Published on the World Journal Weekly on July 31, 2016

Q&A 1

Applying for EB-5 investment, how do I get the money out of China?

I came to the USA on a ten-year visit visa from China, looked around, and decided to do a direct investment for EB-5 investor green card. How can I get the money out of China since there is a currency restriction?

Dear reader,

The currency restriction of China is $50,000 USD per year per person to send money out of China. EB-5 investors have been utilizing the services of friends and relatives to send up to the required amount of investment from China. We understand that there may be a restriction of how much can be transferred outside of China to any one account at this time. The solution appears to be sending funds to multiple accounts outside of China. The China restrictions have come about largely because of the Chinese government’s fear of large amounts of money leaving the country in reaction to the stock market chaos in that country earlier this year and the public’s fears that the economy is not as stable as before.

Q&A 2

Heard from Others That We Can Get Green Card Through Setting Up Company and Using L-1 Visa. Please comment.

We hear that people born in China can now expect to wait four years or more to get the green card through EB-5 investment, but that the road to the green card through L-1 visa takes about a year. Can you tell us if this is true? We’re thinking of setting up a small company (2-4 people) in the U. S. which will be a subsidiary of our 500 person company in China.

Dear reader,

The plan of setting up a small company of that size may be OK for a start, but will normally not be sufficient to grant the green card through L-1 visa as executive or manager and later application for permanent residence as a multinational executive/manager. The requirements for L-1A/Multinational manager or executive are that the U. S. company and China company be connected as one either affiliates or subsidiaries; that the applicant has been a manager or executive with the overseas company for at least one of the past three years prior to the petition being filed; and that the position in the U. S. be one that requires a managerial or executive employee. For new offices, U.S.C.I.S. will examine all the paperwork including the business plan to determine whether to approve the petition for one year. Prior to the one year expiration time, the U. S. company must file for an extension showing that it has grown in revenues and employees to justify the need for an extension. Individuals will generally wait until the extension is approved before applying for permanent residence. An extension petition with immigration may take anywhere from 2 months to over a year although premium processing is available under which U.S.C.I.S. will reach the case for adjudication within 15 business days of filing. The additional U.S.C.I.S. fee for an expedite is $1225. Application for the green card is made on form I-140 Immigrant Petition for Alien Worker and can be filed concurrently with form I-485 Application for Adjustment of Status to Permanent Residence. A combination filing would usually take less than a year to adjudicate. There is no premium processing for green card application based on multinational executive/manager.

Q&A 3

Questions Concerning Reentry Permit Holder Out of U. S. Extensively.

I am a green card holder from China but I have not yet applied for citizenship.  My questions are concerning reentry permit.  I immigrated to the U.S. in 2004 and worked in the U.S. for 8 years.  Due to health issue, I applied for reentry permit from 2012 to 2013 and went back to China for 1.5 years.  After 1 plus year in the U.S., I applied for reentry permit again.  In the end of 2014 after fingerprinting, I went back to China.  My family forwarded my reentry permit in 3/2015 and the valid day is 2/2017.  My questions are:

  1. Should I return to the U.S. the end of 2016 or I can return before the 2/2017 due date?

  2. Will I be investigated on my entry by the Customs and Border Protection?  

  3. What to prepare in order to not encountering problems?

Dear reader,

  1. According to your fact situation, you left the U. S. at the end of 2014 and your reentry permit is good until the end of February 2017. Even with a reentry permit, you are only allowed to be outside the U. S. for less than 2 years. You should return to the U. S. by the end of 2016, ensuring that your stay outside the U. S. on this trip has not been 2 years.

  2. You may have less problems with U. S. Customs and Border Protection if you return on time or even months before 2 years. Whether you are seriously questioned by CBP depends upon the officer who inspects you.

  3. Having proof of the temporary reason for which you are back in China for so long on this trip and of ties and bonds that you have here in the U. S. such as ownership of property, bank accounts, memberships in associations and clubs, driver’s license or state identity cards, payment of U. S. taxes, U. S. credit cards, etc., may be helpful.


Copyright © 2003-2017 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.


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