海外移民模板

FAQ

As long as the investor's investment project is in a specific employment area, it can be invested at the rate of US$800,000. Whether an area is a "high unemployment area or a remote area" shall be determined when the investment amount is remitted to the invested enterprise.

The so-called "distressed enterprise" refers to an enterprise that has been in business for more than two years and whose net operating loss has accounted for more than 20% of the company's net worth in the last 12 to 24 months.

Do investors and their dependents count as employment?

No. They can legally work in the investment enterprise, but they cannot be counted as the number of job creation.

Can an investment company hire personnel or intern students with work visas and work permits?

These people can be hired to work at the business, but they don't count towards the 10 full-time jobs.

In what ways can investors invest?

Investors can invest through personal direct investment, or investment immigration regional center projects.

What is personal direct investment?

The method of personal direct investment means that investors choose investment projects in the United States, conduct market analysis and feasibility investigation, formally establish a company, invest funds in their own enterprises, directly hire 10 employees, and carry out business operations of the company. Must play an active role in the management decisions of new ventures. For example, do daily management supervision, or participate in the formulation of policies (serve as director of the board of directors, president, general manager, etc., or exercise corresponding rights and responsibilities in limited partnerships, etc.).

What is the way to invest through the Immigrant Investor Regional Center program?

Investment through the investment immigration regional center project includes three factors:

(1) Investment immigration regional center, which refers to a private company approved by the US Immigration Service that can absorb foreign investors' funds for construction projects and allow investors to apply for immigration through their projects. The center first prepares a detailed investment plan and submits an application to the Immigration Bureau for the establishment of a regional center. After the Immigration Bureau reviews and approves them, they will be eligible to carry out investment projects with funds from foreign investors as the source of funds.

(2) The investment project of the regional center of investment immigration, which means that the center can continuously develop investment and construction projects under its management after being qualified for investment immigration. The scope of the project is very wide, ranging from the construction and transformation of industrial infrastructure, supporting facilities of airport terminals, energy generation, medical care facilities, freight transfer centers, high-end hotels, commercial centers, mid-to-high-end apartment houses, etc. At present, regional center investment projects are mainly established in a specific geographical area of the United States, so the investment amount is basically 800,000. For example, the CMB Investment Immigration Regional Center, which is currently in the leading position in the investment immigration regional center, has developed 79 projects.

(3) The investor chooses the investment immigration regional center and its projects, signs an investment agreement with the center, and invests the funds in the selected project. The center is responsible for the management and operation of the project, and the investor does not need to participate in the daily operation of the project Management, using the project to apply for immigration. After obtaining the green card, withdraw from the project in 5-6 years according to the investment agreement signed with the center, and get back the investment amount according to the contract.

What is the main difference between personal direct investment and using the investment immigration district center project?

The main difference between the two is the method of job creation. Individual direct investment must actually hire at least 10 employees, pay employees salaries according to the wage standards of the state where they are located, and withhold relevant taxes, and also participate in the daily operation and management of investment projects, or participate in the formulation of company policies and policies. However, regional center projects generally do not need to directly hire employees directly, and can calculate job creation through the economic model of indirect job creation (currently commonly used models are RIMS II and IMPLAN), and investors do not need to participate in regional center investment projects. Daily operation and management.

Can investment immigrants have risk guarantee clauses to ensure that the principal will not be lost?

No. According to the relevant provisions of the immigration regulations (8 C.F.R. §204.6(j)(2)), the investment of immigrants in the United States must be a risk investment, and there cannot be any direct, indirect or implied risk-free guarantee, full equity repurchase, principal full refund, or other similar promises or agreements. The legislative purpose of this provision is mainly to urge investors to work hard to successfully operate the investment project; rather than to make superficial investments just to obtain a green card, thus ignoring the legislative purpose of promoting the development of the US economy and creating job opportunities.

What kind of business entities can investors invest in?

The form of a business entity can be a sole trader, limited partnership, sole proprietorship, joint venture, corporation, etc. The investment enterprise must be a "new enterprise", that is, a US for-profit enterprise established after November 29, 1990. An enterprise established before November 29, 1990 can also be regarded as a "new enterprise", but the following conditions must be met: the investor After purchasing the enterprise, it must be substantially reorganized, rebuilt, and transformed into a new commercial enterprise; or after additional investment, its net asset value or number of employees must be increased by 40%.

Is it possible to set up a non-profit organization to handle investment immigration?

No.

Does my purchase of real estate in the United States meet the requirements of investment immigration?

