H-1B status entitles foreign individuals to legally live and work in the U.S. (with renewals) for a total of six consecutive years and, if the specialized employment is continuing, enables the holder to apply for permanent green card status, subject to employer approval.
CTI is fortunate to work with a number of talented, native Mandarin speaking students in the U.S. who possess undergraduate and advanced university degrees in business and technical disciplines from top U.S. learning institutions. Many of these individuals are well qualified for the H-1B visa program, which is granted to talented, specialized foreign workers that have obtained U.S. employment that will not adversely affect the working conditions of similarly employed U.S. workers.
CTI works with China owned family businesses in the U.S. to meet certain specialized criteria established by the USCIS for the foreign individual in the U.S. who is seeking H-1B status.
When required, CTI will help students start a qualifying business. Students can start a company with their parents, other relatives, or a related party in China and qualify for the H-1B visa, provided that there is a legitimate employer/employee relationship. A "legitimate employer-employee relationship" means, among other things, that the employer (e.g. the parents who own the startup company), and not the student, have the right to supervise, direct, and manage the operations, including the ability to terminate the student's employment. There are various types of legal agreements and contracts that are used to establish these USCIS requirements for H-1B status, and CTI can help ensure that the business is properly formed and documented to meet USCIS requirements.
CTI will assist you in developing a plan to form your family-owned U.S.
business and will hire you as co-lead analyst, to work alongside and
assist in cooperation with other CTI, native Mandarin speaking business
analysts in creating a functional business plan for your family business. If appropriate, we will provide assistance with website development, legal and regulatory requirements, marketing, administrative and other functions necessary to implement your business plan.
The business plan that you create with CTI can open the door for immigration by other colleagues (including relatives) in China. For example, the L-1 visa is valid for three years where the individual has worked for the company in China for at least one year. E-2 leases are renewable two-year (up to five year) visas for investors in a U.S. business to enter and work inside the U.S. Typical investments exceed $100,000 and fully capitalize the U.S. business. CTI has access to numerous native Mandarin speaking analysts who can help to run and/or support your U.S. business.
Integration with Mainland China Business
China Trade Institute maintains relationships with many innovative, industry trend setting enterprises in mainland China. Should the H-1B candidate seek a US business opportunity in cooperation with a mainland China business in a relevant industry segment, CTI is in a unique position to coordinate with principals in mainland China and, in appropriate circumstances, to arrange complementary alliances and affiliations.
For example, a postgraduate doctoral student in biochemistry who desires H-1B status in the US, and who possesses the requisite qualifications, may team up with a biotechnology enterprise in China to pursue synergistic opportunities created by the family-owned US enterprise that supports the H-1B candidate. On the other hand, the H-1B family owned business may be as simple as the ownership of a family-owned restaurant(s) featuring Chinese cuisine in a suitable US location(s). China Trade Institute can also work with almost any China small to mediumsize business enterprise ("SME") to facilitate product expansion into Western markets, including the US.
Possible Integration with U.S. EB-5 Visa
The EB-5 Visa provides a method of obtaining a green card for foreign
nationals who invest money in the United States. To obtain the visa,
individuals must invest US$1 million (or at least US$500,000 in a Targeted
Employment Area -- typically a higher unemployment or rural area) that
creates at least 10 jobs for US workers, excluding the investor and their
immediate family. In many instances, the H-1B related family-owned
business can be expanded to meet the parameters of an EB-5 business so that, in addition to the US student and his or her immediate family, parents and other relatives who own the H-1B family-owned business can achieve green card status.