Archives 2024

USCIS Implements New Rules: Missing These Documents Could Lead to Green Card Application Denial


This month, the U.S. Citizenship and Immigration Services (USCIS) announced significant new policy updates. Specifically, some applicants filing Form I-485 (Application to Register Permanent Residence or Adjust Status) are now required to simultaneously submit Form I-693 (Report of Medical Examination and Vaccination Record). Applications failing to include these documents may face outright denial.

Additionally, on December 10, 2024, USCIS released a new version of Form I-485. Starting February 10, 2025, USCIS will only accept the 10/24/24 version of Form I-485, rejecting any older versions.


Major Changes to the I-485 Application Process

Change 1: Simultaneous Submission of Form I-693

On December 2, USCIS announced that certain I-485 applicants must submit Form I-693 at the same time as their application.

Purpose of the Change:
This update aims to reduce the number of Requests for Evidence (RFE), expedite case processing, and improve overall efficiency.

Submission Requirements:

  • Applicants must complete the immigration medical examination and receive all required vaccinations.
  • A completed Form I-693, signed by a designated civil surgeon, must be submitted to demonstrate compliance with health-related admissibility standards.
  • Failure to include Form I-693 with Form I-485 could result in denial of the application.

Updated Instructions:
USCIS has revised the instructions for Form I-485 to make simultaneous submission of Form I-693 mandatory.

Vaccination Requirements:
Applicants must provide proof of the following vaccinations:

  • Mumps
  • Measles
  • Rubella
  • Polio
  • Tetanus and Diphtheria (Td)
  • Pertussis
  • Haemophilus influenzae type b (Hib)
  • Hepatitis A
  • Hepatitis B
  • Varicella (chickenpox)
  • Pneumococcal pneumonia
  • Rotavirus
  • Meningococcal
  • Influenza
  • COVID-19

Who is Affected?

  1. Applicants planning to file Form I-485 within the next six months should schedule their medical examination early and ensure accurate completion of all required forms. Delays in obtaining vaccinations may impact timely filing.
  2. Applicants who filed before the new rule took effect do not need to worry excessively. USCIS will issue an RFE requesting Form I-693 if it is missing during processing.

Policy Link:
USCIS Policy Announcement


Change 2: Only the New Version of Form I-485 Accepted Starting February 2025

From February 10, 2025, USCIS will only accept the updated 10/24/24 version of Form I-485.

Download Link for the New Form:
Download the New I-485 Form


Change 3: Streamlined I-864 Process

Previously, certain applicants were required to submit Form I-864 (Affidavit of Support). USCIS has now streamlined this process by incorporating the affidavit into the new version of Form I-485. Applicants no longer need to submit a separate Form I-864.


Change 4: Clarified Public Charge Assessment

The new form enhances public charge evaluation by requiring applicants to clearly indicate their application category. This change aims to improve efficiency by helping USCIS quickly determine whether an applicant is subject to public charge provisions.


Conclusion

These policy updates introduce significant changes to the I-485 application process. Applicants should stay informed, ensure all required materials are prepared, and submit their applications in compliance with the new rules. For any questions or assistance, contact Wang Law LLC for professional immigration legal services.

20 Essential Immigration Document Translation Projects

Navigating the immigration process can be a daunting task, even for those who are familiar with it. Beyond the financial burden and lengthy wait times, one of the most significant challenges is gathering and accurately translating the required documents.

Common Immigration Documents That Often Require Translation

Immigration applications rely heavily on supporting documentation tailored to the visa type. Here are 20 common documents that typically need translation before submission:

  • Passport
  • Diplomas or educational certificates
  • Birth certificates
  • Marriage certificates
  • Divorce decrees
  • Criminal records
  • Published works
  • Academic transcripts
  • Property deeds
  • Employment records
  • Tax returns
  • Bank statements
  • Reference letters
  • Driver’s licenses
  • Medical records
  • Adoption papers
  • Financial affidavits
  • Military service records
  • Immigration history documents
  • Police clearance certificates

Compiling these documents can be overwhelming, and ensuring their accurate translation is equally critical. By understanding which documents are required for your visa type, you can better prepare and streamline the translation process.

