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Category K – Spouse and children of U.S. nationals K-1Fiancé(wife) of a U.S. citizen immigrating to the U.S. Visa Conditions 1. The fiancé(wife) of the Chinese applicant, that is, the U.S. applicant must be a U.S. citizen; 2. The parties must have met within the last two years, unless it can be shown that the religion is from a culture that prohibits the couple from meeting before the marriage, or that meeting would cause extreme hardship to either party, may also be waived; 3. Both parties must be legally able to get married. That is, both parties must be single in their marital status before applying, and the U.S. applicant must meet the legal age for marriage as defined by the local state**.
Chinese applicants can not reach the legal age of marriage in China, and generally in the United States, they can marry at the age of 18. U.S. citizens and Chinese citizens who are 18 years old can apply for a K1 visa; 4. The U.S. citizen is willing to provide financial guarantee for the Chinese applicant, and the Chinese applicant's life in the United States will not be caused by the public burden to the United States; 5. The K1 visa must be applied to the USCIS processing center in the U.S. citizen's place of residence.
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1. Have a high status (senior personnel above the manager, not middle managers, that is, not first-line managers.) Middle managers should apply for an L-1B or H1B visa. )
2. Have the right to hire and dismiss the company's personnel.
3. Have the right to use the company's funds.
4. Have the right to sign a contract.
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The U.S. L1 visa, also known as the senior manager visa of multinational companies. It is a non-immigrant visa that is issued to senior executives of foreign companies in the United States. Literally, it feels like the threshold is very high, but in reality, the actual threshold is not high.
As long as there is a properly registered company, it is generally not less than 3 years. If you do it the right way, you will generally succeed. Applicants can choose between two types of visas, L-1A and L-1B:
L-1A Visa: General Manager, Executive, Manager, Marketing Manager, etc. L-1B Visa: Skilled Professionals, Architects, Engineers, Lawyers, Doctors, Teachers, not limited to these occupations.
U.S. L1 Visa Application Requirements:
1. The U.S. company must be a branch of the Chinese company;
2. The applicant must have worked full-time in the head office of China for more than 1 year;
3. The applicant must be a manager-level executive (L-1A) or a person with specialized knowledge (L-1B);
4. The applicant's position should be related to his education and work experience, and a certificate must be submitted;
5. The applicant must have worked full-time in the United States for more than 1 year;
U.S. L1 Visa Application Process:
1. Fill in the assessment** to assess the feasibility of the applicant's L1 visa.
2. Sign the contract.
3. Submit relevant information as required.
4. L1 application is submitted by a foreign registered company.
5. Receive the interview notice.
6. The company conducts pre-interview training for applicants.
7. Embassy interview.
8. L1 visa will be issued for physical examination.
9. After one year of normal operation, the company submits the EB1C immigrant visa to the Immigration Bureau.
10. Successfully obtain an immigrant visa.
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In a nutshell, if you want to apply for an L1 visa:
First of all, it is necessary to find an agency to assist in the preparation of materials;
Complete the entire set of application materials and submit them to the lawyer for review;
The lawyer collates the materials and submits them to the Immigration Bureau for review;
The Immigration Bureau reviews the results, and if there is no supplement, it is a smooth approval;
If you are in China, you will be interviewed at the domestic embassy for L1.
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Legal Analysis:1The Chinese company (parent company) is real; 2.
The applicant has worked for the parent company for at least one consecutive year in the three years preceding the L1 visa application; 3.The applicant is engaged in management work in the parent company; 4.The actual existence of a branch, subsidiary, or affiliate in the United States; 5.
The applicant is engaged in managerial work in a company in the United States.
Legal basis: Law of the People's Republic of China on the Administration of Exit and Entry Article 9 Chinese citizens entering or leaving the country shall apply for passports or other travel documents in accordance with the law. Chinese citizens traveling to other countries or regions also need to obtain a visa or other entry permit certificate from the country to which they are traveling.
However, except for the mutual visa exemption agreements signed by China and other countries, or as otherwise stipulated by the Ministry of Public Security or others.
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The L1A visa is a non-immigrant U.S. visa at the time of application, however, according to the relevant provisions of the U.S. immigration law, the holder of the L1 visa and his family members can change their immigration status and directly obtain permanent residence in the United States within a certain period of time. During the visa application process at the consulate, the consular officer may not refuse the visa on the grounds that the applicant has immigrant intentions, because the L1 category of the visa gives the applicant the freedom to immigrate or not to immigrate under immigration law.
1) The L1 application conditions are as follows:
1. There must be a company in China, the company must be in normal operation, the general registration time is not less than two years, and there is no industry restriction;
2. The applicant has worked in a Chinese company for more than one year and must be an employee of the company's management (no individual income tax is submitted);
3. Register a branch in the United States in the name of a Chinese company and send the company's employees to the branch to manage the business.
The L1 visa is valid for seven years, after which you can apply for a green card.
2) L1 Advantage:
1. There are no investment requirements for applicants.
2. L1 visa holders can apply to obtain a green card through EB1. The applicant is required to conduct his or her own business in the United States and employ more than 810 U.S. legal workers.
3. L1 visa holders can use their own funds to invest in projects in the United States to create jobs in exchange for permanent residency, and can manage their own investments and make relevant decisions.
L1 visas can be divided into multiple entry visas or one-time visas, and after L1 comes to the United States, you can apply for first preference immigration after one year, without the need for complicated labor certification approval, and there is no need to wait for a green card bulletin, and of course, there is no so-called quota limit. Therefore, the L1 visa is not only a shortcut for business people and related personnel to come to the United States, but also opens up another way to obtain a green card.
Legal basis
Meet the visa application requirements set forth in the U.S. Immigration and Naturalization Act (INA).
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1.The beneficiary must have worked for an affiliate outside the U.S. for at least one consecutive year in the three years preceding the petition. The time spent working in the U.S. for a multinational company and a short-term business trip to the U.S. for a multinational company does not count as interrupting the continuity of work for a year, but it does not count toward a one-year period of work abroad;
2.The beneficiary must hold a senior manager or executive position in the U.S.-based multinational corporation;
3.It is not enough for the job title to include the word "manager" or "supervisor", the job description must meet the requirements of the legal definition.
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