining a US criminal record check is crucial for immigration applications. Below is a detailed DIY guide that will walk you through the process step by step, helping you move closer to your immigration goals.

Steps:

  1. Visit the FBI Official Website:
  • Open your browser and go to the FBI’s official website: https://www.edo.cjis.gov/#/
  • Enter your email address in the designated field on the right side of the page.

2. Obtain a PIN Code:

  • Wait for the email containing your Personal Identification Number (PIN) to arrive.
  • Make a note of your PIN for use when filling out the application form.

3. Fill Out Personal Information:

  • Complete the required fields with accurate personal information on the FBI website.

4. Make Payment and Print Confirmation:

  • After completing the personal information, proceed to make the required payment of $18.
  • Once payment is made, you will receive a confirmation email. Be sure to print and keep it safe.

5. Download and Fill Out Fingerprint Collection Application Form:

  • Visit the following link to download the fingerprint application form and related instructions: https://www.edo.cjis.gov/artifacts/standard-fingerprint-form-fd-258-1.pdf
  • It is recommended to print multiple copies of the form for future use.

6. Collect Fingerprints:

  • Following the instructions on the application form, collect fingerprints from all fingers of both hands.
  • Ensure that the fingerprints are clear and legible, following the specified method of collection.

7. Mail Fingerprint Card and Confirmation:

  • Mail the completed fingerprint card to the designated FBI address:
    FBI CJIS Division – Summary Request
    1000 Custer Hollow Road
    Clarksburg, WV 26306
  • Once mailed, await confirmation from the FBI regarding receipt of your application. Typically, they will send an electronic version of the criminal record check within 3-5 working days, while the paper version may require some additional waiting time.

Additional Tip: For any inquiries regarding the application process, you can visit the FBI’s official website’s Criminal Record Checks page (https://www.fbi.gov/services/cjis/identity-history-summary-checks), where comprehensive application FAQs are available for reference.

A Guide to Working and Living in China as Business Expatriates-2024 Version

To facilitate foreign business expatriates working and living in China, the Ministry of Commerce of the People’s Republic of China, in collaboration with relevant departments, has compiled A Guide to Working and Living in China as Business Expatriates (2024 Edition) . It includes four parts, Notes, Daily Life Services, Services for Stay and Residence in China, and Relevant Services for Work in China, covering matters such as residence registration, SIM card, bank card, residence permit, work permit, social insurance, mobile payment, transportation, payment of individual income tax, and etc. We will update the Guidelines on an annual basis pursuant to changes in relevant policies and procedures.

Notes-

I. Residence registration needs to be completed after entry into China as soon as possible

(I) For foreigners staying in a hotel, residence registration can be handled by the hotel.

Foreigners can register residence by presenting a valid passport or other international travel documents at the hotel reception.

(II) Foreigners, who stay elsewhere, need to register residence at the local police station within 24 hours after arrival.

Foreigners can register your residence at the local police station by presenting a valid passport or other international travel documents, along with the rental contract or immovable property rights certificate.

II. Matters requiring special attention when foreigners work and live in China

(I) Validity period of visa.

Foreigners, who enter China with a visa and plan to work and live in China, need to apply for a residence permit within 30 days from the date of entry according to relevant requirements. If an extension of the duration of stay specified in the visa is required, the application should be submitted to the exit and entry administration authority of the public security organ of the local people’s government at or above the county level in the place of residence, at least 7 days before the expiration of the duration of stay specified in the visa, with the relevant materials relating to the purpose of the application.

(II) Validity period of residence permit.

Foreigners, who need to stay in China after the expiration of residence permits, shall apply for an extension 30 days before the expiration. Foreigners, who hold a valid residence permit and have changed passport or had other items on the residence permit changed, shall apply to the exit and entry administration authority of the public security organ for information change within 10 days from the date the changes occur.

(III) Validity period of work permit.

1.Foreigners working within China should obtain a work permit. Those who work in China for no more than 90 days shall apply for a Z visa from the Chinese embassy (consulate) with the Notification Letter for Foreigner’s Work Permit, and work in China within the time indicated on the visa. Those who work in China more than 90 days shall apply for a Z visa from the Chinese embassy (consulate) with the Notification Letter for Foreigner’s Work Permit, and apply to the administration department of foreigners working in China where the employer is located for a Foreigner’s Work Permit within 30 days from the date of entry, and work in China within the validity period of the work permit.

2.An application for extension shall be submitted to the administration department of foreigners working in China where the employer is located 30 days before the expiration of the Foreigner’s Work Permit.

3.In case of any change in personal information (name, passport number, and position), an application for change shall be submitted to the administration department of foreigners working in China where the employer is located within 10 working days from the date the changes occur.

(IV) Others.

1.Foreigners must abide by the laws and regulations of China when writing comments on social media in China.

2.Foreigners must comply with relevant regulations when keeping dogs, cats, and other pets.

3.Foreigners are not allowed to photograph military installations, including buildings, sites, and facilities directly used by China for military purposes.

III. How to get help in case of emergencies

In case of personal assault or property crimes, please call 110. NOT 911
In case of fire, please call 119.

In case of first aid, please call 120.

In case of passport loss, please report it to the local police station immediately.

Daily Life Services-
I. SIM card

(I) Foreigners can bring your passports or Foreign Permanent Resident ID Cards to the service offices of telecom operators such as China Telecom, China Mobile, China Unicom, and China Broadnet, to apply for a SIM card and activate mobile communication services in China.

(II) The mobile communication service plans usually include call time and data. Different operators will provide different service plans according to customers’ needs, and users can choose the appropriate one.

Note: The plans often offer a limited amount of data. You can disable internet access when not using internet services if the data offered is little. Or, you are suggested to consult the telecom operator for an appropriate data plan if you need to use a large amount of data.