Identifying Required Translations for Your Application

The first step in preparing immigration translations is determining the documents your application requires. The necessary evidence depends on your visa type, which typically falls into the following categories:

  • Family-Based Visas: For spouses, children, parents, siblings, or widowed spouses of U.S. citizens or green card holders.
  • Employment-Based Visas: For individuals with specialized skills, extraordinary abilities, or significant investments in U.S. job creation.
  • Diversity Lottery Visas: For applicants from countries with historically low immigration rates to the United States.
  • Humanitarian Visas: For refugees, asylum seekers, and victims of abuse or trafficking.

Each visa category may require different documentation, so consulting an immigration attorney or the U.S. Citizenship and Immigration Services (USCIS) resources can help ensure you’re on the right track.

Why Certified Translations Are Necessary

USCIS mandates that all foreign-language documents submitted with applications must be accompanied by a certified translation. Certification ensures the translation is complete, accurate, and performed by someone qualified to translate between the source language and English. Submitting uncertified translations can result in costly delays, additional evidence requests, or even rejection of the application.

Should You Work with a Professional Translation Partner?

While individuals or family members proficient in both languages may attempt translations, working with a professional translation service can significantly reduce risks. A trusted translation partner is familiar with USCIS standards, formatting requirements, and the precision needed to avoid delays.

A professional service also ensures consistency across all documents. For instance, inconsistent translations of terms such as “software engineer” (e.g., translating it as “coder” or “systems developer”) can create confusion and unnecessary complications during review. Translation services provide continuity and reliability, especially for complex cases.

Leveraging an Advanced Translation Management System

An effective translation management system can simplify the handling of large, multilingual projects. These platforms streamline workflows, centralize document tracking, and maintain consistency across all materials. By automating repetitive tasks and optimizing resource allocation, translation systems save time and reduce costs while ensuring high-quality results.

With the right tools and expertise, managing the translation of immigration documents becomes far less stressful. A well-organized approach ensures that your application meets all requirements, allowing you to focus on the next steps in your immigration journey.

ATA‘s Language Services Directory includes more than 7,000 individuals and companies offering professional translation and interpreting services. https://www.atanet.org/directory/

Changes and Solutions for Family Immigration Applications When a Green Card Holder Becomes a U.S. Citizen

Recently, a client left a message on our Wang Law LLC website, asking about the following issue: When she married her current husband, her daughter was under 18 years old. At that time, her husband was a green card holder and filed an I-130 form for both her and her daughter, with her daughter listed as a derivative beneficiary. Now, her husband has become a U.S. citizen, and their visa priority date has been reached. However, her daughter’s information is not visible in the National Visa Center (NVC) application. She wants to know if this is an error and what steps to take next.

Let’s break down this case and provide a solution.

1. Establishment of Stepchild Status

The client’s daughter was under 18 when she married her current husband, meaning her daughter qualifies as a stepchild under U.S. immigration law. Whether the stepfather is a green card holder or a U.S. citizen, he can file an immigration petition for the stepchild, and the process is the same as for biological children.

2. Green Card Holder Filing an I-130 Petition

When the client’s husband was still a green card holder, he filed an I-130 petition for both the client and her daughter. This was permitted because a green card holder can file one I-130 form for both the spouse and their unmarried children under 21 years old, with the spouse as the primary beneficiary and the children as derivative beneficiaries. This approach simplifies the process and reduces the number of forms and fees.

3. Issue: The Green Card Holder Becomes a U.S. Citizen

Now that the client’s husband has become a U.S. citizen, a problem has arisen. Under U.S. immigration law, green card holders can include children as derivative beneficiaries on the spouse’s I-130 petition. However, U.S. citizens must file a separate I-130 petition for each family member. This means that while the client (the spouse) can continue with the original I-130 petition, her daughter no longer qualifies as a derivative beneficiary. This is why her daughter’s information is not appearing in the NVC visa application.

4. Solution: File a Separate I-130 for the Daughter

Since the client’s husband is now a U.S. citizen, he must file a separate I-130 petition for the daughter. While this means starting the process over for the daughter, she can still immigrate to the United States. However, this new application will go through the full review process, which may take a year or longer.

5. Potential Risk: The Child’s Age

A critical point to consider is if the daughter is already 21 or will turn 21 before the new I-130 petition is processed. If she turns 21, she will no longer qualify as an “unmarried child under 21” and will be classified as an “adult child.” This classification will significantly extend the waiting time, potentially up to several years. Currently, the wait for adult children can be as long as seven years.

