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HONG KONG AND OVERSEAS IMMIGRATION

A) Admission of Mainland Professionals Scheme
....( For Mainland University Graduates )

......Starting from 1st June 2001, the Hong Kong Government has implemented the Admission of Mainland Professionals Scheme. The Scheme is to attract qualified mainland professionals to work in Hong Kong in order to meet local manpower needs. The mainland professionals must possess skills and knowledge not readily available or in shortage locally. Admitted professionals must be able to contribute to the operation of the firms and sectors concerned with a view to facilitating economic development in Hong Kong.

......The candidate should have a good education background, normally possessing a first degree in the relevant field. In special circumstances, good technical qualifications, proven professional abilities and/or relevant experience and achievements supported by documentary evidence may also be considered. The job offered must be relevant to the candidate's academic qualifications and working experience.

......It normally takes 4 weeks to complete an application subject to the submission of all necessary documents. A successful candidate will be issued with a self-adhesive entry permit label. After receiving the label, the mainland resident should also apply for an Exit-entry Permit for Travelling to Hong Kong and Macau (EEP) and a relevant exit endorsement before coming to Hong Kong for employment. It normally takes half month to process one application.

......The professional may apply for change of employment one year after admission provided he continues to fulfil the eligibility criteria. Upon completion of 7 years continuous ordinary residence, the professional may apply for the right of abode in Hong Kong, not being affected by the One-Way- Permit quota.

......Apart from obtaining offer of employment, the candidate shall provide us with the following documents: -

1.a copy of travel document, if any, with ample validity for returning to country of domicile;

2.a copy of service contract or letter of appointment showing details of post, job duties, salaries and other fringe benefits;

3.curriculum vitae together with proofs of academic qualifications ( including university graduation certificate, certificate of professional qualifications, etc.) and experience relevant to the post or evidence of special achievements/abilities; and

4.mainland residents (including those who are working or studying in Hong Kong) are required to produce a copy of mainland identity card and a letter of consent from their present working units or the relevant mainland authorities where their records are kept agreeing to release them to work in Hong Kong


B) The Admission of Talent Scheme
....( For Mainland Postgraduates )

......The objective of the Admission of Talent Scheme is to attract persons from outside Hong Kong with expertise and skills not readily available locally to come to Hong Kong for employment. They must be able to enhance the competitiveness of our economy as a manufacturing or services centre, particularly in knowledge-intensive, high value-added activities.

An employer may decide on the number of candidates to be admitted under the Scheme for his company to drive the growth in technology or knowledge-intensive activities. We list out below some indicative areas of sectors in which candidates may be admitted.

1.Improved technology to enhance Hong Kong's existing strengths - e.g. information and communication technologies, electronics, advanced manufacturing technologies, product design, packaging design and supply-chain management;

2.Distinct competitive advantages in view of Hong Kong's position relative to the Mainland - e.g. health food and pharmaceuticals based on Chinese medicine and Chinese language based software;

3.Creation of synergy with existing industrial clusters - e.g. multi-media technology for information and entertainment industries, materials technology for textile and garment, plastics, as well as metal and construction industries; and

4.Technical competency to solve problems -e.g. civil engineering telecommunications and environmental technology.

......The candidate should have a good education background, normally a doctoral degree in a relevant field from reputable institutes, or he is able to produce documentary evidence on his extraordinary abilities or achievements, e.g. publications, research studies or experience which are not readily available locally. He should also have proven research experience in relevant areas with recognized institutes, or proven working experience in relevant areas with reputable firms.

......There must be a confirmed offer of employment with a reasonable remuneration package including income, accommodation and other fringe benefits commensurate with market rate. The candidate should be employed in a job relevant to his academic qualifications or abilities.

......It normally takes 3 weeks to complete the processing of an application subject to the submission of all necessary documents

The candidates are required to provide us with the following documents: -

1.photocopies of travel document, if any, with ample validity for returning to country of domicile;

2.a copy of service contract or letter of appointment showing details of post, job duties, salaries and other fringe benefits ( if you manage to secure a job yourself );

3.curriculum vitae together with proofs of academic qualifications ( including university graduation certificate, certificate of professional qualifications, etc. ) and experience relevant to the post or evidence of special achievements/abilities;

4.mainland residents are required to produce a copy of mainland identity card and a letter of consent from their present working units or the relevant mainland authorities where their records are kept agreeing to release them to work in Hong Kong; and

5.post-graduate students should submit testimonials from the relevant department/faculty head of their university in support of their application.