II. Bank card

(I) Foreigners can bring your passports or Foreign Permanent Resident ID Cards, and mobile phone numbers in China to the business offices of commercial banks to apply for a bank card (please consult the customer manager of the business office for specific requirements).

(II) Foreigners shall fill in the account opening application form before applying for a bank card.

(III) After receiving the bank card, foreigners shall verify or modify the password on the ATM in time. It is recommended to download the mobile banking APP of the corresponding bank when applying for a bank card.

(IV) Foreigners shall keep the bank cards secure, to avoid loss or unauthorized use by others or criminals. In case of card loss, please report it to the corresponding bank in time.

III. Mobile payment

(I) Foreigners can download and install WeChat or Alipay APPs and follow the instructions to input foreign or Chinese mobile phone numbers for account registration.

(II) Foreigners can bind the APP with international bank cards with the Mastercard, Visa, JCB, Diners Club, and Discover logos or Chinese bank cards with the logo of UnionPay.

(III) Foreigners can scan the collection QR code or show the payment QR code when making payments.

Notes for binding international bank cards:

When binding an international bank card to Alipay or WeChat, it is necessary to obtain authorization from the foreign issuing bank. However, some issuing banks may reject the binding request due to their system’s inability to recognize the connection information. In such cases, it is advisable to contact the issuing bank’s customer service center or consider using a Chinese bank card instead.
When using Alipay or WeChat for QR code payments through the bound international bank card, users are not required to pay an additional servicefee if the transaction amount does not exceed RMB200; or, users need to pay a service fee at 3% of the transaction amount if the amount exceeds RMB200.
Alipay and WeChat have set transaction limits for bound international bank cards, with an annual limit of USD50,000 and a single transaction limit of USD5,000. It is recommended that users who have bound international bank cards to the APPs consider your specific use cases before using mobile payment.
(IV) Users of AlipayHK, Wechatpay HK (HKSAR), mPay (Macao SAR), Kakao Pay (Republic of Korea), Touch’n Go eWallet (Malaysia), HiPay (Mongolia), Changi Pay (Singapore), OCBC (Singapore), Naver Pay (Republic of Korea), Toss Pay (Republic of Korea), and TrueMoney (Thailand) can make QR code payments through these e-wallets in the Chinese mainland.

IV. Exchange of foreign currencies

(I) Overseas visitors to China can exchange foreign currencies for RMB cash in advance in relevant countries or regions before bringing it into China (each visitor is allowed to take up to RMB20,000 in cash in or out of the country).

(II) Overseas visitors to China can exchange foreign currencies for RMB cash at commercial bank branches, money changers, and self-service currency exchange machines at international airports, land ports, ports, and other entry ports, or withdraw RMB cash using international bank cards at ATMs.

V. Transportation

(I) Train.

■ Ticket purchase

Using identification documents. Foreign travelers can use the following valid identification documents when purchasing tickets or paying for the extended trip at the railway station’s ticket office and ticket agents, or on trains:
(1) Foreign Permanent Resident ID Card;

(2) Passport;

(3) Foreigner’s exit-entry permit;

(4) Seafarer’s Certificate;

(5) Receipt of acceptance of a visa application issued by the exit and entry administration authority of the public security organs of China;

(6) Passport loss report certificate;

(7) Temporary international travel document issued by embassies and consulates in China (with valid visas or stay certificates issued by the exit and entry administration authority of the public security organs of China attached).

Foreign travelers can use your Foreign Permanent Resident ID Cards and passports to purchase tickets through the 12306 website, 12306 APP, or booking hotline. Foreign travelers can also use your Foreign Permanent Resident ID Cards to purchase tickets at the self-service machines.

2.Identity verification. To ensure safe and orderly passenger transport, China’s railway operator implements real-name ticketing according to relevant regulations. Foreign travelers must complete identity verification before purchasing tickets.

(1) You can log in to the 12306 website or APP to fill in your name, nationality, ID number, and other information following the instructions. The system will automatically complete identity verification. Or, you can upload a photo of the passport information page for manual verification.

(2) You can also take valid passports to the ticket office at the railway station for identity verification.

3.Ticket purchase. After the identity verification, foreign travelers can purchase tickets.

(1) You can purchase tickets online through the 12306 website or APP and pay with Alipay, WeChat, or UnionPay bank cards.

(2) You can also purchase tickets at the ticket office at the railway station and pay in cash or by Alipay, WeChat, or UnionPay bank cards. Some railway stations also have self-service machines for ticket purchase.

■ Ticket change

Foreign travelers can change your tickets at the 12306 website and APP, or the ticket office at the railway station.

■ Ticket refund

Foreign travelers can cancel your tickets at the 12306 website and APP, or the ticket office at the railway station. Service fees may be incurred depending on the time of cancellation.

■ Railway station entry/exit and train boarding

Foreign travelers can enter and exit the railway station through automatic or manual ticket check gates with the original valid identification documents used when buying tickets, and cooperate to complete ticket verification on the way.

For details of relevant rules, please visit the 12306 website or APP, or call China Railway customer service hotline (12306) for consultation. 12306 website address: https:// www.12306.cn/en/index.html

(II) Airplane.

Foreign travelers can book tickets online on the airline’s official APP and WeChat mini program, or other ticketing platforms.

■ Ticket purchase

(1)You can buy tickets on the airline’s official APP and WeChat mini program and pay with Alipay, WeChat, or UnionPay bank cards.

(2)You can also buy tickets at the airport and pay in cash or by WeChat, Alipay, or bank cards following the regulations of the airline.

■ Ticket change and refund

Foreign travelers can change or refund your tickets through the ticketing platform or at the airport. Fees may be incurred, which is subject to the regulations of the airline.