No. The mere purchase of real estate does not constitute investment immigration, as a key requirement of investment immigration is job creation. If the investor does not use the real estate to actively carry out the subsequent business operation of employing employees after purchasing the real estate, the Immigration Bureau usually regards it as a negative investment (Negative Investment). Such as purely investing in the purchase of land or building private residences, it is generally regarded as passive investment and does not meet the requirements of investment immigration. However, if the purchase of land to build restaurants, hotels, commercial/tourist centers and other facilities and the resulting commercial activities of employing employees, then Meet investment immigration requirements.

What qualifications do individual investors need to have?

Investment immigration applicants must prove that they have sufficient investment funds, that is, at least US$800,000 or US$1.05 million (depending on the investment project and region), and prove that the funds are obtained through legal channels, which is what the industry calls The legality of the source of funds. That is to say, just having 800,000/1.05 million US dollars in your bank account or equivalent to 800,000/1.05 million US dollars in RMB) does not mean that it is legally obtained by you. You must provide relevant supporting documents to show that the money is how to get it.

Does the Immigration Bureau have requirements for investors' education, work experience and language?

None. The key requirement is that it has legally obtained funds. In short, an individual qualifies as an investor as long as they have money and can prove that the money was obtained legally.

Why is it necessary to prove the legality of the source of funds?

The main purpose is to prevent drug smuggling and money laundering, stop criminals from transferring black money into the United States, and obtain permanent residence status in the United States through investment immigration.

How to prove the legitimacy of the investor's source of funds?

Investors can prove it through the following aspects (but not limited to): personal salary income, investment income, real estate sales, stock transactions, inheritance, gifts from relatives and friends, loans, judgment compensation obtained in judicial proceedings, bank mortgages, Loans, etc.

Is there an age requirement for investors?

None. The author raised this issue at the Immigration Bureau's investment immigration work meeting on March 16, 2010, and then sent a letter to the Investment Immigration Office, asking them to confirm the investor's age requirements. Both the on-site reply and the telegram response from the Immigration Bureau indicate that the immigration law does not impose any requirements on the age of the investor. However, if the investor is under the age of 18 (minor), from the perspective of contract law, he may not have the ability to sign legal documents alone. When signing investment immigration application documents and other investment-related contract documents, A guardian may be required, or other documentation to demonstrate the ability to sign legal documents on their own. If the application is made in the name of the child, the author suggests that it is safer to make the application after the child reaches the age of 18.

Can a child over the age of 18 who is currently studying in the United States or China file a separate application for investment immigration?

Yes.

Can parents be included when children apply for investment immigration?

No. Parents cannot be included in a child's application. But when the child obtains a green card and becomes a naturalized U.S. citizen after 5 years, he can apply for a green card for his parents on the basis of relative immigration.

The child is still studying in school and has no source of income. How to prove his source of funds?

You can prove your source of funds by gifting from your parents. Since it is a gift from parents, parents must prove the legitimacy of their source of funds.

What is the concept of one person applying for family immigration?

This means that after the main applicant (father or mother)'s investment immigration application is approved, his spouse and unmarried children under the age of 21 can obtain a green card together and immigrate to the United States.

Can children over 21 years old but unmarried apply for immigration together?

No. The interpretation of the definition of "Children" in immigration law is under the age of 21 and not married. Only children can immigrate with their parents. If the child is over 21 years old, or under the age of 21 but married, according to the definition of immigration law, he/they become Son and Daughter, and are no longer considered "Children" (Children), so they cannot apply for immigration with my parents.

If children cannot apply for immigration with their parents, how can they obtain green cards?

They have to wait for their parents to obtain a green card and then apply for them separately in the form of relative immigration, that is, the second priority (2-B) category of relative immigration.

I am currently an F-1 student in the United States, can I apply for investment immigration? After submitting this application, will my entry and exit from the United States be affected, and will my F-1 visa be affected?

Even if you are a student, you can apply for investment immigration. Once your I-526 investor immigrant petition is approved, you can adjust your student status to permanent resident status. In the process of submitting the application and waiting for approval, if your F-1 visa has not expired, as long as you are studying in school normally, there should be no problem entering and leaving the United States. However, if the F-1 visa has expired, going to the consulate to apply for the F-1 visa may be denied, because the student cannot have the intention to immigrate. If it belongs to the latter, it is recommended that you do not return to China for the time being, and wait until you obtain a green card, or obtain an Advance Parole while waiting for a green card, and then go back. Since the current F-1 student visa in China is valid for 5 years, if you apply early, you should be able to wait for a green card during this period.