6. The Application of the Child Status Protection Act (CSPA)

In this case, the client’s husband should work with an immigration lawyer to assess whether the Child Status Protection Act (CSPA) applies to the daughter’s case. The CSPA helps prevent children from “aging out” due to delays in the immigration process. Here’s how CSPA could apply:

  • Calculating the CSPA Age: The CSPA age is calculated by subtracting the time it took USCIS to process the I-130 petition from the child’s actual age. For example, if USCIS took two years to process the I-130, the daughter’s CSPA age could be reduced by two years.
  • Unmarried Status: CSPA only applies to unmarried children. Therefore, it is crucial that the daughter remains unmarried throughout the immigration process.
  • Submitting Additional Documentation: If CSPA protection is confirmed, the lawyer should submit additional documentation to USCIS or the NVC proving that the daughter qualifies for CSPA protection. This documentation includes the I-130 approval notice, the CSPA age calculation, and proof of the child’s unmarried status.
  • Submitting a CSPA Request: If the NVC did not automatically recognize the daughter’s CSPA eligibility, the lawyer can submit a request to the NVC, including legal and factual evidence showing that CSPA applies.

7. Timely Filing of a New I-130 Petition

Even if CSPA applies, it is advisable to file a new I-130 petition for the daughter as soon as possible. This is a precautionary measure in case the CSPA does not fully protect the daughter’s eligibility. Having a new petition in the pipeline can help avoid further delays.

Conclusion:

The issue in this case arose due to the husband’s change in status from green card holder to U.S. citizen, which caused the daughter to lose her derivative beneficiary status. The solution is to file a separate I-130 petition for the daughter while also seeking CSPA protection to minimize delays. As immigration lawyers, you can help the client ensure that her daughter’s rights are protected through careful evaluation and prompt action.

If you are facing similar family immigration issues, feel free to consult Wang Law LLC for professional guidance and assistance in ensuring your immigration applications proceed smoothly.

Proposed Changes to Canada’s PGWP Program

Federal and provincial immigration officials are currently discussing major changes to the Post-Graduation Work Permit (PGWP) eligibility criteria. The PGWP is an open work permit available to international students who have completed an eligible program of study at a Designated Learning Institution (DLI) in Canada.

According to notes from the IRCC Deputy Minister Transition Binder 2024, Canada’s immigration system aims to align the issuance of PGWPs with labor market needs. This alignment will facilitate “access to work permits for students entering occupations in shortage, while reducing access for graduates from other programs.”

The IRCC Binder indicates that advice on this issue will be provided by the Minister in spring 2024, with the goal of implementing changes by January 2025. This direction was also highlighted in an internal survey document from Immigration, Refugees and Citizenship Canada (IRCC), which outlines methods to align educational programs with PGWP availability and solicits feedback from stakeholders.

Implementation of New PGWP Restrictions

While exact implementation details are not yet known, internal survey documents reveal some insights. IRCC and Employment and Social Development Canada (ESDC) have mapped job titles to programs of study to understand which educational programs provide international students with relevant skills for in-demand sectors of the Canadian economy. This mapping synchronizes Canada’s National Occupation Classification (NOC) system with the Classification of Instructional Programs (CIP) system.

Rationale for Changes to the PGWP Program

The goal of aligning PGWPs with labor market needs is to facilitate work permits for students entering occupations in shortage while reducing access for graduates from other programs. The PGWP program, last updated in 2008, saw a 214% increase in work permits issued between 2018 and 2023. Additionally, IRCC’s recent announcement of temporary resident levels and an international student cap further underscores the government’s intent to prioritize permanent residents and citizens in the workforce and alleviate stress on social systems such as healthcare and housing.

Immigration Implications

Gaining Canadian work experience through the PGWP is crucial for international graduates to build eligibility for various permanent residence (PR) programs. Many federal and provincial economic PR programs require at least one year of relevant work experience. The proposed changes to the PGWP program could impact the immigration prospects of current and future international students in Canada.

This is a developing story, and updates will be provided as they become available.


For more information, you can visit the official IRCC website.

Canada Live-In Caregiver Program

Who Can Apply to be a Live-In Caregiver?

Canada’s Live-In Caregiver Program (LCP) is designed for foreign nationals who wish to be employed by a Canadian citizen as a caretaker or nanny for their children, elderly individuals, or people with disabilities within the home. This program provides a direct pathway to permanent residence. After gaining two years of experience with an LCP work permit, foreign nationals can apply for permanent residence.