(III) Metro.

A total of 55 cities in China have metro lines. Foreign travelers can apply for metro passes at the metro station or use the Alipay APP to take the metro.

Foreign travelers can buy single-journey tickets at the ticket office or self-service machines at the metro station. Frequent travelers can apply for metro passes at the ticket office with your passports. You can make payments in cash or by WeChat or Alipay.
Foreign travelers can open the Alipay APP on your mobile phones, click on “Transport”, and select “City”. After completing identity verification, you will obtain a QR code for the metro pass. You can enter and exit the metro station by having the QR code scanned.
(IV) Bus.

Foreign travelers can pay in cash or by bus cards or the Alipay APP to take the bus.

Foreign travelers can pay in cash (RMB) to take buses. Buses usually do not provide change, so travelers need to prepare small change in advance.
Foreign travelers can take your passports to the service outlets of the bus companies to buy bus cards. Payment for the cards can be made in cash or by WeChat or Alipay.
Foreign travelers need to open the Alipay APP, click on “Transport”, and select “City”. After completing identity verification, you will obtain a QR code for public travel. You need to have the QR code scanned when getting on and off the bus.
(V) Online ride-hailing services.

Foreign travelers can use Alipay or WeChat to book online ride-hailing services.

Foreign travelers can open the Alipay APP, click on “Transport”, select “Taxi”, and enter both the pickup location and the destination to book a ride-hailing service.
Foreign travelers can open the WeChat APP, click on “Me “, select “Services”, scroll down and click on “Mobility” or “Ride Hailing”, and enter both the pickup location and the destination to book a ride-hailing service.
Download Didi-Greater China APP, which supports foreigners to use foreign mobile phone numbers and international credit cards to register, and book online ride-hailing services once registered. Open Didi-Greater China APP, confirm the pickup location and the destination, select the preferred services(Express, Taxi, Premier, Luxe), and book a ride-hailing service.
(VI) Car leasing services.

Foreign travelers can rent cars at international airports and downtown service outlets. You can also use car leasing APPs or search for “mini programs for car leasing” on Alipay or WeChat. Once registered , you can make a reservation for car leasing.

Foreign travelers who are going to rent cars need to bring your passports or Foreign Permanent Resident ID Cards, valid Chinese driver’s licenses, and international or domestic credit cards.
Note: Foreign travelers renting a car for the first time need to have your identity document information verified at least one working day in advance.

Foreign travelers applying for Chinese driver’s licenses must take your passports, overseas driver’s licenses with a Chinese translation, recent one-inch half-length, bareheaded, full-faced color photos against white background, and other necessary documents to public security traffic management service halls to apply for Provisional Driving Permits for compact cars. Foreigners who enter China for a short-term stay can apply for Provisional Driving Permits with a validity period of 3 months. For those who intend to stay longer than 3 months, the validity period can be extended to a maximum of one year. The permits can be used whenever the holders reenter China during the validity period without the need for reapplication.
Note: China has signed agreements for mutual recognition and exchange of driver’s licenses with France, Serbia, Belgium, and the United Arab Emirates. This allows individuals holding driver’s licenses from the aforementioned countries to drive in China or obtain Chinese driver’s licenses without taking a test.

VI. Accommodation

Foreign travelers can make hotel reservations online through the Trip.com APP or via telephone or other means.

(I) Foreign travelers who are going to stay in hotels are required to present your passports, Foreign Permanent Residen ID Cards, and other valid identification documents for registration at the hotel reception.

(II) The available payment methods at the hotel include cash (RMB), bank card, Alipay, and WeChat. If foreign travelers wish to pay with bank cards, you need to inquire in advance if Mastercard, Visa, or other international bank cards are accepted. Some hotels accept such payment methods as Apple Pay and PayPal; foreign travelers need to inquire in advance before making a payment.

Services for Stay and Residence in China

VII. Visa extension

For foreigners entering China with a visa, if the original reason for entry has not yet been terminated or if for other legitimate reasons that require you to stay beyond the expiration date specified in the visa without the need to change the type of visa, you may apply for extending the visa. Documents required for visa extension are as follows:

(I) Valid passports or other international travel documents;

(II) A completed Foreigner Visa Application Form, and a 33×48mm bareheaded color ID photo taken recently against a white background (free on-site photography is available);

(III) Supporting documents concerning the reason for the visa extension application;

(IV) Supporting documents concerning other relevant procedures.

For the application documents required for visa extension, processing procedures and methods, fee basis and standards, etc, you can visit the official website of China’s National Immigration Administration and refer to the Guide on Visa Extension, Change and Reissuance for Foreigners under “Services”, the requirements for the photos for travel documents can be found in the Guidelines for Travel Documents Photographs in the “Services” section. Additionally, you can find the office address and contact information of local exit-entry reception halls in “Office Enquiries” under “Services”. You can also dial 12367 for further information.

VIII. Residence permit

Foreigners who, after entering China, need to reside within the territory of the country due to reasons other than diplomatic or official matters shall apply for a residence permit and its extension, change or re-issuance in person at the exit and entry administration authority of China’s public security organs to complete relevant formalities. For a foreigner who is a high-level talent or urgently-needed professional, or is under 16 years old or over 60 years old, or with disabilities due to illness or other reasons, the inviting entity/individual, families or relatives of the applicant or a specialized service agency may file the application on behalf of the applicant. Documents required for residence permit application are as follows:

(I) Valid passports or other international travel documents;

(II) A completed Foreigner Visa Application Form, and a 33×48mm bareheaded color ID photo taken recently against a white background (free on-site photography is available);

(III) Supporting documents concerning the reason for the residence permit application;

(IV) Supporting documents concerning other relevant procedures.