I am currently in H-1B status in the United States, can I apply for investment immigration? After submitting this application, will my entry and exit in the United States be affected, and will my H-1B visa be affected?

It will not be affected in any way, because the immigration law stipulates that H-1B visas can have immigrant intentions.

After my I-526 investor immigrant application is submitted to the USCIS, can I enter and leave the United States with a business/tourist visa while waiting for approval?

Under normal circumstances, if you have a definite return date and a definite business inspection arrangement or sightseeing travel plan, you should be able to continue to use the existing tourist/business visa to enter and exit the United States. However, after submitting the I-526 application to the Immigration Bureau, your immigration application has been recorded. If you are asked whether you have filed an immigration application when you enter the country, you should answer truthfully. At present, none of our guests has been refused entry because of this. But the border customs has the right to allow or refuse your entry.

How does the investor immigration application process work and how long is the waiting time?

The application process for investment immigration includes the following stages:

The investor submits the I-526 investment immigrant application form to the USCIS, as well as supporting documents such as the investment project and the legality of the source of funds, clearly proving that the investment application meets all EB-5 requirements.

After the I-526 investor immigrant application is approved, if the applicant is in China:

The USCIS transfers the I-526 approval notice to the US State Department's National Visa Center (NVC) for immigrant visa processing.

After the NVC trial, the case will be transferred to the US Consulate in Guangzhou for an immigrant visa interview. After passing the interview, the consulate issues the immigrant visa.

The applicant enters the United States with an immigrant visa, fingerprints are taken at the airport, and after taking a photo, the Immigration Bureau issues a conditional green card (also called a temporary green card). Generally, you will receive your green card from the Immigration Bureau within 1 to 3 months after entering the country.

After the I-526 investor immigrant application is approved, if the applicant is in the United States:

Applicants file an I-485 application to adjust status (change from nonimmigrant status to immigrant status) directly with USCIS. If applying for adjustment of status in the United States, an interview is generally not required. After the USCIS approves the conditional green card, it will be sent directly to the applicant or his attorney.

While submitting the I-485 adjustment of status to the USCIS, you can also submit the application for the work permit and the return permit. While waiting for the green card, the applicant can work legally and enter and exit the United States at will.

The processing time of the Immigration Bureau and the National Visa Center will be adjusted at any time according to the number of application cases. If the number of investment immigrants exceeds 10,000, the time for applicants to wait for immigrant visas or adjust their status will be greatly extended.

If one spouse applies for an investment immigrant green card, but the other spouse does not apply for a green card together with him, will this affect the green card application of one of the applicants?

No effect.

If the husband or wife wants to apply for a green card in the future, is it possible and how to do it?

Yes. If you want to apply for a green card within half a year after the husband or wife obtains the immigrant visa, you can apply by accompanying them to the United States. If it is more than one year, you can apply by accompanying them to the United States.

Do I have to live in the city or state where the immigrant investor program is located after I get a green card?

No. You can live, study and work anywhere in the United States.

What is the proportion of the total investors who apply for a green card through the investment immigration regional center project and those who apply for a green card through direct investment?

According to the statistics of the Immigration Bureau, 95% of applicants apply for green cards through investment immigration regional center projects; 5% of applicants apply for green cards through their own direct investment.

Why do most investors apply for green cards through projects in regional centers?

This is mainly considered from the perspective of investment risk, business management and job creation. Theoretically speaking, individual direct investment should be relatively safe and secure for investors to directly manage and control their own funds and project operations. But there are also many difficulties in the actual management and operation process. Most investors do not understand English, are not familiar with American laws and culture, labor relations, and employment relations. If the investment project is not their own professional field, it will be even more difficult. Most difficult is the question of job creation. Because the immigration law requires that in addition to investing 800,000 or 1.05 million, you must directly hire 10 full-time employees, and these jobs must be maintained until the green card becomes a regular one. Just maintaining the salaries and related taxes of employing 10 employees may require hundreds of thousands or even millions of funds. A newly established enterprise may not need 10 people at the beginning or in the initial stage or throughout the operation. In this case, it is a heavy burden to employ 10 people to meet the requirements of job creation. If the company cannot be run well, at least it will be maintained until it becomes a full-time employee and obtains a formal green card. If the green card cannot be obtained, the risk of not recovering the investment is also very high.

