A comprehensive analysis of the different ways in which employees of offshore companies can travel to the U.S. to work in the U.S.

More and more Chinese companies are choosing to go overseas to the U.S. These companies cover a wide range of fields, including manufacturing, technology, and consumption. For example, at CES 2024, the number of exhibitors from China has increased significantly, demonstrating the innovative strength of Chinese companies in a number of fields. The needs embedded in the overseas initiatives can be elaborated in multiple dimensions: market expansion and growth potential, technology integration and innovation cooperation, international branding, resource optimization and supply chain construction, and gathering of top talents.

The current situation of Chinese enterprises going overseas to the U.S. shows a trend of expanding scale, wide distribution of industries and high demand for talents. And in such a market environment, theOffshore companies face unique pressures and challenges when hiring:

• High cost of time:The recruitment process in the United States is relatively complex, including posting jobs, screening resumes, interviews, background checks, salary negotiations, and many other parts of the process. All of these steps require a lot of time and effort. When hiring U.S. employees, companies need to comply with U.S. labor laws and regulations, including equal employment opportunity, minimum wage standards, and work hour restrictions. This requires companies to conduct rigorous legal compliance reviews during the hiring process, which increases time costs.
• Salary is high:Salary levels in the United States are generally high, and enterprises often need to offer competitive salary packages in order to attract and retain talent. In addition, companies need to pay for social security, health insurance and other benefits for their employees, further increasing labor costs.

And in this case, Chinese companies going overseas need to give their employees a legal working status in order to send them out domestically. The common ways are:H1B and L1 visas.

01 H1B Visa for Employees Going Abroad

H1B worker visaA short-term work visa for foreign professionals to work in the U.S. The employer submits an application to the INS. It can last up to 6 years and can be extended under certain circumstances. H1B visas per yearDrawing timeUsually inMarchThe exact date will depend on the USCIS regulations. (For H1B lottery questions, please move to:Didn't win the H1B lottery? Don't worry, you still have these options!) Applicants need to prepare the relevant documents before the lottery and submit the application within the specified time. After winning the lottery, the following is a detailed summary of the documents that undergraduate and graduate students need to provide in the H1B lottery, and please move to the Common Supplemental Documents and Countermeasures; theCommon Replacements in H1B Petitions and What to Do About Them".

I. Material requirements:

Materials required for undergraduate students

Basic personal information material:

• Scanned copies of all passports (including photo and visa pages)
• Form I-94 (if applicable)
• Copy of EAD card (if held)

Educational background materials:

• Copies of all Bachelor's Degrees (if documents are not in English, they need to be translated into English)
• Copies of all college transcripts (if not an English document, it needs to be translated into English)

Other relevant materials:

• Copy of resume (required for completion, but not usually turned in)
• If currently on a J-1 visa, attach a copy of the J-1 visa and a copy of the DS-2019

Required documents for graduate students

*Graduate students, in addition to providing the same materials as undergraduates:

Since applicants holding a master's degree or higher from a U.S. institution of higher education will have the opportunity to participate in the second round of the 20,000-place High Achiever Lottery after failing to win the first round of the lottery, graduate students will need to pay special attention to copies of their degree certificates (which will need to be translated into English if the documents are not in English)

Also, if the H1B applicant is overseas, the lottery is available every year.

Degree Requirements: First of all, make sure that the applicant's degree meets the requirements of the H1B visa (if the applicant has a domestic degree, he/she is required to do an academic evaluation. Documents required for academic evaluation: degree certificate, degree certificate translated by a certified translator, transcripts, transcripts translated by a certified translator), to ensure that the applicant's degree is awarded by a U.S. accredited school. Relevant academic documents such as degree certificates and transcripts are required.

III. Job Offer: The applicant needs to obtain a job offer from a U.S. employer who is willing to apply for his/her H1B visa.

* A bachelor's degree or higher is required for this job. If applying without a bachelor's degree, each three years of training or work experience in the field is considered one year of bachelor's degree experience under the "three years equals one year" rule. (Typically, 12 years of experience in the field is required.) To qualify, the applicant will need to provide a statement of experience from the employer, documentation of previous work experience, and proof of training or industry qualifications held by the applicant.

For H1B filing tips, please go to: TheEssential Tips for H-1B Applications, Inventory of USCIS Processing Priorities!

02 L1 Visa for Employees Going Abroad

L-1 visas are issued to senior executives or professionals for internal transfers within multinational companies to work in the U.S. L1 visas are categorized intoL-1Arespond in singingL-1BTwo categories.

[L-1A]

For managers or executives of U.S. companies. L-1A visa holders can remain in the U.S. for up to seven years, during which time they may apply for conversion to a permanent green card (EB1-C Multinational Manager Immigration). This visa requires the applicant to have been employed by the Chinese company for at least one year and to be a member of the company's management staff. In addition, the Chinese company must have established a branch office in the U.S. and sent the employee to the branch office to manage the business.

[L-1B]

For skilled professionals in U.S. companies.The L-1B visa lasts for a maximum of five years, but cannot be directly converted to a permanent green card. However, if the professional is promoted to an L-1A manager or supervisor while holding an L-1B, his or her residency may also be upgraded to a maximum of seven years.

If an L1 visa is granted, the applicant's spouse and children can come to the U.S. together on an L2 visa. The spouse can work immediately upon landing in the U.S. and the children can apply for public schooling.

03 Specific Legal Requirements for L-1A Visa Applications

01 Job level requirements

The applicant must be at the managerial level or higher and needs to have the authority to hire and fire employees.

02 Decision-making authority requirements

L1A visa holders need to have substantial influence over the operations of the company, including the ability to participate in major decisions.

03 Multinational Company Qualification

The subject of the application must be a multinational corporation and the multinational corporation is required to file an L1 visa application with the USCIS.

04 Business Plan

If you are a startup and just beginning to come to the U.S. to open a company, submitting a sound business plan is a key part of the L1A visa application. The plan should contain a detailed description of the company's growth prospects, strategy, financial budget and profitability projections, and human resource allocation. The business plan needs to show the viability and and growth potential of the company's business within the United States for at least one year.

04 Specific Legal Requirements for L-1B Visa Applications

Professional Requirements:The L1B visa is for foreign workers with specialized knowledge or professional skills.

Job duties:Applicants must have at least three years of professional work experience.

Work is dispatched internally:The applicant must be an in-house employee sent to the U.S. from an overseas organization and cannot be an outside recruit or new hire.

Proficient in the company's products or services:Applicants will need to demonstrate that they have an in-depth knowledge of the company's products or services and that this knowledge is key to accomplishing their job responsibilities in the United States.

Visa duration:L1B visas are usually valid for an initial period of five years.

Immigration status adjustment restrictions:While in L1B status, an applicant cannot adjust to any other nonimmigrant or immigrant visa status, other than applying for an H-1B visa, etc.

Please note that the above information is based on an overview of current U.S. immigration law and may be adjusted as laws and policies change. Therefore, before applying for an L-1 visa, it is advisable to consult with a professional immigration attorney or relevant organization for the most accurate and up-to-date information.

To summarize, if you send your Chinese company employees to work in the United States, you can choose the most suitable visa to apply for according to your personal situation! Interested parties can contact us for a detailed evaluation!