For the application materials and requirements, the basic process and method of handling, the time limit and other specific details about residence permit application, foreigners can visit the official website of China’s National Immigration Administration and refer to the Service Guide on Issuance of Residence Permit for Foreigners under “Services”, the requirements for the photos for travel documents can be found in the Guidelines for Travel Documents Photographs in the “Services” section. Additionally, you can find the office address and contact information of local exit-entry reception halls in “Office Enquiries” under “Services”. You can also dial 12367 for further information.

Website address of the National Immigration Administration: https://www.nia.gov.cn

Relevant Services for Work in China –

IX. Work permit

Documents required for foreigners to apply for work permit are as follows:

(I) A completed Application Form for Foreigner’s Work Permit;

(II) Supporting documents concerning work qualifications;

(III) Certificates of the highest academic degree (diploma) or relevant approved documents and professional qualification certificates authenticated by apostille (from member countries of the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents), or by Chinese embassies or consulates abroad;

(IV) Certificates of no criminal record;

(V) Physical health examination certificates;

(VI) Job contracts or certificates of employment (including letters of dispatch from multinational companies);

(VII) The applicants’ valid passports or other valid international travel documents;

(VIII) The applicants’ bareheaded, full-faced photos taken within 6 months;

(IX) Relevant supporting documents of the accompanying family members;

(X) Other relevant materials as may be required.

The method and place of handling: online applications submitted by the employers; local service centers for foreigners working in China.

X. Social insurance

Foreigners who work in China shall access social security in accordance with the relevant provisions of the Social Insurance Law of the People’s Republic of China and the Interim Measures for Social Insurance System Coverage of Foreigners Working within the Territory of China.

Eligible individuals

(I) Individuals who are legally employed in China and have legally obtained the Foreigner’s Work Permits, residence permits for foreigners, and Foreign Permanent Resident ID Cards.

(II) Individuals who have signed labor contracts with domestic employers in China and are paid by the employers, or those who have signed contracts with foreign companies and are dispatched to work in China, with your salaries paid by the domestic employers.

(III) Individuals in the employment age (males aged 60 or below; females aged 55 or below).

Insurance payment

(I) If individuals who work within the territory of China just accessed social security, you shall pay the premiums from the month when you start to work in China;

(II) The insurance base pay and the share borne by employers for foreign employees shall be the same as that of Chinese employees according to local standards.

Mutual exemption provisions

According to the website of the Ministry of Human Resources and Social Security of the People’s Republic of China, China has signed social security agreements with many countrie sincluding Germany, Republic of Korea, Denmark, Canada, Finland, Switzerland, the Netherlands, France, Spain, Japan, Serbia, and Luxembourg. Individuals who hold the nationality of a country that has concluded a social security agreement with China may be exempt from the obligation to pay insurance premiums for specified periods as stipulated in the agreement.

Places for handling social insurance: Government service halls or the service halls of bureaus of human resources and social security in the locality where the applicants work.

Website address of the Ministry of Human Resources and Social Security: http://www.mohrss.gov.cn

XI. Payment of individual income tax

Residents and non-residents

An individual who is domiciled in China, or an individual who is not domiciled in China but has resided in China for an aggregate of 183 days or more within a tax year, shall be regarded as a resident individual. Income received by a resident individual from within China or overseas shall be subject to individual income tax pursuant to the provisions of the Individual Income Tax Law of the People’s Republic of China.

An individual who is not domiciled in China and does not reside in China, or an individual who is not domiciled in China but has resided in China for less than an aggregate of 183 days within a tax year, shall be regarded as a non-resident individual. Income received by a non-resident individual from within China shall be subject to individual income tax pursuant to the provisions of the Individual Income Tax Law of the People’s Republic of China.

Annuareconcilation for comprehensive income

Foreign nationals, who are tax residents of China and obtain comprehensive incomes from salary and wages, remuneration for personal services, author’s remuneration and royalties in a tax year, shall fill in the Annual Individual Income Tax Return for Self-Filing and associated forms within the period from March 1 to June 30 of the following year, and do the annual tax reconciliation with the tax authority. Foreign nationals who meet one of the following conditions shall be exempted from the annual reconciliation of individual income tax:

(I) The conditions specified in the tax policy for exemption from the annual reconciliation are met;

(II) The amount of tax withheld matches with the amount of the tax payable;

(III) The conditions for refunding are met, but the claim of tax refunds is waived.

If foreign nationals are unsure whether the annual reconciliation needs to be done, they can seek guidance regarding relevant policies and assistance from the taxpayer service halls of local tax authorities.

Settlement channels: Local government service halls or tax authorities’ taxpayer service halls, Individual Income Tax APP, and the Natural Person E-Tax Platform. Foreign nationals need to visit the local taxpayer service halls to apply for a registration code before the first-time use of the Individual Income Tax APP or the Natural Person E-Tax Platform. Taxpayers can seek assistance from taxpayer service halls.

Foreign nationals who are nonresident individuals are not required to deal with the annual reconciliation.

Website address of the Natural Person E-Tax Platform: https://etax.chinatax.gov.cn

Enjoying preferential treatment under tax treaties

China has signed agreements on avoidance of double taxation with 114 countries(regions). Foreign nationals who are eligible for tax reductions or exemptions may judge by themselves the conditions for enjoying such treatment. They can choose to enjoy the treatment upon self-filing or through withholding agents, and relevant documentation shall be retained for future inquiries. For details of the agreements, please refer to the tax treaty section on the website of the State Administration of Taxation.