If you apply for a green card through the investment immigration regional center project, investors do not need to personally participate in the daily operation and management of the project, nor do they need to worry about creating job opportunities and hiring employees. A regional center may demonstrate compliance with this requirement through indirect job creation methods. However, if you invest directly by yourself, you must actually hire employees. Moreover, most of the managers of investment centers have experience in investment management and project development. The projects of the regional center are generally in the area of 800,000 yuan. Investors only need to invest 800,000 yuan, and the principal can be recovered according to the investment agreement after 5-6 years. Although in theory, it is risky to entrust the money to others for management, worrying that it will be difficult to recover the principal, but if you carefully choose a reputable investment center and carefully review its projects, you can minimize the risk. Since 2007, the Immigration Bureau has increased its emphasis on investment immigration, re-examined and registered the original investment immigration regional centers, and required each regional center to report its operation to the Immigration Bureau every year. Those who fail to pass the qualification will be cancelled. , and included in the deregistration form of the USCIS. At present, there are quite a few regional centers that have done well. Their investors’ conditional green cards and regular green cards have been approved, and the principal of early investors has been returned.

What aspects should investors consider when choosing an investment immigration center and its projects?

Investors need to understand the history of the investment center, the years of establishment, the background of the person in charge of the center, the background of the immigration lawyers in the center, how many investment projects the center has developed, the approval rate of the conditional green card for each project, and the conditional green card Approval rates for regularization, whether projects developed earlier have had their principal returned, and whether the center is still on the USCIS approved list. The center has to report its business situation to the Immigration Bureau every year and receive the annual review of the Immigration Bureau. Unqualified centers will be canceled by the Immigration Bureau and put on the cancellation list. Generally speaking, the longer the center has been established, the more projects it has developed, and the higher the green card approval rate, the richer its experience and the more reliable it will be.

On the other hand, for each project of the center, it is necessary to pay attention to the regional environment of the investment project, the field and category of the investment project, the reputation and history of the developer, the start and completion time of the project, whether there is government participation, the government Investment, developer, project owner and investment immigrant's capital contribution ratio, if the loan is also financed through a financial institution, the loan ratio of the financial institution. If a project is mainly funded by investment immigration applicants, the risk is relatively high, because if not enough investors are recruited, the construction funds for the project will not be in place, resulting in a shortage of funds, and the project will be difficult to complete as planned. If the project has multi-faceted sources of funds, and the funds of investment immigration applicants only account for a part of the investment, generally no more than one-third, or one-half, the project is more reliable. Because if there are not enough investors to recruit, the construction project can also make up funds through other sources. For details, please refer to how to choose the investment immigration regional center project.

Some investment project marketing materials or advertisements claim to guarantee the return of investors' principal or other in-kind returns. Does it meet the legal requirements?

No. According to the law on investment immigration, all investment immigration projects, whether direct investment by individuals or regional center projects, must be venture capital investments without any direct, indirect or implied guarantees. This kind of publicity should not be written in the final approval document submitted to the Immigration Bureau, otherwise the Immigration Bureau will not approve it.

Is there any risk in investing in a project through an investment immigration regional center?

No matter what kind of investment there are risks, investment immigration is no exception. The key is to see how likely the risk is. For example, just like air travel, there is an accident risk, but in today's increasingly advanced high-tech situation, this risk is negligible. For regional center projects, it is only necessary to carefully analyze and study the center and its projects in advance, check the history of its development projects, records of successful cases, and records of investment repayment, and even invite investment experts to conduct risk analysis. An experienced lawyer can minimize the risk. In jargon, it means that there is a possibility of risk, but it does not mean that risk will happen. Of course, investors must also have the financial ability and psychological ability to take risks. Otherwise, apply for immigration through other channels.

If using the investment immigration regional center program, how long is the investment period in the program?

Depending on the regional center's business plan and investment agreement, generally 5-6 years. This is only a scheduled time. Some centers will return the investment funds in advance if the funds are returned quickly after the conditional green cards of all investment immigration applicants have been converted.

When the investment expires, can the applicant recover the original investment amount? How to withdraw from the project and get back the investment money?

Whether the investment amount can be recovered involves the issue of investment risk, and the possibility of profit and loss coexists. The Investment Immigration Law, which is about to undergo major revisions, will have stricter requirements and controls on regional centers, and higher requirements on the transparency of investment projects to protect the interests of investors. On this basis, it is possible to minimize investment risks by carefully selecting regional centers and carefully analyzing and studying the feasibility of their projects before investing. How to withdraw from the project and get back the investment funds depends on the investment strategy of each center. For example, when the investment project is successfully completed as planned, if the investor invests in the form of shares, the investor can choose to continue to stay in the center as a shareholder. In this project, the center may transfer and sell its shares at the market price and return the money to investors; if the project is invested in the form of loans, usually the center and investors form a limited partnership. After the project is completed, the partnership According to the dissolution of legal procedures, each partner (ie investor) will receive the due capital according to the amount of assets at the time of the dissolution of the company and the proportion of the investment at that time.