Eligibility for the Live-In Caregiver Program

To be eligible for the Live-In Caregiver Program, applicants must:

– Have a valid work permit, have applied to extend their work permit, or have applied to restore their status as a worker in Canada.
– Possess work experience in Canada as either a Home Child Care Provider or a Home Support Worker.
– Have at least one year of full-time work experience since November 30, 2014. This experience can be cumulative rather than continuous but cannot include work experience obtained while studying.
– Be employed in a job that matches the National Occupational Classification (NOC) code’s listed duties.
– Have language skills equivalent to Canadian Language Benchmark (CLB) 5 or NCLC (French) 5 in all four areas: reading, writing, speaking, and listening.
– Have a minimum Canadian high school diploma or an equivalent foreign diploma, certificate, or credential.

 Rules to Follow When Working in the LCP

While working as a Live-In Caregiver, foreign nationals must adhere to the following rules:

– Provide at least 30 hours of full-time care per week to children under 18 years of age, a person with disabilities, or an elderly person in the home.
– Live and work professionally in the home without supervision or help.
– Meet all requirements set by Immigration, Refugees and Citizenship Canada (IRCC) and Employment and Social Development Canada (ESDC), including:
– Demonstrating fluency levels to communicate and live independently in an unsupervised environment.
– Receiving full-time training for at least six months, or having worked for at least one year as a full-time caregiver or in a related occupation within the last three years.

How to Apply for the Live-In Caregiver Program

The Live-In Caregiver Program is currently closed to new applicants. If you do not already have an LCP work permit and wish to work as a caregiver in Canada, you must apply for a regular work permit.

You can only hire a caregiver through this program if you have:

– Found a caregiver who already has a work permit in the Live-In Caregiver Program and is looking for a new employer.
– Been approved for a Labour Market Impact Assessment (LMIA) that shows the caregiver has agreed to live in your home.

Applying for Permanent Residence as a Live-In Caregiver

You may be eligible to apply for permanent residence in Canada under the Live-In Caregiver Program if you meet the following requirements:

– Have worked for at least two years of authorized full-time live-in employment in Canada, or
– Have worked 3,900 hours of authorized full-time live-in employment, including up to 390 hours of overtime. This experience must be acquired within four years of your date of arrival.

Your application may be affected if:

– You, your spouse or common-law partner, or any of your family members have a criminal record, a serious medical problem, or pose a security risk.
– You did not provide truthful information to IRCC.

 Other Options for Becoming a Caregiver in Canada

Home Child Care Provider Pilot

Home child care providers assist busy parents by looking after children and may also help with household duties. Care can be provided either in the employee’s home or the employer’s home.

This pilot is open to applicants interested in roles such as:

– Babysitter
– Au pair
– Live-in child caregiver
– Private home child caregiver
– Nanny
– Parent’s helper
– Foster parent
– Child caregiver in a public setting such as a gym or shopping centre

 Home Support Worker Provider Pilot

Home support worker providers assist senior citizens, people with disabilities, and individuals undergoing rehabilitation. Responsibilities include preparing meals, feeding, bathing, changing dressings, administering medications, and performing routine housekeeping duties.

This pilot is open to applicants interested in roles such as:

– At-home attendant for persons with disabilities
– Family caregiver
– Home support worker
– Housekeeper
– Live-in caregiver for seniors
– Personal aide (home support)
– Personal care attendant (home care)
– Respite worker (home support)
– Doula
– Home visitor (infant care)

Home Child Care Provider Pilot

Who Can Apply for the Home Child Care Provider Pilot?

The Home Child Care Provider Pilot is a five-year pilot program that allows qualified caregivers and their family members to come to Canada with the goal of becoming permanent residents.

If you have been offered a job in Canada as a caregiver or have experience working in Canada as a caregiver, you may be able to apply for permanent residence through the Home Child Care Provider Pilot. Check the requirements to see if you are eligible.

**NOC 4411 – Home Child Care Provider**

Eligibility Requirements for the Home Child Care Provider Pilot

You will be eligible to apply for the Home Child Care Provider Pilot if you have:

– Enough work experience
– The required language level
– The necessary education credentials
– Admissibility to Canada
– A plan to live outside the province of Quebec

**Work Experience Requirement**

You must have at least 24 months of full-time work experience in Canada in the 36 months before you apply.

Depending on which pilot you apply for, your work experience must be in one of these National Occupational Classification (NOC) jobs:

– Home Child Care Provider (NOC 4411):

– You must care for children under the age of 18 in your own home or in your employer’s home.
– You don’t need to live in your employer’s home to qualify.
– Experience as a foster parent doesn’t count.