......Successful candidates will be issued with a self-adhesive entry permit/visa label which should be affixed onto a blank visa page of the candidates' travel documents for presentation to the immigration officer upon arrival in Hong Kong. Those who are residents in the mainland ( including those who are currently residing in Hong Kong or Macau on a temporary basis ) should apply for an Exit-entry Permit for Travelling to Hong Kong and Macau ( EEP ) and an appropriate exit endorsement from the Public Security Bureau ( PSB ) office located at a place where their household registration is kept. The Hong Kong government will periodically provide a list of successful candidates to the mainland authorities to facilitate the candidates' applications for EEPs and exit endorsements. The PSB in the mainland will normally take 15 working days to process an application.

......Successful candidates will normally be granted employment entry permits/visas with an initial stay of 12 months upon entry. The candidates may apply for extension of stay before their limit of stay expires. Such applications will be considered only when the admitted candidates continue to meet the eligibility criteria for admission under the Scheme. Extension of stay, if approved, will normally follow the 2-2-3 years pattern. Upon completion of 7 years continuous ordinary residence, they may apply for the right of abode in Hong Kong.

......Change of employment within the first year after entry will not normally be considered. This restriction will be lifted afterwards provided that they are employed or self-employed in the relevant fields and continue to fulfill the eligibility criteria.

......The candidate's spouse and unmarried dependent children under 21 years of age may also be admitted under the Scheme.


C ) Hong Kong Employment or Investment Visas
.....( No minimum education requirement )

......PRC passport holders who are permanent residents of another countries or have been residing overseas for more than one year may apply for Hong Kong employment or investment visas. Please contact us for more details.


D) Transfer of Foreign Employees To the United States
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 L-1 Intracompany Transferee

Most executives, managers and employees with specialized knowledge can come to work in the United States using the L-1 Intracompany transferee visa. 

 Which Companies Qualify to Transfer Employees to the United States With an L-1 Visa?

Only those companies which exactly meet the U.S. Immigration Service¡¦s definitions of a parent, branch, subsidiary or affiliate qualify to petition for an L-1 Intracompany transferee visa. Both the foreign and U.S. operations must be doing business for the entire time that the L-1 employee is working in the United States. There are provisions to allow a new office to open in the United States provided that evidence is submitted to the U.S. Citizenship and Immigration Services to prove that the new office has a suitable place to do business, there is a qualifying business structure, and the employer has the ability to pay the employee and begin doing business in the United States.

 Which Employees Qualify as L-1 Intracompany Transferees?

Intracompany transferees are executives, managers or employees with specialized knowledge.  The definition of manager includes an employee who manages an essential function of the business within a qualifying organization.  Specialized Knowledge Employees must have special knowledge of the organization¡¦s product, service, research, equipment, management, or other interests, and its application in international markets, or an advanced knowledge or expertise in the organization¡¦s processes and procedures. 

A key qualification for all employees is continuous employment abroad by a qualifying foreign employer for one year within three years proceeding the time of the employee¡¦s application for admission into the United States.

How Long Can L-1 Employees Remain in the United States?

The L-1 is a temporary visa with specific limitations on periods of stay in the United States.

   1)If the employee is qualified as a manager or executive, he or she may remain in the          United States for up to seven years.

   2)If the employee is classified in the specialized knowledge category, he or she may stay up to five years.

 How Does the Company Get an L-1 Visa for its Employees?

A petition for an L-1 visa must be filed by the company with the U.S. Citizenship and Immigration Services Service Center having jurisdiction over the place of intended employment.  Except for a company which is opening a new office in the United States, the initial petition may be granted for a three-year period and renewed in two-year increments up to the maximum permitted stay.  New offices are limited to an initial twelve month period with extensions depending on the business performance of the new office.  Once the petition is approved, the employee may apply for an L-1 visa at a U.S. Consulate abroad.  If the employee is in the United States and maintaining some other legal status, he or she may apply for a change of status in the United States.

Spouses and unmarried children under 21 years old of intracompany transferees may be granted L-2 visas.  An L-2 visa holder is permitted to work in the United States after obtaining an Employment Authorization Documentation.

Permanent Residence (Green Card) for Executive and Managerial Intracompany Transferees (EB1 Category)

Intracompany Transferees working as managers or executives sometimes referred to as a multinational manager or executive, can qualify for a priority application for permanent residence in the United States. To qualify the applicant must be an alien who in the 3 years preceding the time of the foreign national¡¦s application for classification and admission into the United States, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary, and who seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate in a capacity that is managerial or executive.

In plain terms, this provision entitles a transferring manager or executive to enjoy first preference benefits as a priority worker if employed for at least one year out of the last three by the same firm or its subsidiary or affiliate.  In addition, although the application can be prepared in advance, it is required that the company in the United States be in existence for 1 year before the Permanent Residence application can be submitted to the U.S. Citizenship and Immigration  Services.  Because of the parallel need, this provision is designed as a counterpart to the L‑1 provision, except that ¡§specialized knowledge¡¨ personnel are not included within its category. 

 

E) Overseas Immigration ( Australia, New Zealand, Canada & USA )
.... If you are interested, please contact us for more details.
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