If the Immigration Bureau does not approve the application for investment immigration, will the applicant's investment funds and the management fee of the center be refunded?

As far as we know, the general regional center stipulates in the investment agreement that if the application is rejected, the investment money will be refunded.

My company has strong financial strength, can I apply for investment immigration by investing in the name of my company?

No. Investment immigration can only be handled in the form of personal contribution, and the investment must come from the legal income of the individual. Even if your company is completely owned by you and you are the sole shareholder, from the perspective of company law, the company is an independent legal person, and its property cannot be used casually, and it is counted as an individual. Of course, the company's property and funds can be transferred to individuals through due legal procedures.

If the investment immigration program fails, will my conditional green card not be converted into a regular green card?

This question is of great concern to every investor. If the project cannot run smoothly according to the business plan at the time of filing, complete on schedule, and create the required employment opportunities, the green card may be rejected. As mentioned earlier, if you carefully choose a center with a reliable reputation and a good record of success, the possibility of rejection is unlikely. According to the I-829 approval report of the Immigration Bureau in the first and second quarters of 2015, the rejection rate of the green card conversion is very low. In the first quarter, the Immigration Bureau received 810 regularization applications, 61 of which were approved, and none were rejected. In the second quarter, the Immigration Bureau received 693 regularization applications, 269 of which were approved, and 2 were rejected. The Immigration Bureau will comprehensively consider the specific circumstances of each project in the process of reviewing and approving the regularization, and if necessary, grant a discretionary extension. According to the Investment Immigration Approval Policy Memorandum of the Immigration Bureau on May 30, 2013, if the investor/regional center project operation has substantially met the requirements of the investment immigration law, another one-year extension can be granted for investment projects to meet job creation requirements.

Is it necessary to live in the United States for a long time after obtaining a conditional green card and obtaining a formal green card?

The legal definition of a green card is permanent resident status in the United States. As the name suggests, green card holders are supposed to stay in the United States for a long time. There is no clear definition in law on how to determine "long-term" residence, and the official words of the Immigration Bureau are determined on a case-by-case basis. At present, the general way to master it is to leave the United States and stay overseas for no more than 6 months at a time. In other words, if you live overseas for a long time, it is best to return to the United States every six months and live for a period of time before leaving. In addition, in order to show that you live permanently in the United States and have no intention of giving up your green card, you have to take other measures, such as opening a bank account, applying for a credit card, obtaining a driver's license, filing taxes, renting or buying real estate, buying insurance, and having family members living in the United States ,etc. In addition, you can also apply for a "Reentry Permit" from the Immigration Bureau to prove that you have no intention of giving up your permanent resident status. This permit allows green card holders to live outside the United States for two years.

After I become a U.S. citizen, will I no longer be restricted by the time I live abroad? How do I become a U.S. citizen?

Yes. You can become a U.S. citizen if you have lived in the U.S. for two and a half years within five years from the time you obtained your conditional green card, have no criminal records of bad morals, and pass the citizenship test of the Immigration Bureau.

How do I count the 5 years if I plan to apply for naturalization to become a U.S. citizen?

5 years from the time the conditional green card is obtained, after the conditional green card becomes full (approximately 1 year after the conditional green card is approved), you can apply to become a U.S. citizen after another 2 years.

Can buying a house in the United States be used as an investment for applying for immigration?

No. Because no job opportunities are created, it does not belong to investment immigration. Although this question is simple, it is indeed asked by many people.

Is there a quota limit for investment immigration?

Yes. The total number of projects approved by the state is capped at 10,000 per year. 3,000 are reserved for investors investing in designated regional centers. At present, there is no exhaustion, so this type of applicants has no immigrant waiting list and can get a green card soon.

What kind of status do most applicants for investment immigration generally live in the United States?

At present, most of the applicants who apply for investment immigration in the United States to directly adjust their status include those who hold F-1 student visas, L-1 multinational manager or H-1B work visas. Applicants with these visas can apply in I-526 Adjust status directly after approval. Among them, the number of applicants holding F-1 student visas is increasing, and most of the sources of funding for these applicants come from parental gifts, inheritances, and so on.

Some applicants for investment immigration want to apply for investment immigration in the United States through a tourist visa. Is this method feasible?

