Investment immigration visa EB5: The best way for foreign investors to "American Dream"

Investment immigration visa EB5: The best way for foreign investors to "American dream" Our newspaper's staff writer, lawyer Zheng Boren, Doctor of Laws Many people have heard that through...

Our newspaper's special writer, lawyer Zheng Boren, Doctor of Laws

Many people have heard that citizenship can be successfully obtained through EB5 or investment immigration visa. This article will provide the latest news on EB5 based on the content of the U.S. Citizenship and Immigration Services Conference held at the California Regional Center on March 17, 2011. Basic understanding of EB-5 Many people do not know much about EB-5 and its various regulations. EB-5 includes two investment amounts: one is US$500,000, and the other is US$1 million. Both are done through regional centers and on individual applications. 90%-95% of EB5 immigration cases are applied through regional centers. A regional center refers to an entity or agency approved by the United States Citizenship and Immigration Services (USCIS) to be established in a specific geographic area within the United States. However, this does not mean that regional centers are relatively safe. In fact, many regional centers have not refunded their earlier investment funds. Regional centers have their own risks; investors usually have no control over the invested funds, and if something goes wrong, the only thing investors can do is file a lawsuit. For many people, applying for EB5 will require their lifetime savings, so they must think twice before applying. Target employment areas Obviously, everyone wants to reduce the amount of investment as much as possible. There are two types of investment amounts for EB5: one is US$500,000 and the other is US$1 million. How to know which investment amount is more suitable for you? Many people have a misunderstanding that only regional centers can apply for an investment amount of US$500,000. This is incorrect. Determining the amount of investment does not depend on whether the investment is in a regional center, but whether the investment is in a Targeted Employment Area (TEA). Target employment areas (TEAs) generally refer to areas where the unemployment rate is approximately 1.5 times (150%) higher than the national average unemployment rate. Thus, investors can invest US$500,000 without having to invest in a regional center. "Conditional Immigrant Visa" Quota The United States has a quota of 10,000 "Conditional Immigrant Visa" quotas every year, and the quota has never been exhausted. what does that mean? First, EB-5 is not easy to apply for. Otherwise the 10,000 places will be exhausted quickly. Second, EB-5 application review is extremely rigorous, and all application conditions must be met before submission. The main reasons for common visa rejections are: a. The applicant cannot prove that the investment amount is legal income; b. The applicant cannot prove that the investment project can create 10 job opportunities; d. The applicant cannot prove that the investment object is a target employment area. Third, according to the annual application quota, if you meet the application requirements of EB-5, it will become the best way for investors to obtain a visa. "Two years"? Conditional visa? Obtaining a conditional visa does not guarantee obtaining a real visa. The United States Citizenship and Immigration Service (USCIS) requires investors to maintain a two-year conditional visa. Only after 21 months, when the two years expire, investors can apply to the USCIS to cancel the conditional immigrant visa. In 2010, 17% of conditional immigrant visa holders were rejected, and the investor and his or her family members were even asked to enter the deportation process. This number has now increased to 38%. It is important to understand that EB-5 is a promise made by the investor to invest in the United States. Once the applicant breaks his promise, he may face the possibility of deportation. EB-5 is not the only way. Many people are deceived into thinking that EB-5 is the only way to apply for it. It depends on many reasons. Before deciding to apply, it is recommended that applicants consult with an experienced lawyer. Relevant data for 2010 The following are some corresponding data related to EB-5 provided by the United States Citizenship and Immigration Services: Number of regional center applications in 2010: 110 Initial application approval rate: 55% Number of EB-5 applicants in 2010: 1,955 EB-5 applicants: 89% EB-5 conditional visa release denials in 2010: 17%