BLOGS

美国新法下80万美元区域中心投资移民

美国移民法允许某些以就业为基础的非公民移民投资1,050,000美元(800,000美元投资到目标就业区域或基础设施项目)到一个新的商业企业(NCE)—也称为EB-5项目—并且创造至少10个就业机会而成为合法的永久居民(获得绿卡)。 投资者的配偶及21岁以下未婚子女也有资格申请绿卡。投资可分为直接投资和通过美国公民及移民局(USCIS)批准的区域中心投资。直接投资模式中,投资者将资金直接投资于NCE,NCE将负责创造所需的就业机会,因此也被视为创造就业机会的实体(JCE)。相比之下,通过区域中心投资的EB-5资金由区域中心管理,其投资的经济实体中有多个NCE,NCE和JCE通常是分开的。

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基于婚姻的绿卡申请需准备的证据材料

基于婚姻的移民绿卡申请成功的最关键在于证明申请人(美国公民或永久绿卡持有人)与非美国公民的配偶之间的婚姻是真实的,不是为了逃避移民法、单纯为获取绿卡而缔结的虚假婚姻。除了需要提交最基本的身份证明材料及结婚证复印件(如果其中一方曾经离过婚,提供离婚证明复印件)外,申请人应视个人具体情况提交如下证明婚姻真实性的证据材料:

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2022年12月签证公告

根据美国国务院2022年11月10日的最新签证公告信息,中国大陆出生的申请人基于以下情况的绿卡申请12月无排期:1、永久绿卡持有者的配偶和21岁以下未婚子女; 2、杰出人才;3、投资到农村地区、高失业地区及基础建设项目的投资移民。

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Prepare an EB-1A Petition

For an EB-1A petition, different attorneys have distinct ways to handle it. We would thoroughly evaluate a possible case according to the specific facts of a prospective client and decide whether to represent the client.  If a representation decision has been made, we generally first help our clients collect as much as possible relevant, probative, and credible evidence as per our deep understanding of the pertinent laws, policies, and most recently published cases which we regularly study.  Second, we review carefully every document (including reference letters) that is intended to be submitted to prove our client's eligibility and resolve any inconsistencies or discrepancies among the evidentiary documents, in case there is any.  If an examiner raises any doubt on one of the evidentiary pieces, the credibility of the remaining evidence will be negatively affected, and the examiner might deny the petition in the worst case. Third, we search the internet and check if there is adverse information about our client (and take corresponding steps when necessary) because the examiner may consider the evidence publicly available from the World Wide Web. Finally, we make sure every documentation that is in a foreign language other than English to be translated into English by a competent translator with a certificate of translation in compliance with 8 C.F.R. § 103.2(b)(3). 

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EB-1C

An immigrant visa is available to an alien, who has been employed outside the United States for at least 1 year in the 3 years preceding the immigration petition in a managerial or executive capacity and seeks to enter the United States to continue to render managerial or executive services to the same employer or to its subsidiary or affiliate.  If the alien beneficiary is already in the United States working for the same employer or its subsidiary or affiliate by which he or she was employed overseas, the beneficiary must establish that he or she was employed abroad in a managerial or executive capacity for at least 1 year in the 3 years preceding the most recent lawful nonimmigrant admission.  

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EB-5

EB-5 immigrant investor program (employment-based fifth preference immigrant visa) is one of the paths immigrating to the United States.  Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: 1) make the required investment in a commercial enterprise in the United States; and 2) plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

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EB-1A

There are different paths to immigrating to the United States; EB-1A (employment-based green card under the first preference as an alien with extraordinary ability) is one of them. No offer of employment or labor certification is required for an EB-1A petition; thus, anyone can file such a petition on behalf of an alien with extraordinary ability, including the alien himself or herself as a self-petitioner.

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E-2 Visa

The E-2 treaty investor nonimmigrant US visa permits a citizen of a treaty country, with which the United States maintains a treaty of commerce and navigation, to come to the United States with substantial capital investment in a U.S. business. A treaty investor’s spouses and unmarried children under the age of 21 are eligible for E-2 dependent visas and their nationalities need not be the same as the treaty investor.

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