Some people mistakenly think that you can go to the United States with a B-type visa to apply for investment immigration. Such an idea is unrealistic. First of all, the B-type visa is valid in the United States for 3 to 6 months. The application for investment immigration is cumbersome and complicated. It is very likely that the application cannot be submitted in a short time. Violation of immigration regulations. Secondly, when an applicant holding a Type B visa passes through the US customs, the immigration officer of the US customs will sometimes stamp the I-94 with a seal that does not allow change of status, extension of status or adjustment of status. Therefore, it is generally not recommended that applicants holding Type B visas apply for investment immigration to adjust their status in the United States, but applicants holding Type B visas can achieve their purpose of coming to the United States through the procedures of overseas consulates.

So what is the difference between a conditional green card and a formal green card?

Conditional green cards and official green cards enjoy the same rights and interests in tourism, work, legal residence, etc. in the United States. The only difference is that applicants for investment immigration need to hold the conditional green card for one year and nine months. It is time to submit the I-829 application to the USCIS to convert the conditional green card into a formal green card.

Why do investment immigrants have to go through the steps of a conditional green card?

The reason why investment immigrants need to pass a conditional green card and then apply for a formal green card is to ensure the continuity and stability of investment, and it also provides investment immigration applicants with one year and nine months to create 10 job opportunities. It should be noted that if the applicant invests in the Designated Investment Regional Center Investment Immigration Project (Regional Center) pre-approved by the Immigration Bureau, the applicant does not need to directly participate in the operation and directly create employment opportunities. Regardless of whether the applicant for investment immigration chooses the investment immigration project pre-approved by the Immigration Bureau, or the investment immigration project where the applicant invests 1 million US dollars to establish a business, both applicants need to submit the conversion of the official green card after one year and nine months Apply.

How does the project approved by the Immigration Bureau work?

The structure of the project is usually: usually 100 to 200 applicants for investment immigration, as partners, jointly invest in the designated regional center project. Such projects are generally managed by the investment regional center approved by the Immigration Bureau. A total of 50 million to 100 million US dollars of investment has been raised. If you jointly invest in a project, for example, a commercial building, the commercial building will be rented out after its completion, and the rent will be used as a bonus for everyone. These 100 to 200 investors can apply for investment immigration.

What are the main requirements for applying for investment immigration?

Eligibility conditions for investment immigration are the most relaxed, without any business background, age, education level and language ability, as long as the source of investment funds is proved to be obtained legally.

When should the application for I-829 green card regularization be filed?

The application for regularization of the green card should be filed one year and nine months from the date of obtaining the conditional green card. Applicants outside the United States are counted from the date of entry to the United States, and applicants in the United States are counted from the date of I-485 approval.

My investment project is in another state, do I have to live in the state where the investment project is located?

There is no such requirement. You can live in any region, state and city you like.

Can an immigration lawyer holding a state license in any of the 50 states of the United States handle immigration cases, including investment immigration applications?

Yes, US immigration law, like US bankruptcy law and US maritime law, is federal law. Therefore, as long as a lawyer holds a license from any of the 50 states in the United States, he can handle immigration cases from anywhere.

Is there any advantage if the lawyer is located in the location of the investment project or is very close to the investment project?

In general, it should not matter where the immigration attorney is based. If an immigration lawyer is near your investment project, the lawyer can visit the investment project. However, this does not mean that a lawyer's proximity to an investment project "guarantees" a successful application or increases the likelihood of getting back the investment funds. Even if the immigration attorney is one of the managers of the investment project, this does not give you any advantage in your application, because then the immigration attorney cannot represent you (his/her interests in the project will conflict with yours).

Should I hire the same attorney for both the I-526 temporary green card application and the I-829 conversion to a permanent green card?

Not necessarily. If you have already hired an attorney to process your I-526 immigrant petition, consular immigrant visa application, or I-485 adjustment of status application, you may decide to hire another attorney to process your I-829 green card application to remove conditions after two years . However, most investors retain the same lawyer for various reasons throughout the immigration process.

Do I have to hire an immigration attorney to handle my EB-5 investor immigration case?

You can represent yourself in any legal case, but like any type of service, such as repairing a car, a computer, preparing a tax return, defending a lawsuit, you can do it yourself if you know how to do it. Having said that, it is true that EB-5 investor immigration cases are much more difficult to prepare than other immigration applications. I have heard that some readers handle some simple immigration applications by themselves, but I have not heard of any investors who handle their own investment immigration applications.

How can we tell that an immigration attorney is experienced in EB-5 investor immigration laws?