Language Level Requirement

You need to take a language test to prove you meet the minimum language skills.

To measure your English or French skills, we use:

– Canadian Language Benchmarks (CLB) for English
– Niveaux de compétence linguistique canadien (NCLC) for French

The minimum language skill is CLB 5 in English or NLCL 5 in French for all four language skills:

– Writing
– Reading
– Listening
– Speaking

Education Requirement

You must have a completed post-secondary education credential of at least one year in Canada. If you do not have a Canadian education credential, you need to get your foreign education credential assessed to show that it is equivalent to a completed Canadian post-secondary education credential of at least one year.

How to Apply for the Home Child Care Provider Pilot

The application process for the Home Child Care Provider Pilot varies depending on your situation and the amount of qualifying work experience you have. Choose the category that fits your situation to find out how to apply:

– No Qualifying Work Experience: You have never worked full-time in Canada as a caregiver.
– Less Than 24 Months but Some Experience:** You are working or have worked full-time as a caregiver in Canada but do not have 24 months of experience yet.
– At Least 24 Months of Qualifying Work:  In the last 36 months, you have worked full-time as a caregiver in Canada for a total of at least 24 months.

Home Support Worker Pilot

Who Can Apply for the Home Support Worker Pilot?

The Home Support Worker Pilot is a five-year pilot program that allows qualified caregivers and their family members to come to Canada with the goal of becoming permanent residents.

If you have been offered a job in Canada as a caregiver or have experience working in Canada as a caregiver, you may be able to apply for permanent residence through the Home Support Worker Pilot. Check the requirements to see if you are eligible.

NOC 4412 – Home Support Worker

Eligibility Requirements for the Home Support Worker Pilot

You will be eligible to apply for the Home Support Worker Pilot if you have:

– Enough work experience
– The required language level
– The necessary education credentials
– Admissibility to Canada
– A plan to live outside the province of Quebec

Work Experience Requirement

You must have at least 24 months of full-time work experience in Canada in the 36 months before you apply.

Depending on which pilot you apply for, your work experience must be in one of these National Occupational Classification (NOC) jobs:

– **Home Child Care Provider (NOC 4411):**
– You must care for children under the age of 18 in your own home or in your employer’s home.
– You don’t need to live in your employer’s home to qualify.
– Experience as a foster parent doesn’t count.

Language Level Requirement

You need to take a language test to prove you meet the minimum language skills.

To measure your English or French skills, we use:

– Canadian Language Benchmarks (CLB) for English
– Niveaux de compétence linguistique canadien (NCLC) for French

The minimum language skill is CLB 5 in English or NLCL 5 in French for all four language skills:

– Writing
– Reading
– Listening
– Speaking

Education Requirement

You must have a completed post-secondary education credential of at least one year in Canada. If you do not have a Canadian education credential, you need to get your foreign education credential assessed to show that it is equivalent to a completed Canadian post-secondary education credential of at least one year.

How to Apply for the Home Support Worker Pilot

The application process for the Home Support Worker Pilot varies depending on your situation and the amount of qualifying work experience you have. Choose the category that fits your situation to find out how to apply:

**No Qualifying Work Experience:** You have never worked full-time in Canada as a caregiver.
– **Less Than 24 Months but Some Experience:** You are working or have worked full-time as a caregiver in Canada but do not have 24 months of experience yet.
– **At Least 24 Months of Qualifying Work:** In the last 36 months, you have worked full-time as a caregiver in Canada for a total of at least 24 months.

Why Seek Professional Immigration Help?

The LCP application process can be very complex, time-consuming, and difficult. It is essential to get professional immigration help if you are considering applying for Canadian visas. The last thing you want is to be told your application is refused after months (or sometimes years) of waiting.

Are You Interested in Immigrating to Canada as a Caregiver?

We have over 18 years of experience and have helped thousands of people immigrate to Canada. We are confident we can help you too!

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.

Acquisition of U.S. unlisted SMEs and immigration to the U.S. for Chinese Investors

In recent years, the momentum of overseas mergers and acquisitions by Chinese companies cannot be underestimated, and has created a wave of mergers and acquisitions in the United States. Chinese entrepreneurs can immigrate to the U.S. by acquiring U.S. companies, namely, the Small- and Medium-Sized Enterprises (SMEs), and for those Chinese executives selected for assignment to the U.S., they can also obtain a U.S. green card (occupational immigration EB1C) through acquisition.

