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TABLE OF CONTENTS - Warner Norcross & Judd LLP

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ImmigrationAll Chinese nationals coming to the U.S. must have a visa. The U.S. issues various types of visas to Chinese nationals.The application process and requirements vary depending on the purpose of the visit to the U.S. While in the U.S.,Chinese nationals may engage only in the activities for which the visa was issued, as described in the visa application.Visas for Tourism or Business Meetings. Visitors, who are coming to the U.S. solely as tourists, or to attend businessmeetings, may apply for a B visa at the U.S. consulate in China which has jurisdiction over their place of residence.The B-1 visa, for business visitors, may be used to attend business meetings, and scientific, educational, professional orbusiness conventions. Applicantsmust demonstrate an intentionto enter the U.S. temporarilyand solely for the purpose ofshort-term business meetings,provide evidence of financialability to cover travel expensesto and during their stay in theU.S., and prove strong social,economic and other ties in theirhome country that will compelthe applicant's return after atemporary and lawful visit.Employment Visas.Chinese nationals whowish to engage in any typeof employment, even for avery short time, must firstfile a petition with the U.S.Department of HomelandSecurity and obtain a documentcalled an “approval notice.”Before entering the U.S.,the applicant must submitthis approval notice to theappropriate U.S. consulate in China, along with the other visa application papers, and obtain a visa whichauthorizes employment.Doing business in MichiganL Visas. If the Chinese national will be providing any type of services to a subsidiary established in the U.S., an Lvisa should be obtained. The L-1A visa requires that the Chinese national has been employed by the Chinese parentcompany, as an executive or senior manager, for at least one year, and be coming to the U.S. to act in a similar capacity.The L-1B visa similarly requires employment for at least one year with the Chinese affiliate, and also requires that theapplicant have highly specialized knowledge or expertise concerning the company’s products which is not available inthe U.S. A Chinese national seeking to invest in the U.S. would normally have to meet the conditions for an L visa to bea manager or executive of the U.S. subsidiary; this may be difficult for a start-up company.19

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