The best thing to do is to contact an immigration attorney and ask him or her questions directly. Usually, an experienced EB-5 investment immigration lawyer should be able to answer your questions concisely and quickly, or tell you specific issues that are vague in the EB-5 investment immigration laws. Therefore, before you decide to hire a lawyer to handle your EB-5 investment immigration case, we recommend that you communicate with the immigration lawyer in person.

How long will it take for us to get a conditional green card to enter the United States?

There are many factors, so it is difficult to say for sure. Depending on your country and whether your case is required to supplement materials, it will take about 9 to 13 months. One I-526 petition that I personally processed was approved within 50 days, and another I-526 petition was approved after 10 months. If you are not in the United States, you need to go through the USCIS immigration process and the consular process at the National Visa Center of the US State Department, and then you have to wait for the interview notice from the US consulate in your country.

You may ask, I am willing to pay more to get the case approved faster, is it feasible? No, money is not an issue here. Fast-track processing is not yet available for EB-5 immigrant investor petitions. There are about 10-12 immigration examiners in the California processing center to handle various EB-5 investment immigration cases, and each examiner works according to his own schedule. Each EB-5 investor immigrant I-526 application package is very large and weighs several pounds, and it is likely to be very boring to read these materials every day... Therefore, every investor must wait patiently for the immigrant application to be approved , and then wait for the visa notification.

After the I-526 is approved, will my family and I change status within the U.S., or apply for an immigrant visa through a U.S. consulate/embassy?

It all depends on your individual needs and circumstances. But in general, if you and your family are in your country, you should go through the consular process (apply and get an immigrant visa at the US consulate/embassy), but if you and your family are already legally living in the US, you You and your family should apply for a temporary green card through the I-485 change of status application.

The consular process used to be faster than the I-485 change of status process in the US, but now, both processes take almost the same amount of time, 5-7 months. So, it's a question of how to choose, and several factors that need to be considered. We assist clients in making this decision as we get to this step. For example, if the investor must stay in the country, or cannot stay in the United States for more than 3 months, we would suggest consular procedures.

What should I consider when choosing an attorney for my EB-5 immigrant investor application?

There is no clear answer to this question. There are no laws or rules governing which attorney to choose for your case. In general, however, there are many factors you should consider. For example, does the immigration attorney appear to have sufficient knowledge of EB-5 investor immigration law, his approximate level of experience with EB-5 investor immigration cases and U.S. immigration cases, does the immigration attorney appear to be working hard, and the immigrant Whether the lawyer is honest and responsible, what kind of services the immigration lawyer can provide, and whether the lawyer's fee is reasonable, etc. In addition, you need to make it clear that the immigration lawyer is not the manager of the investment project, and has no shares or other interests in the investment project.

I have submitted an employment-based immigration application. However, due to insufficient visa quotas, applications have been processed for a long time. Can I also file an EB-5 immigrant investor petition?

Yes, if you have the capital to invest. Under U.S. immigration law, aliens can file two separate cases for a green card at the same time. If EB-5 investment immigration is more feasible for you, I would suggest that you contact an experienced immigration lawyer to discuss your situation, the extent of your current employment immigration and whether there is a need to take the second route. A clear and careful assessment.

When I choose a project and sign a preliminary agreement, can I come to the United States for a certain inspection with a business visa? Will I be refused a visa because of my "immigrant tendencies"?

When the investment is still at the stage of selecting projects, the investor has not actually submitted any immigration application to the Immigration Bureau, so naturally there is no so-called "immigration tendency" issue. Then such a visa is just a regular business visa to the United States, and it can be prepared according to the usual procedures.

For the application for investment immigration, is it more beneficial to submit it when I am in the United States than in China?

There is not much difference. The key is to obtain more information about investment immigration. Whether investors are in the United States or at home, they need to have a systematic understanding of the project based on the materials provided by the regional center, so as to determine their final investment project. However, if a person lives, works and studies in the United States, he should generally complete all investment immigration application procedures in the United States. However, each person's situation is different, and you should consult your own immigration lawyer on the specific steps for applying for a green card.

How long does it take to come to the United States after the application for investment immigration is approved, and what are the specific procedures? If I am in the United States, what are the different procedures?

