Country：美国（特拉华） · Employment & Visa
United States (Delaware) · Employment & Visa
U.S. employment is flexible with no mandatory local-employee ratio, but foreign postings require work visas. Chinese companies commonly use L1 (intra-company transfer) and EB5 (investor immigration); H1B lottery is difficult. Local hiring is governed by at-will and anti-discrimination laws.
Key points
- L1: intra-company transfer (L1A executive / L1B specialized knowledge), no lottery, requires related foreign company for 1+ year
- H1B: specialty occupation, annual lottery (low selection rate); Chinese companies more stably hire U.S. locals directly
- EB5: investor immigration (currently ~US$800k–1.05M and 10 jobs created), leads to green card
- E2: treaty investor visa — China is not a treaty country, not applicable to Chinese firms
- Local hiring: at-will employment, I-9 identity verification, anti-discrimination
Procedure
- Decide posting (L1) or local hiring
- L1: prove related foreign company and transfer eligibility → USCIS application
- Local employees: I-9 verify identity and work authorization
- EB5: invest and create jobs → conditional green card to permanent
Hard requirements
- L1 requires related foreign company; lawful employment status
Costs
Visa application fee; legal fee; EB5 high investment amount⏱ ⏱ Timeline：L1 weeks–months; H1B per lottery; EB5 years⚠ Common risks
- L1 related-company relationship not genuine → rejection
- H1B not selected → cannot stay in U.S.
- Employment discrimination / compliance litigation
Handbook
📘 Step-by-Step Handbook (with owner / timeline / cost / penalties)
Applies to：Foreign posting and local-hiring employment compliance for Chinese-background enterprises operating in the U.S. (Delaware as place of incorporation, substantive operations in operating state). U.S. employment is flexible with no mandatory local-employee ratio, but foreign postings require work visas.
Prerequisites
- Delaware entity incorporated and in good standing
- Posting path determined (L1 intra-company transfer / local hiring / EB5)
- L1 requires a related foreign company and applicant employed 1+ year
- Local hiring aware of at-will and I-9 identity verification obligations
| Step | Action | Owner | Timeline | Cost | Official form / system | Notes & penalties |
|---|---|---|---|---|---|---|
| 1 | Determine employment and visa path Assess posting (L1 intra-company transfer, no lottery, requires related foreign company 1+ year) vs local hiring (at-will, I-9 verification); EB5 investor immigration leads to green card; E2 treaty investor visa not applicable to China (non-treaty country). | HR + U.S. immigration lawyer | 1–2 weeks planning | Internal cost | Employment and visa strategy | Chinese companies hiring U.S. locals directly is most stable, avoiding H1B lottery. Penalty：Path mismatch → cannot work in U.S. |
| 2 | L1 intra-company transfer application Prove related foreign company and transfer eligibility (L1A executive / L1B specialized knowledge), file with USCIS; applicant must have been continuously employed by the related foreign company for 1+ year within the past 3 years. | Immigration lawyer + applicant | Weeks–months (premium processing available) | Application fee + legal fee | USCIS Form I-129 (L1) | L1 has no country lottery, the main posting path for Chinese firms. Penalty：Non-genuine related-company relationship → rejection |
| 3 | Local employee I-9 verification Hiring local employees requires Form I-9 identity and work-authorization verification within 3 days of hire; comply with at-will, anti-discrimination and wage laws. | HR | Within 3 days of hire | Internal cost | Form I-9 | H1B specialty-occupation annual lottery has low selection rate; prefer local hiring. Penalty：Failure to verify I-9 → penalty |
| 4 | EB5 investor immigration (if applicable) Through EB5 (currently ~$800k–1.05M and 10 jobs created) obtain a conditional green card, converted to permanent after the period; lawful source of funds required. | Immigration lawyer + investor | Years | Investment amount + legal fee | EB5 application | Suitable for executives stationed long-term in the U.S. Penalty：Job-creation shortfall → permanent conversion fails |
| 5 | Employment compliance maintenance Maintain at-will employment documents, wage and hour compliance, anti-discrimination training; renew or change status before visa expiry. | HR + lawyer | Ongoing | Compliance cost | Employment file + visa renewal | L1 has limited validity; plan renewal in advance. Penalty：Employment discrimination / compliance litigation |
✅ Self-check list
⚠ Common pitfalls
L1 related-company relationship not genuine影响：Application rejected, posting fails.规避：Genuine related foreign company and employment record; avoid shell-company packaging.
H1B not selected → cannot stay in U.S.影响：Key position vacancy.规避：Chinese firms prefer local hiring or L1/EB5; do not rely on H1B lottery.
I-9 not verified影响：Employer penalty.规避：Complete I-9 identity verification within 3 days of hire.
E2 misused for Chinese capital影响：China is not a treaty country, E2 not applicable.规避：Use L1 / EB5 / local hiring instead.
Employment discrimination / compliance litigation影响：Damages and reputational loss.规避：Establish at-will documents, anti-discrimination training, wage-hour compliance.
📅 Ongoing post-incorporation obligations
- L1 / other visas renewed or status changed on schedule
- Local employee I-9 and wage-hour ongoing compliance
- Annual anti-discrimination and employment-policy review
- EB5 job-creation compliance check (if applicable)
🔗 Official portals
📎 Source：https://www.uscis.gov ; https://www.dol.gov
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