Individuals who were born in Hong Kong and have a Hong Kong passport maintain advantages over Chinese passport holders when it comes to immigration to the United States. The main advantage is that Hong-Kong is considered a separate “country” or region than Mainland China for U.S. immigration purposes. Additionally, Hong Kong allows dual citizenship, which ensures that those seeking U.S. citizenship will also be able to retain their Hong Kong citizenship.
When applying for a U.S. immigrant visa, the country of birth is extremely important; this is because the country of birth decides the prospective immigrants’ “Chargeability”. “Chargeability” is a term used in U.S. immigration law to describe what country’s quota an applicant’s visa gets charged to; this is an extremely important concept for countries facing retrogression, such as China and India. For example, an individual born in Mainland China who holds a Hong Kong Passport will be charged to China and cannot be charged to Hong Kong unless he or she is a minor child whose parents were born in Hong Kong or his/her spouse was born in Hong Kong.
As mentioned above, Hong Kong is considered a separate “country” for U.S. immigration purposes. Therefore, individuals born in Hong Kong are charged separately than individuals born in China. This is a massive advantage that Hong Kong born applicants have, as Mainland born Chinese nationals’ face extensive wait times due to regression in almost all employment and family-based visa categories; this is even true with the EB-5 visa, which is considered one of the quickest routes to obtain a green card. Accordingly, Hong Kong born applicants (and their spouses and children) can obtain a green card much faster than applicants from Mainland China, India, and Vietnam.
Popular Green Card Pathways – EB-5, L-1A, and EB-1C
The economic success of Hong Kong has led to an explosion of wealth amongst Hongkongers; by some estimates, Hong Kong is home to over 500,000 millionaires. Accordingly, U.S. citizenship is a viable end goal for many residing in the fragrant harbor.
The quickest and easiest way for Hong Kong born applicants to get a green card is through the EB-5 visa. To obtain the EB-5 visa, Applicants must invest $900,000 into an investment project of the applicant’s choice; the visa does not require a minimum level of education, an employment offer, or sponsorship. Due to recent changes in EB-5 adjudication policy announced in January of 2020, (which allows petitions filed by petitioners from countries are not subjected to the visa retrogression be adjudicated first) Hongkongers can expect to have their applications processed faster and a green card will be immediately available. Additionally, bank accounts in Hong Kong are not subjected to Mainland China’s capital control laws, which impose a $50,000 personal allowance for Chinese nationals moving money out of Mainland China. As such, it is relatively easy for individuals to invest in the United States from Hong Kong.
Another pathway to a green card is through the L-1A/EB-1C route; this is a great option for business owners in Hong Kong who work in an executive or managerial capacity. The applicant can be in the United States in a matter of months on the L-1A visa and can eventually obtain a green card by applying for the EB-1C visa (which is relatively similar to the L-1A visa in its required qualifications).
Multi-national companies in Hong Kong can establish an affiliated company in the United States and transfer their employees that are working in a managerial or executive capacity over on the L-1A visa or their employees with “specialized knowledge” over on an L-1B visa. Alternatively, our team also offers pathways for Hong Kong business owners to be matched with a U.S. business that has been vetted and that will meet their unique needs; this route is available to prospective Beneficiaries of the L-1A/EB-1C visa.
If the EB-5 or the L-1A/EB-1C route is not an option, Hongkongers can also apply through more “traditional” routes when you have a job from a U.S. company. Again, Hongkongers enjoy the advantage of no retrogression in almost all employment-based immigrant visa categories.
While all of the above mentioned options are available to Hong Kong born applicants, they are facing increasing scrutiny under the Trump administration; that being said, our team is skilled at finding the option that is right for you and at giving you the best chance for an approval.
Darren Silver & Associates is an award-winning boutique immigration firm based in Los Angeles that has successfully represented both multi-national companies and high-net-worth individuals for over 25 years.
熱門的申請綠卡途徑 – EB-5, L-1A, and EB-1C
通往綠卡的另一條途徑是通過L-1A / EB-1C。這對於香港的企業所有人來以及在公司內任職高層職位的管理人員來說是非常好的選擇。申請人可以在幾個月內獲得L-1A簽證在美國，並且最終可以通過申請EB-1C簽證獲得綠卡（與EB-1C簽證在其所需資格上相對類似）。
如果EB-5或L-1A / EB-1C途徑不適合您，您也可以通過其他“傳統”路線申請，比如通過工作綠卡。同樣，香港出生的申請人在幾乎所有以就業為基礎的移民簽證類別中都享有不排期的優勢。