Expert Answer: Yes, you can apply for the entire family (a family of three) to immigrate through the U.S. EB-5 investment immigration program.
Application Requirements:
1. The applicant must be at least 18 years old;
2. The applicant must have no criminal record;
3. The applicant must possess assets of at least $500,000, which may be obtained through gifts, inheritance, etc., but must be derived from legal and legitimate sources.
Q: After obtaining status through the U.S. EB-5 investment immigration program, must I reside in the city where the investment project is operated?
A: After obtaining a U.S. Green Card, you may reside anywhere within the United States and are not restricted by the location of the project.
Q: Once the U.S. EB-5 investment immigration application is approved, and I have landed and obtained my U.S. Green Card, can my children attend school in the U.S. immediately?
A: Yes. Furthermore, currently only U.S. permanent residents or citizens can attend public secondary schools in the U.S.; international students can only attend private schools.
Q: What factors should I consider when choosing a U.S. project?
A: It is recommended to evaluate projects from a business perspective. You should also consider whether the project's fundraising period is too long, whether it can provide sufficient job opportunities, and whether it has the ability to repay the investment after five years, among other comprehensive factors.
Q: Can buying a house in the U.S. count as an investment for immigration purposes?
A: No. Because it does not create job opportunities, it does not qualify as investment immigration. Although this question is simple, many people do ask it.
Q: Does entering the U.S. every six months guarantee that I can maintain my status for the U.S. EB-5 investment immigration program?
A: The regulations require that a permanent resident's absence from the U.S. should not exceed six months. However, our advice is that you also need to demonstrate that you consider the U.S. your home.
Q: If I invest $500,000 to apply for EB-5 immigration, can I bring my spouse and children to immigrate together?
A: Yes. Your spouse and unmarried children under the age of 21 can apply together, meaning one person applies and the whole family receives Green Cards.
Q: What kind of evidence can prove that the source of funds is legal?
A: Examples include:
1. Small and medium-sized entrepreneurs: Business income of tens of millions of RMB per year, small commodity production, capital accumulation: dividends and wages. Provide company balance sheets and profit records that meet the requirements of the immigration bureau.
2. Real estate transactions: Real estate trading in China is highly profitable. Some applicants are not entrepreneurs, but civil servants, senior corporate executives, doctors, etc. In fact, applicants in these positions usually have high incomes. These applicants only need to explain that they have had legal accumulation in recent years to purchase real estate. If these properties are in first-tier cities in China, the housing prices have basically more than doubled in recent years.
3. Applicants holding legal status in the U.S. such as H-1B, F-1, etc., through parental gifts, etc. Parents also need to prove that the property was accumulated through stocks, real estate, etc.
Q: Does the $500,000 for U.S. EB-5 investment immigration need to have its source proven?
A: Yes. As long as you can prove that the $500,000 used for investment was obtained from legal sources. Sources of income can be company operating income, company dividends, stock gains, real estate appreciation, inheritance, etc. It can also be borrowed. For example, real estate mortgage loans, etc.
Q: How long does it generally take for a U.S. EB-5 investment immigration applicant to receive a Green Card in the U.S.?
A: If the investment immigration applicant is already residing in the U.S. with a legal and valid status, then at the current approval speed, it can take as little as about 4 months to receive a Green Card.
Q: Do most U.S. EB-5 investment immigration applicants currently come from overseas or are they already residing in the U.S.?
A: Investment immigration applicants are divided into two types based on their place of residence: one is that the applicant is already residing in the U.S. and holds a legal non-immigrant status, such as an international student F-1 visa, work visa H-1B, or L-1 multinational manager visa. The other type of applicant is overseas, such as living in mainland China. Currently, there are more investment immigration applicants from overseas.
Q: Is there a quota limit for U.S. EB-5 investment immigration?
A: Yes. The total annual cap for government-approved projects is 10,000, with 8,000 spots for Chinese citizens.
Q: Besides investing $500,000, what other conditions are required for this type of U.S. EB-5 investment immigration?
A: EB-5 immigration has no requirements for age, language, education, business background, or net worth. The only condition is that the $500,000 investment must be obtained by the applicant through legal channels, and gifts or inheritance are acceptable.
Q: What is the difference between a conditional Green Card and a permanent Green Card for U.S. EB-5 investment immigration?
A: A conditional Green Card refers to a Green Card with a two-year validity period. You must apply for a permanent Green Card 3 months before the conditional Green Card expires. Apart from this, holders of both conditional and permanent Green Cards enjoy the same rights and social benefits.
Q: If my U.S. EB-5 investment immigration application is rejected, will the investment funds be returned to me?
A: Yes. Before the U.S. immigration bureau approves your immigration application, your investment deposit is placed in a designated escrow account. Once your immigration application is approved, the investment funds will be invested in the U.S. project; conversely, the investment funds will be automatically released from the escrow account to your personal account. "That is, approval first, investment later, with secure fund escrow."