For Chinese investors, acquiring a U.S. company with established market size and profitability is an excellent opportunity to tap into and quickly enter the huge U.S. market. So, how to successfully acquire a U.S. SME? WANG LAW LLC ( LAW FIRM) , after a large number of case experiences, now mainly focuses on the analysis of the acquisition price of $10 million or less, the acquired company’s employee size of less than 100 people in the United States small and medium-sized enterprises.

The procedures and steps for acquiring a U.S. SME are generally divided into the following phases:

  1. initial negotiation and identification of the acquiring entity;
  2. due diligence and signing of the transaction agreement;
  3. transition monitoring, approval and delivery; and
  4. subsequent integration and operation.

The first step is to conduct preliminary consultations to determine the main body of the acquisition.
Chinese investors can determine their own positioning based on the enterprise’s industry conditions, their own assets, operating conditions and development strategy, form an acquisition strategy, and through intermediary recommendations or business interactions to discover the acquisition target, the two sides can conduct preliminary negotiations on business terms, such as the number of shares to be acquired, the purchase price, the direction of business development, and the treatment of the original executives. It is crucial to understand the reasons for the seller’s disposal of assets in order to grasp the issues of greatest concern in the transaction; it is also necessary to consider the approximate time required for the acquisition process, so that both parties can reach an agreement on the objectives and determine the intention to acquire. Domestic enterprises to acquire U.S. companies, can be part of the acquisition, can also be all shares of the acquisition, but for the acquisition through the acquisition of a green card, then, do not need to acquire the full amount of the acquisition, only need to acquire more than half of the shares can be. The acquired U.S. company does not necessarily need to operate the same business with the domestic head office, the industry is very broad, can be a chain of hotels, car dealerships, trading companies, training institutions, wineries and other industries.

In the second step, due diligence is performed and the purchase price is formulated.
After the initial negotiation and determination of the acquisition intent, both buyer and seller need to start assembling their teams. Generally speaking, there are technical, commercial, legal, financial and board members involved. Of course, due diligence through legal or financial intermediaries is a much smoother channel than directly requesting due diligence from the acquired company. Therefore, depending on the needs of the transaction, the team will also engage external investment banks, accounting firms, law firms and other expert consultant teams. After signing a confidentiality agreement with the target company, the investor can conduct financial, commercial and legal due diligence on the target company in order to obtain more detailed information, including the target company’s financial situation in recent years, sales of products, the use of production equipment, the shareholding structure and so on. From the legal point of view, the investor needs to ensure that the acquisition target is valid and legal, and that there is no behavior prohibited by the court or administrative order. After fully grasping the real situation of the acquisition target, a preliminary acquisition offer can be made based on due diligence, roughly as follows: price, transaction structure, source of funds and so on.

In the third step, the share purchase contract is signed and the acquisition is implemented.
After an exhaustive on-site investigation, the target company is given a valuation, and the acquisition price is confirmed after comprehensive consideration, at which time the acquisition consideration remains the core. After the buyer and seller agree on the price and text, the two sides determine the acquisition method, pricing model, acquisition payment method (cash, liabilities, assets, equity, etc.), the production of legal documents, to determine the post-acquisition management staffing arrangements, the solution for the original employees and other related issues, and sign the transaction agreement or share purchase contract. Generally like we propose the acquisition price within 10 million dollars, the acquired enterprise employees in less than 100 small acquisitions, the share purchase agreement can be signed at the same time to complete the transaction; large acquisitions, usually signed before the delivery (need to be intermediate in order to obtain government approval).

The step 4 is Transition monitoring, approval and delivery. The signing of the share purchase contract is not the end of the acquisition; the time between the signing of the contract and the delivery of the shares can be short or long, depending on the approval process. The first is the approval of the transaction by the shareholders’ meeting, where a sufficient number of shareholders of the target company have approved the transaction; the second is obtaining governmental approvals or filings. Approval by Chinese government departments and other legal system support issues in takeovers.

