Q: Will there be an EB-5 visa backlog?
Although the U.S. Department of State predicted in early March of this year that there would be no EB-5 visa backlog for the 2014 fiscal year, the volume of EB-5 visas issued in March exceeded expectations. It is possible that the 10,000-visa quota will be exhausted by June or July of this year. Once approved, remaining I-526 applications will enter the Guangzhou Consulate backlog to await an interview until the new fiscal year begins on October 1st, when the 10,000-visa quota resets.
Currently, there is a backlog of over 7,000 I-526 applications at USCIS, which will very likely lead to another backlog in the second or third quarter of 2015.
Q: How should children's applications be arranged when facing a backlog?
The backlog issue may lead to the problem of children who are derivative applicants exceeding the age limit. Once the I-526 is approved, derivative applicants who are over 21 years old will not be protected by the Child Status Protection Act. For families with children approaching 21, it may be worth considering having the child apply as the primary applicant. The advantages of this approach are: first, the applicant's background is relatively simple; second, after immigrating, they can petition for their parents in the future, achieving family reunification.
Q: Who is the ideal primary applicant in a family?
When submitting an investment immigration application, deciding which spouse should be the primary applicant is also a consideration. The simpler the primary applicant's background, the smoother the review process will generally be. In general, an ideal applicant should ideally not have excessive health issues, multiple identities, past visa issues, multiple passports, stepchildren, frequent travel to terrorist-designated countries, or a criminal record.
The U.S. Department of State retains all visa records for every individual for 25 years, so it is essential to ensure the consistency and authenticity of work history and U.S. visa records during the immigration application process.
Q: How should new immigrants file taxes?
According to U.S. law, investment immigrants holding a Green Card or citizenship status, regardless of where they are located—whether within the United States or abroad—must adhere to the same tax filing principles as ordinary U.S. citizens. All global income must be taxed according to U.S. tax standards.
Some new U.S. immigrants do not know how to file taxes. In some families, the father works in mainland China, while the mother and children reside in the United States. The mother and children have no income, and all financial sources come from the father. In such cases, the father and mother should file a joint tax return as a family, and their children are considered dependents of the family.
If a U.S. citizen resides overseas, they are generally automatically granted a 2-month extension for tax filing without needing to apply. Therefore, the tax filing deadline for overseas U.S. residents is June 15th.
Q: What are the common sources of funds?
The most common source of funds is mortgage loans. The documents submitted generally include proof of property ownership, mortgage and loan contracts, and proof of the source of the down payment. This category is less likely to result in a Request for Evidence (RFE) from USCIS regarding the source of funds.
Other methods include: corporate equity collateral (USCIS tends to favor small and medium-sized enterprises with lower registered capital because they focus on the source of initial funds), property sales, accumulated salary income, securities and stock gains, and gifts (the donor and the recipient do not necessarily need to be related).
Q: What are the main issues regarding I-526 Requests for Evidence (RFE)?
Among the RFEs received during the I-526 stage, approximately 35% relate to the flow of funds and currency exchange details, 30% relate to the source of initial funds (property purchase or registered capital), and 10% relate to Chinese tax law issues (a 5% decrease compared to 2012).
Q: How long does it take from I-526 approval to the interview at the Guangzhou Consulate?
Currently, this stage from I-526 approval to the interview at the Guangzhou Consulate takes an average of 8-12 months. If a backlog occurs, it may be delayed for a longer period due to quota constraints.
In the RFE notices during the Guangzhou Consulate interview stage, 42% are due to supplementary materials (notarizations expired and needing resubmission, foreign police certificates, or personal reasons such as forgetting to bring a certain document), and 37% are due to Communist Party membership (it should be noted here that as a Party member, one can still apply for U.S. immigration; however, one may be subject to a background check at this stage, and it is recommended that applicants disclose the actual situation).