Q: Does my U.S. EB-5 investment immigration guarantee that I will obtain a Green Card? What is the percentage of investors who obtain a permanent Green Card before the two-year period stipulated for the temporary Green Card expires?
A: The key to EB-5 investment lies in the choice of the investment center. If the investment center is chosen correctly, it will not be a problem for the investor to obtain a temporary Green Card. Similarly, the correct choice of investment center can minimize the risk of the investor obtaining a permanent Green Card.
Q: How much is the overall risk of U.S. EB-5 investment immigration?
A: As answered in the previous question, the key to EB-5 investment lies in the choice of the investment center. Choosing the right investment center can minimize investment risk. Although any investment has certain risks, if the choice of investment center is inappropriate, the investment risk will be greatly increased. For example, if the project invested in by the investment center performs poorly and deviates from the track filed with the immigration bureau, the investment amount may be extremely risky.
Q: How much capital is required for U.S. EB-5 investment immigration? Can it be paid in stages or must it be paid in full at once?
A: EB-5 investment immigration is divided into two categories: one is individual investment: that is, investing the investment amount into a new enterprise or acquiring an existing enterprise, and creating 10 U.S. employee job opportunities within the time specified by the immigration bureau; the other type of investment immigration is investing the investment amount into a regional investment center approved by the immigration bureau. This type of investment exempts the investor from the obligation to create 10 U.S. employee job opportunities within the time specified by the immigration bureau. The amount for the above two types of investment immigration can be $1 million or $500,000, depending on the investment region. The investment amount for the regional investment center must be paid in full at once.
Q: If I do not have enough legal income sources when I intend to apply for U.S. EB-5 investment immigration, can I use future predictable legal income as investment funds, or use borrowed money as the stipulated investment amount?
A: According to the requirements of investment immigration law, the investment amount must be the investor's after-tax legal income. Therefore, future predictable legal income cannot be used as investment funds. As for whether borrowed money can be used as the stipulated investment amount, it is possible if the borrowed amount is fully collateralized by your personal legal property.
Q: Is there insurance for the investor's investment amount in the regional investment center? If the permanent Green Card is not obtained when the two-year temporary Green Card expires, will the invested funds be returned?
A: According to the provisions of immigration law, any investment must be based on the principle of shared benefits and shared risks, so it is impossible for the regional investment center to have a guarantee agreement for any investor's investment. If the permanent Green Card is not obtained when the two-year temporary Green Card expires, the invested funds will not be refunded. But as answered in the second question above, choosing the right investment center can minimize investment risk.
Q: As an investor, do I need to participate in the operation of the investment enterprise?
A: If you invest in a regional investment center designated by the immigration bureau, you do not need to actually participate in the enterprise operation. You can reside anywhere in the United States.
Q: After the temporary Green Card is approved, can I bring my family to the United States?
A: In fact, as long as the I-526 is approved, the investor and their spouse and unmarried children under 21 years of age can apply for a temporary Green Card together at the Guangzhou Consulate. Of course, if the investor is already residing in the U.S. with a non-immigrant status when the I-526 is approved, the investor must first obtain a temporary Green Card before their spouse and unmarried children under 21 years of age can apply for a temporary immigrant visa at the Guangzhou Consulate.
Q: If the investor's permanent Green Card is rejected, can their family continue to stay in the United States?
A: Once the investor's permanent Green Card is rejected, their family, including their spouse and children under 21 years of age, must leave the United States with the main investor, unless they hold other valid visas, such as student visas or non-immigrant work visas, etc., in which case they can continue to stay in the United States.
Q: After the temporary Green Card is approved, can I choose to live anywhere in the United States?
A: Of course. Once a temporary Green Card is obtained, the investor can live anywhere in the United States at will.
Q: After the temporary Green Card is approved, can I work for any company in the United States?
A: Of course you can.
Q: What are the advantages of investing through an investment center?
A: According to immigration law, if you do not invest in a regional investment center but invest through individual channels, the investor needs to solve the employment of 10 U.S. workers within two years and provide relevant tax reports. This will be a great burden for investors who have just arrived in the United States. If you invest in a regional investment center, the center will be responsible for solving the employment problem of 10 U.S. workers.
Q: What materials do I need to prepare when submitting the I-526? How will I develop a business plan?
A: At that time, the lawyer will give the investor specific guidance. If you invest in a regional investment center, the investor does not need to develop a business plan.
Q: After the temporary Green Card is obtained, if the invested enterprise is poorly managed, what will be the consequences?
A: As mentioned earlier, the key to EB-5 investment lies in the choice of the regional investment center. Choosing the right regional investment center can minimize investment risk. Otherwise, the investment risk will be greatly increased. Therefore, it is particularly important to hire an experienced immigration lawyer to help you choose the right regional investment center. Otherwise, once the temporary Green Card is approved, if the project invested in by the selected regional investment center performs poorly or goes bankrupt, the investor will lose the qualification to apply for a permanent Green Card.