  1. Approval by the Chinese Government: Approval by the Ministry of Commerce (MOFCOM)/Local Commerce Commission (LCC): issuance of an Overseas Investment Certificate (OIC); Development and Reform Commission (DRC): issuance of a letter of approval; and the Bureau of Foreign Exchange (BFE): foreign exchange approval for capital projects. The State Council amended the Catalogue of Government Approved Investment Projects in early December 2013, significantly reducing the approval requirements for Chinese companies investing overseas. Only projects involving sensitive countries and regions or sensitive industries, or Chinese investment of more than 1 billion U.S. dollars shall have the approval of the National Development and Reform Commission (NDRC), in addition to investment of more than 300 million U.S. dollars in projects reported to the NDRC for the record. In other cases, the central enterprises shall report to the Ministry of Commerce for the record, and the local enterprises shall report to the provincial government for the record. In this way, most Chinese companies will not need to obtain prior approval from the Chinese government for their outbound investment projects, simplifying the process.
  2. Approval by U.S. government agencies: foreign investment review, antitrust, etc. Depending on the nature and amount of the M&A project, some projects need to be reviewed by the U.S. Department of Justice or the Federal Trade Commission, sometimes including the U.S. Committee on Foreign Investment (CFIUS), and the relevant procedures are completed with no comments or objections. Foreign acquisitions of U.S. companies are also subject to U.S. antitrust and export control compliance review (Export Control). Foreign acquisitions are subject to U.S. antitrust and export control compliance. If the amount of the acquisition is very large, according to the Hart-Scott-Rodino Act, it is necessary to do the pre-merger notification (pre-merger notification) program, and the current amount of the requirement is more than 63 million U.S. dollars of mergers and acquisitions must be declared for review. When foreign capital acquisitions of U.S. companies, especially those involving sensitive high-tech projects, in general, information security, defense, telecommunications, energy, aerospace, transportation (ports, airports, shipping) and other areas corresponding to the higher sensitivity of national security, the need to further submit the relevant export control (Export Control) aspects of the application for review, CFIUS needs to be done mergers and acquisitions are “threaten to undermine U.S. national security” analysis and investigation, within 30 days of receiving the application to decide whether to withdraw or further investigation. All of these uncertainties need to be specified in the M&A contract to counteract some of the risks. While major asset acquisitions are subject to antitrust laws, ordinary asset sales are not. In the U.S., when a Chinese company wants to buy a U.S. company, their biggest concern is whether the merger will shift all the jobs to China. This is a very important question. If you can prove that through the M&A, not only will you not take away or shift existing jobs, but you will also invest in the existing company and help it expand, create more jobs, and boost local taxes and the economy, then they will treat the acquisition completely differently.
  3. Practical experience. In practice, the investor hopes to achieve the immigration goal through the acquisition. USCIS does not require Chinese enterprises to acquire foreign capital must be approved by the Chinese government, the Immigration Bureau also did not personally go to China’s specific enforcement procedures, its focus is on the investor for the acquisition of U.S. businesses, the flow of funds path, as long as it can be proved that the acquisition of funds to the ins and outs can be. For Chinese investors, if through the EB5 direct acquisition of immigrants, you need to prove the legitimacy of the source of funds; if it is through the EB1C multinational executives immigrant applications, you need to prove that the funds out of the parent company in China, and ultimately into the U.S. target company, with a clear path of capital flow can be. Here, according to our experience, the Chinese parent company can be directly injected into the U.S. company, can also be injected into the name of the individual shareholders and other ways to flow, which does not need to be audited by the Chinese government, the program is simple.

In the fifth step, the project is delivered and the investor pays the price to complete the transaction.
Adjustment of the price after the period and claims: The price to be paid is generally adjusted according to the target company’s finances, based on the amount of net operating capital; and there are no significant negative changes in the target company from the day of the signing of the merger and acquisition contract to the time of delivery. After delivery, the target company shall also pay compensation to the Chinese investors if there is a claim event within a certain period of time for which the target company should be responsible as agreed in the transaction documents. It is a prerequisite for the delivery of the target company that the investor complies with the agreed responsibilities of both parties and that the representations and warranties of the investor are true. Transitional services. After the merger, the original executives of the target company will need to renegotiate their employment terms if they continue to work for the company; if the investor does not intend to continue to employ the same executives under the original shareholders, the target company can take 3-6 months to help the new shareholders take over the management of the company and provide transition services.

Step 6: Subsequent integration and operations, and closing of the merger and acquisition.
For enterprises, it is not enough just to realize the merger and acquisition of enterprises, but finally to integrate and fully mobilize the resources of the target enterprise, and to integrate the business of the target company, including sorting out and managing the personnel, business, finance, and the construction of upstream and downstream channels, so as to produce the expected benefits. Especially the integration after cross-border M&A will face more challenges.