After the investment immigration application is approved, the investor's immigration application materials will be transferred to the US National Visa Center for review. After the visa center has completed the review, the materials will be transferred to the US Consulate in Guangzhou. After paying the visa fee and completing the specified medical examination procedures, the investor will go to the US embassy or consulate in China for an interview. After passing the interview, the investor can get a visa to the US. Investors need to enter the United States within 180 days of obtaining the visa, and obtain a temporary green card within 2-3 months of entry. If the investor is in the United States at the time of filing the immigrant petition and holds other lawful nonimmigrant status. The investor does not need a departure visa, but submits an application for changing status to the Immigration Bureau, and can obtain a temporary green card after passing the background check of the Immigration Bureau.

After obtaining the temporary green card, do I need to live in the United States all the time?

There is no law that stipulates that the holder of a temporary green card needs to live in the United States all the time, but the time of leaving the United States cannot exceed 6 months at a time. If you want to leave the United States for more than 6 months, you need to submit an application for a "white paper" with the assistance of a lawyer. The longest departure time cannot exceed 2 years.

My main business is in China. Will my long-term absence in the United States affect my application for a formal green card in the future?

It has no effect. However, in the temporary green card stage, investors still have to try to express their intention to live in the United States for a long time in the future, for example, they can buy a car in the United States, buy real estate, let their children not study in the United States, and so on. (Another point is that when applying for a U.S. citizen to obtain a permanent green card, it must be proved that the applicant has lived in the United States for more than 2 and a half years in the past 5 years. Of course, this is a later story.)

How long is the temporary green card, and how long can I apply for a permanent green card after getting the temporary green card?

The duration of the temporary green card is two years. 90 days from the time the investor enters the United States to 2 years before the expiry date (that is, 1 year and 9 months after getting the temporary green card) can submit an application to cancel the temporary green card and obtain a permanent green card.

What application materials do I need to submit when applying for a permanent green card? Is the application success rate high?

When applying for a permanent green card, the main purpose is to prove that the investment project is operating normally and meets the requirements of the Immigration Bureau. Investors need to submit materials to prove that the funds have actually been invested in the operation of the project, and the project has created the number of "direct or indirect employment opportunities" stipulated by the Immigration Bureau. The key to whether the application is approved or not lies in the actual operation status of the project and whether it is operating healthily under an effective management mechanism. There is another important point that I mentioned in my previous article, whether the regional center's certification calculation method for the "direct or indirect employment opportunities" created has been recognized by the USCIS.

When choosing a project, what aspects should be mainly considered?

This is a big subject. I will discuss it in a later article. However, you can talk about the points that need to be paid attention to in the inspection project from the following aspects, for example, choose the project you are interested in, and have a certain understanding of the background and development prospects of the related industry; you should collect as much comprehensive information as possible about the regional center , to understand the background, development status of the regional center, and whether there has been a successful immigration application experience; to understand whether the investment amount stipulated in the project is 500,000 (not all projects have an investment amount of 1 million, some projects The specified investment amount is 1 million US dollars); specify the total number of places for this project, how many investors are already participating, and how many places are still available; besides the funds for attracting investment immigrants, whether there are other sources of funds for this project , such as government investment, consortium investment. Multiple channels of funding sources can make the project more reliable; whether the project has a complete withdrawal mechanism, and the investment funds can be recovered smoothly after 5 years. etc.

It is said that regional center investment immigration does not require investors to prove that "the investment has directly or indirectly created 10 job opportunities for American workers", so does the investor not need to care about this issue at all?

The USCIS proposes that each project must submit its own calculation model to prove whether the regional center "directly or indirectly creates employment opportunities for American workers", and the calculation model must also be proved authoritatively. Understanding this information is also necessary for investment. It is not only related to the success of the immigration application, but also a crucial assessment standard for converting a temporary green card into a formal green card in the future.

After the investment period expires, can the original investment amount be recovered? What is the specific operation method?

This goes back to the above "risk" problem. For investment, it is possible to lose and earn. The operation method of recovering funds varies from regional center to regional center, for example, the regional center directly returns the funds to investors, or sells its own shares to major shareholders at market prices, and so on. This depends on the contractual provisions of the investment project.

When does the USCIS require investment funds to be formally invested in the project from the fund escrow account?

After the investment immigration application is approved, the funds will be formally invested into the project from the fund escrow account.

How do immigration officials know that investment immigration will create 10 job opportunities in the United States in two years when reviewing investment immigration applications?

The immigration officer looks at whether the business plan submitted with the I-526 petition can reasonably demonstrate that the specified number of jobs will be created at the end of the two-year period. For the application for the regional center project with an investment of 500,000 yuan and the requirements for indirect employment creation, the immigration officer will consider the proposed economic model and the amount of capital injection to determine whether the requirements for indirect employment creation are met.