Website address of tax treaty section: https://www.chinatax.gov.cn/chinatax/n810341/n810770/common_list_ssty.html

NIW Green Card Application: Requirements, Process, Timeline, Fees, and support evidence

  1. What is the NIW Green Card?

The National Interest Waiver (NIW) is a special category within the EB-2 green card. Common fields for NIW include business, medicine, science, arts, sports, and education. Under normal circumstances, applying for an EB-2 requires sponsorship from a U.S. employer who must provide a permanent job offer and apply for a labor certification from the U.S. Department of Labor before filing the I-140 immigrant petition for the applicant.

However, the NIW green card application is an exception to the EB-2 requirements. Based on national interest considerations, the U.S. government waives the requirement for a permanent job offer and the lengthy labor certification process for foreign nationals who make significant contributions to U.S. national interests, allowing them to directly apply for a green card with the immigration authorities.

  1. NIW Green Card Advantages

The NIW green card does not require compliance with the EB-2 green card application requirements, which is its significant advantage. Specific advantages of the NIW green card include:

  • No employer sponsorship required: Unlike other categories of employment-based applications, NIW applications do not require employer sponsorship. The NIW applicant is the beneficiary, who does not need a job offer or support letter from an employer and can independently apply for a U.S. green card.
  • No labor certification required: Typically, an EB-2 immigration application requires a U.S. employer to provide a permanent job offer and apply for a PERM labor certification from the Department of Labor. With NIW, this requirement is waived.
  • Wide range of coverage: NIW is applicable across various industries, not limited to specific fields or occupations. As long as the beneficiary can demonstrate unique abilities and contributions to U.S. national interests, approval is possible.
  • Family immigration: The beneficiary and their dependents (spouse and unmarried children under 21) are eligible to apply for permanent green cards, enjoying benefits equivalent to citizens. After obtaining the green card, they can apply for citizenship after residing in the U.S. for 30 months within a 5-year period.
  • Promising prospects: NIW green card holders have more opportunities to engage in senior positions, important projects, and collaboration opportunities. Their professional abilities and contributions are widely recognized, opening up broader career development prospects.
  • Expedited processing: Compared to other green card application categories, NIW green cards are typically processed faster. Due to the outstanding abilities and significant contributions to national interests recognized in NIW applications, approval times are relatively shorter, sometimes shortening waiting times to several months to a year.
  1. NIW Green Card Application Requirements

First, let’s briefly understand the EB-2 application requirements before introducing the NIW application conditions. EB-2 application requirements:

  1. Individuals with “advanced degrees” or “exceptional ability” in fields such as science, technology, education, arts, and business, such as engineers, doctors, researchers, artists, etc.
  2. Applicants need a U.S. employer, and the employer must provide a permanent job offer. The employer must apply for a labor certification from the Department of Labor (PLC). After the labor certification is approved, the I-140 is submitted to the immigration authorities.

Note: During the immigration application process, applicants can only change employers at specific time points; otherwise, it may require starting the application process from scratch.

  1. NIW Green Card Application Requirements
  • General requirements:
    NIW applicants must meet the requirements of having an “advanced degree” or “exceptional ability.” Applicants must work in the field of their “advanced degree” or in traditional professional fields such as lawyers, doctors, architects, engineers, or teachers.
  • Special requirements:
  • For academic professionals such as doctors, professors, researchers, etc., having published articles with a certain citation count is sufficient for application.
  • For individuals with exceptional abilities, having received personal awards, media coverage, membership in nationally or internationally recognized professional associations, or serving as professional judges is sufficient for application.
  1. What are the latest NIW application conditions and requirements?
  • Basic requirements: Advanced degree or exceptional ability
    Since the National Interest Waiver belongs to the employment-based second preference (EB-2), applicants must meet the EB-2 criteria, namely having “advanced degrees” or “exceptional ability” and working in their field of “advanced degrees” or in traditional professional fields such as lawyers, doctors, architects, engineers, or teachers.
  • “Advanced degree” refers to any of the following:
    • Having a master’s degree or higher from a U.S. university.
    • Having a master’s degree or higher from a foreign university equivalent to a U.S. degree.
    • Having a bachelor’s degree from a U.S. or foreign university equivalent to a master’s degree, along with at least 5 years of relevant professional experience. Combined, these two criteria are considered equivalent to a master’s degree.

If the above “advanced degree” criteria are not met, applicants can claim to have “exceptional ability,” meaning possessing exceptional skills in science, arts, or business compared to their peers.

  • The “exceptional ability” requires meeting at least three of the following conditions:
    • Having received official academic credentials from colleges, universities, or other educational institutions in their field.
    • Having over ten years of full-time work experience in their field, usually requiring proof from former and current employers.
    • Holding professional licenses in their field.
    • Receiving compensation for their “exceptional ability.”
    • Being a member of a professional association.
    • Being recognized in their field and making significant contributions, verified by colleagues, government agencies, professional or business organizations.
  • Applicants only need to meet either the “advanced degree” or “exceptional ability” condition; there is no need to meet both conditions simultaneously. Additional conditions: Meeting the three principles of the National Interest Waiver Standard. The Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) states that merely having an “advanced degree” or “exceptional ability” is not sufficient to meet the NIW application requirements. Applicants must also meet specific standards established in the Dhanasar case, namely the three-pronged Dhanasar standard:
  1. Whether the field the applicant is engaged in has substantial merit.
  2. Whether the applicant’s achievements in this field are sufficiently outstanding.
  3. Whether the applicant can make significant contributions to this field in the United States.

In immigration practice, the standards currently used by USCIS primarily come from the AAO’s ruling in the New York State Department of Transportation case (also known as the “NYDOT” case). These special standards can be summarized as follows:

  1. The applicant’s work and field must have intrinsic merit to U.S. national interests. In general, almost all professional work can be related to U.S. national interests, including research, engineering, business, education, finance, film, and music. Proving this is relatively easy.
  2. The applicant’s work and contributions must have a beneficial impact nationwide in the United States. Proving this is also relatively easy. For example, the applicant has published articles in national journals, presented at national-level academic conferences, or holds one or more patents.
  3. If requiring the applicant to immigrate through a labor certification would adversely affect U.S. national interests. The labor certification is designed to protect the basic interests of American workers.

