I-526 EB-5 Immigrant Investor Application (Temporary Green Card)

Looking at the US immigration law, it is not difficult to see that the vast majority of people who can immigrate to the United States are nothing more than “someone” – through relative immigration, “talented” – through applying for employment, or “rich” – through investment migrant. Among them, investment immigration, also known as “EB-5”, was established by the United States to stimulate the economy through foreign investment and job creation. Since its establishment by the US Congress in 1990, it has been a hot topic that has never diminished.

Foreign investors can create (or retain) certain employment opportunities by investing 900,000/1.8 million US dollars in the United States to establish a company or acquire a difficult company, and apply for a US green card for themselves, their spouses and unmarried children under the age of 21.

On November 21, 2019, the investment threshold was increased from US$1 million to US$1.8 million (investment in new commercial enterprises or difficult enterprises), and the investment threshold for Targeted Employment Areas (TEA) was increased from US$500,000 to US$900,000 .

Advantages of EB-5 Investment Immigrants

• Investors are not subject to any restrictions on business background, age, education level and language ability
• Although it is necessary to prove that the source of funds is obtained legally, it does not have to be earned through self-effort, and can be obtained through other legal channels such as inheritance or gift;
• Investors, their spouses and unmarried children under the age of 21 can apply for immigration at the same time;
• Can move to any state in the United States to settle down, work or study, and enjoy the same treatment as American citizens. For example, children can study in various colleges and universities in the United States, are eligible to apply for medical school and law school, can attend public schools, can apply for scholarships, can pay the same tuition fees as state citizens, can legally work while studying, and can enjoy medical security and social benefits. Social welfare such as life security.

Three ways of EB-5 investment immigration

Many customers only know one way to invest in RC Regional Center. In fact, according to the US immigration law, investors can invest in the following three ways:

• Regional Center (RC) Program

The U.S. EB-5 Regional Center (Regional Center, RC) is currently the most common investment immigration project on the market, and it is also the most familiar investment method for investors. Most regional centers only require an investment of 900,000 and do not require investors to manage daily affairs. Also because of this, the risk is greater when approving I-829 to obtain a permanent green card, because the investor cannot directly control the operation of the regional center.

• Invest in new businesses

Investors establish and manage a new business anywhere in the United States. This approach requires investors to truly participate in enterprise management. Directly create 10 job opportunities, that is, new enterprises must actually hire 10 full-time American workers. Indirect job creation through mathematical modeling and analysis is not taken into account. Multiple EB-5 applicants can invest in a new enterprise at the same time, but the amount of investment and the job opportunities created must still meet the requirements of the Immigration Bureau;

This investment method is more suitable for investors who have time and experience in operation and management, or who have local partners in the United States. Investors can freely choose the area of operation according to their own business experience, type of enterprise and consumer groups, and directly participate in the daily operation and management of the enterprise, relatively reducing investment risks, and at the same time expanding the business market in the United States. It is even better if the industry the investor is engaged in is a labor-intensive industry, such as commercial real estate, maintenance industry, transportation and logistics, retail industry, catering industry, etc.

In setting up a new business, the investor is responsible for managing the business. When there is a quota schedule, investors need to wait for a certain period of time before they can go to the United States, but the investment funds are already in place when the I-526 application is submitted. If the investor cannot go to the United States immediately, it is impossible to directly manage the investment, nor can it start follow-up work, such as formulating a feasible business plan, hiring employees to start the business, and so on. Without such certification, it is difficult for investors to prove that they are actively managing the new business. Therefore, a possible strategy is to find someone else to manage or apply for a non-immigrant visa to start the investment business.

• invest in existing business

• Expansion and reorganization of existing enterprises

A foreign investor acquires an existing business and substantially rebuilds or reorganizes the business. The Immigration Bureau stipulates that the capital of the enterprise must be increased by 40 %或使就业人数增加40% (at least 10 employees), and investors must participate in the daily management and decision-making of the enterprise.

• Invest in Difficult Enterprises

Applicants can apply for the EB-5 immigrant visa by acquiring and operating a difficult business.

Difficult business refers to: it has been in the United States for at least two years; in the course of business operation, at least 20% of its net assets have been lost. Foreign investors do not need to provide 10 new job opportunities, but must explain the number of existing employees and guarantee that the number of employees will not be less than the level before the investment.

For decades, our Tsang & Associates law firm has provided investment immigrant visa services to many Kinmen embroidered households, helping foreign investors realize the American dream.