M&A Transaction Considerations:

  1. Focus on the target company’s representations and warranties. This section deals with representations and warranties made by the target company to the buyer on matters of material relevance to the company. However, if the target company’s representations and warranties are “incomplete” or disclosed in too general a manner, and buyer’s counsel, due to lack of experience, fails to request the target company to make representations and warranties on a material and relevant matter, the target company will generally not be liable if the problem ultimately arises from the failure to make representations and warranties.
  2. Avoid business risks as much as possible: Due diligence must be thorough and exhaustive. Avoid unnecessary business risks, such as hidden debts or lawsuits of the target company. If there are claims in the future: Generally speaking, it is difficult to “return” an M&A transaction once it is settled. Define the main business and develop it steadily. Restrict the target company’s competitive business activities after the M&A transaction is finalized. Therefore, it is prudent to define the target company’s main business. If the definition is too narrow, it will be less restrictive to the original shareholders, who will be able to step down from the company and carry out similar business activities that may compete with the company’s business. Especially after the completion of the acquisition, the Chinese company should pay attention to dealing with labor and management as well as the relationship with the local government, and obtain their understanding and support; in the integration of the enterprise, make good use of the existing management and human resources, and try to avoid the “big blood change” and “big shake-up”. In the integration operation, the existing management and human resources should be utilized well, and “big blood change” and “big shock” should be avoided as much as possible.
  3. In cases where green cards are sought through the acquisition of a business, attention is given to the name in which the investor is making the acquisition, the determination of affiliation between the United States company and the overseas company, and, most importantly, job creation!

Step 7, Immigration to the United States: Pathways for Corporate Executives and Employees

In the United States, there are multiple pathways for company executives and employees to obtain immigration status. These pathways involve different types of visas, including L1A, L1B, EB1-C, and H1B. These immigration pathways, as well as their requirements and application processes, are described below.

  1. L1A visa: The L1A visa is available to senior managers or executives of multinational corporations to enable them to transfer to work in a U.S. branch or subsidiary of a U.S. company. Below are the main requirements for applying for an L1A visa:
  • Within the last three years, served as a senior manager or executive in a foreign company and held the position for at least one year.
  • Will hold a similar senior management or executive position in a U.S. branch or subsidiary of a U.S. company.
  • The company must qualify as a multinational corporation and have a legal office or subsidiary in the United States.

2. L1B visa: L1B visas are available to employees with specialized knowledge or skills within a company that enable them to transfer to work in a U.S. branch or subsidiary of a U.S. company. Below are the main requirements for applying for an L1B visa:

  • Holding a position with specific specialized knowledge or skills in a foreign company for at least one year within the last three years.
  • Will be working in a U.S. branch or subsidiary of a U.S. company in a job related to specialized knowledge or skills.

3. EB1-C immigration:

EB1-C immigration is available to senior managers or executives of multinational corporations to enable them to obtain permanent resident status in the United States. Below are the main requirements for applying for EB1-C immigration:

  • Within the last three years, served as a senior manager or executive in a foreign company and held the position for at least one year.
  • Will hold a similar senior management or executive position in a U.S. branch or subsidiary of a U.S. company.
  • The company must qualify as a multinational corporation and have a legal office or subsidiary in the United States.

4. H1B visas:

H1B visas are available to foreign employees with specialized skills or expertise in a particular professional field, enabling them to work for a U.S. company. Below are the main requirements for applying for an H1B visa:

  • Must have a bachelor’s degree or higher in a specific area of specialization and a job position that requires specialized skills or expertise in that area.
  • The company is required to file a petition with the U.S. Department of Labor and certify that the position requires specialized skills or expertise that cannot be filled by a suitable employee within the United States.

5. Other migration routes:

In addition to the visa types listed above, there are a number of other immigration pathways that allow company executives and employees to obtain U.S. immigration status, such as EB-5 immigrant investor, EB-2 or EB-3 immigrant professional, and family immigration. The requirements and application process for these pathways may vary, so they need to be evaluated and applied for on a case-by-case basis.

Conclusion:

Through the above immigration pathways, company executives and employees may have the opportunity to obtain immigration status to the United States through a small business acquisition. However, each immigration route has its own specific requirements and application process, and applicants need to choose the most appropriate route based on their own circumstances and prepare sufficient application materials to ensure a smooth immigration process. It is also recommended that applicants seek the assistance and guidance of a professional immigration attorney during the application process to ensure that the application process goes smoothly and that they are ultimately successful in obtaining their immigration status.