In the immigration bureau’s review practice, the main criteria currently used by the immigration bureau are primarily derived from the AAO’s ruling on the New York State Department of Transportation case (also known as the “NYDOT” case). These specific standards can be summarized as follows:

  1. The applicant’s work and field of engagement must have intrinsic merit that is inherently substantial to the national interest of the United States. Generally speaking, almost all professional work can be linked to some extent to the national interest of the United States, including fields such as research, engineering, business, education, finance, film, and music. Proving this point is relatively easy.
  2. The applicant’s work and contributions must have a beneficial impact on a national scale in the United States. Demonstrating this point is also relatively easy. For example, if the applicant has published articles in journals distributed nationwide, delivered speeches at national-level academic conferences, or holds one or more patents.
  3. If requiring the applicant to immigrate through a labor certification would adversely affect the national interest of the United States. The purpose of labor certification is to protect the basic interests of American workers. If it is demonstrated that the applicant’s abilities surpass those of similarly qualified American counterparts and that their contributions to the national interest outweigh the need to protect American labor interests, then the applicant may be eligible for a national interest waiver.
  4. Specific assessment criteria or standards for the NIW green card:

Many international students, scholars, researchers, and other scientific and technical professionals in the United States feel unsure whether they have made outstanding achievements or significant contributions to the United States and are therefore uncertain whether they meet the criteria for a national interest waiver. Generally, when the United States Citizenship and Immigration Services (USCIS) reviews an applicant’s application, they often comprehensively evaluate whether the applicant’s qualifications meet the standards for a national interest waiver. It is suggested that applicants can use the following criteria for self-assessment:

  1. Do you have a master’s degree or higher?
  2. Do you have work experience in your field, both domestically and internationally?
  3. Have you received awards, big or small, domestically or internationally (including national or regional levels)?
  4. Have you published research articles in domestic or international academic journals, and how many as the first author?
  5. Do your articles have a significant number of independent citations and/or downloads?
  6. Have your articles ever been cited by U.S. government departments?
  7. Can you find experts or authoritative figures in your field to write recommendation letters for you?
  8. Can you find materials related to your field and the national interest?
  9. Are you a member of one or more professional industry associations?

If you answer yes to some or all of the above questions, then you are more likely to meet the eligibility criteria for an NIW application. Moreover, having an NIW application denied will not affect the applicant’s ability to apply for other types of immigration visas later on.

  1. How to apply for an NIW green card?
  2. Required documents for NIW green card application:

In addition to the immigration application form (L-140) and the Department of Labor foreign worker employment application form (ETA-750B), applicants for NIW national interest waiver must also prepare:

 Personal identification;
 Copy of the beneficiary’s passport;
 Copy of the U.S. entry and exit form I-94 (both sides);
 Proof of the beneficiary’s current non-immigrant status (such as -20s form, etc.);
 Proof of Outstanding Talent:
 Beneficiary’s latest resume;
 Proof of education background, evaluation reports, and other materials that can prove the beneficiary’s education background. It should be demonstrated that the beneficiary’s education is at least equivalent to a master’s degree recognized by a U.S. university.

  • All published articles, lecture posters, academic conference invitations, etc.;
  • Proof of citation by other researchers for articles published by the beneficiary;
  • Comments from reviewers or experts on the beneficiary’s published works;
  • Requests for reprints of previously published works received by the beneficiary;
  • Awards or honors received by the beneficiary;
  • Proof of membership in professional associations;
  • Funding information for the beneficiary’s research projects;
  • Participation in peer review of research works of peers in the same field by the beneficiary, either individually or as a group;
  • Reports on individuals who wrote recommendation letters for the beneficiary to prove the authority of the recommenders in their field;
  • Information about all individuals who wrote recommendation letters for the beneficiary, including names, titles, job titles, and employers.

Please note that the above materials are only general requirements, and specific recommendations should be carefully reviewed in the official guidelines of the U.S. Citizenship and Immigration Services (USCIS).

  1. NIW application steps:
  • Step 1: Determine eligibility for NIW green card application. NIW applicants must demonstrate that they possess special skills or professional knowledge, and that these skills or knowledge are in line with the national interests of the United States. Applicants can refer to the eligibility criteria mentioned above.
  • Step 2: Prepare NIW application materials. The materials for NIW application include application forms, personal resumes, evidence of professional achievements, recommendation letters, document checklists, etc., as detailed above. Special attention should be paid to the applicant’s research achievements and proof of national interest in the United States. These proofs may include articles published in relevant fields, patents, conference papers, etc.
  • Step 3: Fill out and submit application forms. According to the requirements of the NIW green card application, you need to fill out and submit relevant application forms, such as the I-140 form.
  • Step 4: Pay fees. When submitting the application, you need to pay the relevant application fees, including application fees, biometric collection fees, etc. Specific fee information can be found on the official website of the U.S. Citizenship and Immigration Services (USCIS).
  • Step 5: Submit the application and wait for approval. Once the preparation is complete, you can submit the application materials and fees to the USCIS. You can submit the application online through the USCIS website or mail the application materials to the designated USCIS address. After submission, USCIS will send a confirmation letter to the applicant (usually within 2-3 weeks) to notify them of the result. The processing time varies depending on individual cases and the workload of the immigration bureau. Expedited applications are also available, and results are generally obtained within 45 days.
  • Step 6: Supplement materials and respond to requests. If the immigration bureau has any questions about your application or requires additional materials, they may issue an RFE (Request for Evidence) and may arrange for an interview. Upon receiving an RFE, you need to promptly provide the required supplementary materials or respond to the immigration bureau’s requests.
  • Step 7: Approval and receipt of approval notice. Once the immigration bureau completes the review of your application, they will send you an approval notice. If the application is approved, the applicant will receive an I-140 form approval notice, indicating that the NIW has been recognized. After receiving the approval notice, you can proceed with the green card application process.
  1. NIW Green Card Application Fees and Timeline
     NIW Application Fees
  • The minimum total cost for the EB-2 NIW visa does not include all optional items, such as insurance processing fees, Form I-765, and business plan services, while the maximum total cost includes the highest cost of all fees. Specific NIW application fees are recommended to be carefully read in the official guide of the United States Citizenship and Immigration Services (USCIS) on how to minimize NIW green card application fees.
  • Fully prepare documents: Organize and prepare the documents required for the application carefully to ensure they are complete and accurate.
  • Research fee waivers: For certain application materials, such as Form I-485.
  • Check all content carefully to avoid errors: To avoid additional fees due to errors in documents or applications.
  • Write your own business plan: If you have a deep understanding of business and are confident in your research and writing skills.
  • Consider hiring a limited scope immigration lawyer.

 Timeline for NIW Application
NIW applications typically take 3-9 months to process.

  1. What to Do If Your NIW Application Is Denied?
    If your NIW application is unfortunately rejected by immigration officials, you are not without recourse. At this point, you can take the following actions:
  • Reapply to seek approval again.
  • File a Motion to Reconsider or Motion to Reopen the case.
  • Appeal to the USCIS Administrative Appeals Office (AAO).
  • Resubmit the NIW application.
  • Apply for other immigration categories.

H-1B for Nurses

The H-1B visa is the primary option for foreign-trained nurses seeking employment in the United States. The U.S. Citizenship and Immigration Services (USCIS) has established specific criteria that nurses must meet to qualify for an H-1B visa. The position must be classified as a “specialty occupation” for the H-1B petition to be approved. This visa category is highly coveted by medical professionals as it allows for temporary employment in the U.S. for a period of three to six years.

A “specialty occupation” is defined as a role that requires the theoretical and practical application of a highly specialized body of knowledge. Nurses are mandated to possess a bachelor’s degree or higher in their field. If the occupation necessitates certification or licensure, these credentials must be provided along with the petition to enhance the chances of approval.

While nursing positions may appear to align with the requirements for an H-1B visa, general registered nurse (RN) or licensed practical nurse (LPN) roles do not typically qualify as specialty occupations. However, in states where a bachelor’s degree in nursing is a prerequisite for obtaining a nursing license, RN positions in those states would generally meet the criteria for a specialty occupation.

Elibibility

To be eligible for a nursing visa, applicants must meet the following criteria:

  • Educational Qualifications: Possession of a bachelor’s degree or higher in the field of nursing is essential.
  • Licensing: Successful completion of an accredited nursing program and passing the National Council Licensure Examination (NCLEX) are mandatory to obtain the necessary nursing license.
  • Industry Standards: The occupation must require qualifications that align with typical expectations within the nursing profession.
  • Employer Requirements: The U.S. employer generally mandates a bachelor’s degree or an equivalent foreign qualification as a minimum educational requirement for the nursing position.
  • Specialized Responsibilities: The duties and responsibilities associated with the position are highly specialized, necessitating a professional with a bachelor’s degree or higher level of education to effectively fulfill the role.


RN positions with specialized responsibilities that may be eligible for an H-1B visa for nurses include:

  • addiction nurses
  • cardiovascular nurses
  • critical care nurses
  • emergency room nurses
  • genetics nurses
  • neonatology nurses
  • nephrology nurses
  • oncology nurses
  • pediatric nurses
  • peri-operative nurses
  • rehabilitation nurses


Petition Requirements of H1B Visa for Nurses:
In a 2015 policy memorandum, the USCIS lists some of the documents that a petitioner should submit as evidence:

  • The nature of the petitioner’s business
  • Industry practices
  • A detailed description of the duties to be performed within the petitioner’s business operations
  • Advanced certification requirements
  • ANCC Magnet Recognized status
  • Clinical experience requirements
  • Training in the specialty requirements
  • Wage rate relative to others within the occupation


Priority of Acceptance:
All must qualify under general position, education, Department of Labor, USCIS, and U.S. employer H-1B requirements. Certified Advanced Practice Registered Nurses (APRNs) are generally the first to be accepted for the H-1B petition. specialized nursing occupations under the APRN category are:
certified registered nurse anesthetists

  • clinical nurse specialists
  • certified nurse midwives
  • certified nurse practitioners


The position must also require for the nurse to be a certified RN (registered nurse). To become an RN the nurse must have a minimum of a Bachelor of Science in Nursing with additional education.


The second level of acceptance applies to nurses who qualify for administrative occupations which require a graduate degree in nursing or healthcare administration. Examples include: “Nurse Managers” and Supervisory Nurses.


The final level of acceptance applies to individuals with a nursing specialty in areas such as critical care or preoperative nurses.


Approved H-1B applicants may also come to those who are not APRNs. However, non-APRNs must have successfully passed examinations based on clinical experience, emergency room nursing, operating room, occupation health, rehabilitation nursing, critical care, oncology, and pediatrics.


The H-1B Lottery for Nurses
If you qualify for an H-1B visa for nurses, your petition will likely be entered into the annual H-1B lottery. This lottery was put into effect due to the large number of petitions that are received each year. Overall, there are two major sections of this lottery:

  • The master’s cap – 20,000 petitions. This cap is for those with an advanced degree.
  • Regular cap – 65,000 petitions.

The way that the lottery works means that the first 20,000 positions will be filled by those that have advanced degrees. Any petitions for those with advanced degrees that are not selected in the master’s cap will be re-entered into the regular cap, essentially giving those petitions two chances of being selected.


It is important to note that there is no other way to increase your odds of selection. It doesn’t matter if you are applying for an H-1B for nurses or for an IT manager, the chances are the same. Because the number of petitions is continually increasing, the probability of being randomly selected is decreasing. If you are not selected in the lottery, then you will need to wait until the following year or find an alternative visa.


If your petition is selected, then it will be processed by the USCIS. Of course, there is still a chance that a petition could be selected and then denied. To avoid this, make sure that your case is handled by an expert immigration attorney.


Cap Exempt Petitions
There are only three major categories of H-1B occupations that would be considered cap-exempt:

  • An institute of higher education
  • A not-for-profit organization associated with an institute of higher education
  • A not-for-profit governmental research organization

Also, if you submit a cap-subject petition and it is selected, you will be considered cap-exempt for any subsequent I-129 petitions that you need to have filed for job transfers or visa extensions. However, if you are approved for a cap-exempt position and decide to transfer to a cap-subject one later on, you will need to file a new petition that will be subject to the cap.

Alternatives for the H-1B for Nurses
The H-1B, while a very popular nonimmigrant visa, is not the only method that nurses can use to work in the U.S. Here are some prominent alternatives:

  • TN visa: If you are a registered nurse from either Canada or Mexico, the NAFTA treaty visa may be a great way to go. This visa boasts several advantages over the H-1B, such as the fact that there is no annual cap and being able to renew your visa indefinitely.
  • L-1 visa: This visa is for managers, executives, and specialized employees of multinational companies. This may seem irrelevant at first, but if you are a nursing manager who works for an organization that has a presence in the U.S. and overseas, you may qualify for this visa.
  • EB-2 green card: If you are interested in living in the U.S. permanently, you can have an employer file an I-140 petition on your behalf. For the EB-2, you will need to have an advanced degree or be able to demonstrate that you have exceptional ability in your field.
  • EB-3 green card: Also making use of the I-140 petition, the EB-3 is a good option for nurses because it is designed for bachelor’s degree holders as well as skilled and unskilled workers.


If you are looking to get a green card for nurses, you will need to take your priority date into account, which may add a significant amount to your processing time. Speak with our immigration attorney if you would like to make the transition from H-1B to green card status.


H-1B Visa Cost
The basic fees for an H-1B for nurses are as follows:

  • I-129 basic filing fee – $460
  • ACWIA fee – $750-$1,500
  • Anti-fraud fee – $500
  • Public Law fee – $4,000
  • premium Processing fee-$2805
  • DS-160 Form (for consular processing) – $190
  • Attorney fees – these vary from firm to firm.

Keep in mind that, while this may seem expensive, your employer will be responsible for most of these fees. The only fees that you may need to pay are the DS-160 fee as well as the attorney fee and the premium processing fee. Work alongside your immigration attorney to ensure that all H-1B fees are filed properly.


7 Steps for Nurses to Work in U.S. from China


The requirements for any nurse from India to come and work in the U.S. are relatively the same as for any other foreign-trained nurse. Here is a quick summary of the steps that an Indian-trained nurse might have to take in order to work in the U.S.

  1. Education and Work Experience Requirements – this involves having completed a bachelor’s degree in nursing, being an accredited nurse in India, and having at least 2 years of work experience as a registered nurse.
  2. Language Requirements – quite often, it is necessary for foreign nurses to complete the IELTS exam and achieve at least 6.5 on the overall grade and 7 for the speaking portion.
  3. NCLEX-RN Exam – you must pass the exam developed by the National Council of State Boards of Nursing in order to show the equivalency of your foreign education and work experience. The exam can be completed in India.
  4. VisaScreen Certificate – it is essential to complete this part as this screening will allow you to be certain that you meet all of the required qualifications for work as a nurse in the U.S.
  5. Apply for a Visa – at this point, you should already have a valid job offer from a U.S. employer. You must then submit an application for an employment-based visa. In many situations, it would be H-1B, TN visa, L-1 visa, EB-2 or EB-3 visa – this depends on many other factors.
  6. Finish the Visa Process – it is likely that you will need to attend an interview and submit a variety of documents during the process. You need to make sure that you comply with all of the immigration regulations and finish the entire process.
  7. Receive Your Visa and Start Your Job – after you have received your visa, you can freely travel to the U.S. and start your new employment as a U.S. nurse.

Hospitals That Sponsor H-1B Visa for Nurses
As a foreign nurse, you will need a sponsor as per H-1B visa requirements, and in the majority of cases, a hospital will usually be your sponsor. It is relatively easy to look for hospitals that sponsor H-1B visas for nurses because they would actively advertise visa sponsorship in their job ads.
You can approach your sponsor search just like you would approach any other job search. Go to your favorite job search engines and search for nursing opportunities with visa sponsorship. In many instances, employers will specify for what kind of visa they are willing to sponsor a prospective employee. If, however, a job posting does not specify whether they are willing to be a sponsor, then it is worth contacting the company and inquiring whether they are open to such an arrangement.

How Wang law LLC Can Help:
Our immigration lawyers are able to advise foreign nurse practitioner clients on which work visa or immigration category would be best suited based on the client’s qualifications and position requirements.
We understand that government forms can be challenging to complete. our lawyers are skilled in assisting clients with H-1B documentation and any supplementary evidence needed to support their case.


Contact us to find out if you can take advantage of our consultation and have one of the qualified immigration attorneys provide a general overview of your visa options.

If you are not eligible for an H1B visa for nurses, there are many other visa options that can be explored. We intend to inform you of your options to ensure that you’re making an informed decision.