EB-5 投资移民签证

EB-5 投资移民签证    I526->I485->I829

摘自美国国土安全部公民和移民服务网站

EB-5 Regional Center

The Immigrant Investor Pilot Program (“Pilot Program”) was created by Section 610 of Public Law 102-395 (Oct. 6, 1992), and has been extended through Sept. 30, 2012. EB-5 requirements for an investor under the Pilot Program are essentially the same as in the standard EB-5 investor program, except the Pilot Program provides for investments that are affiliated with an economic unit known as a “Regional Center.” Investments made through regional centers can take advantage of a more expansive concept of job creation including both “indirect” and “direct” jobs.

移民投资者试验项目("试验项目") 是在1992年10月6号根据公共法102-395条 第610款创立的. 并且延长到2012年的9月30号, EB-5 试验项目下的对一个投资者的要求和标准的EB-5 投资项目的要求基本是一样的, 除了试验项目的投资机会和一个叫做区域中心的经济体相依存.  

A Regional Center is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. The organizers of a regional center seeking the “Regional Center” designation from USCIS must submit a proposal, supported by economically or statistically valid forecasting tools, showing:

  • How the regional center plans to focus on a geographical region within the United States. The proposal must explain how the regional center will promote economic growth in that region.
  • How, in verifiable detail (using economic models in some instances), jobs will be created directly or indirectly through capital investments made in accordance with the regional center’s business plan.
  • The amount and source of capital committed to the regional center and the promotional efforts made and planned for the business project.
  • How the regional center will have a positive impact on the regional or national economy.

Forms

  • Use Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program, to apply. The filing fee is $6,230 for all regional center proposals (new designation requests or amended designation requests).
  • Form I-924A, Supplement to Form I-924, is used to demonstrate an approved regional center’s continued eligibility for the Regional Center designation.

Processing times for Form I-924

 

Data as of May 31, 2012
Processing Time
Summary
Target Case
Processing Time
Actual Case
Processing Time
            I-924 Initial Application            4 months             9 months
            I-924 Amendment Application            4 months            10 months

 

Note: Each regional center entity must file the Form I-924A each fiscal year (Oct. 1 through Sept. 30) within 90 days after the end of the fiscal year (on or before Dec. 29). There is no fee.

Regional Center Approval

The approval of a regional center means USCIS recognizes the economic entity as a designated participant in the EB-5 Pilot Program. When we approve a regional center, we acknowledge that the econometric models and business plans appear to be feasible and that jobs should be directly or indirectly created through investment in the approved industry categories.

Regional Center Termination

If a regional center designated for participation in the EB-5 pilot program no longer serves the purpose of promoting economic growth, improved regional productivity, job creation and increased domestic capital investment, USCIS can terminate the Regional Center designation.

If an applicant’s Form I-924 is denied or if a designated regional center is terminated, an appeal of the USCIS decision can be made by the timely filing of Form I-290B, Notice of Appeal or Motion, along with the $630 fee to the office that issued the adverse decision.

See the “Regional Centers” link on the right side of this page for a current complete list.

Consumer/Investor Protection  消费者和投资者保护

The Regional Center designation does not mean that the regional center’s capital investment projects are backed or guaranteed by the government. Further, there are no guarantees that an investor may ultimately be granted unconditional permanent resident status through an EB-5 investment. For example, if it is determined that the investor’s money is not truly at risk or that insufficient jobs were created through the investment, then the investor’s petition may be denied. Investors should exercise due diligence when making an EB-5 investment.

区域中心的设立不意味区域中心的资本投资项目受到政府的支持和担保.而且, 也没有保证 一个投资人会最终通过EB-5 投资可以获得无条件永久居民身份. 例如, 如果确定投资者的钱并不是真正具有风险, 或者 通过投资所创造的工作不够, 那么投资人的申请会被否定, 投资人在确定一个EB-5的投资时 要做谨慎分析.

Reporting EB-5 Fraud & Misrepresentation to USCIS

向美国公民和移民服务机构报告EB-5 欺诈和不实说明.

USCIS takes allegations regarding EB-5 program malfeasance very seriously. USCIS has established procedures for referring cases to the Fraud Detection and National Security Directorate (FDNS) when an EB-5 case appears to contain fraud or material misrepresentations. General information about FDNS see the ABOUT US section.

美国公民和移民服务机构会非常严肃对待关于EB-5 项目的不法行为的陈述, 美国公民和移民服务机构已经建立起相应的程序,当一个EB-5 案例表现出具有欺诈和内容不实的情况时, 就会把有关的案件移交给欺诈侦查和国家安全理事会,

Members of the public may report instances of EB-5 fraud or misrepresentation to the EB-5 mailbox at
uscis.immigrantinvestorprogram@dhs.gov
. It is helpful if the information provided contains specific information relating to the allegations of fraud or misrepresentation, supported by documentation if possible. Information of this nature that is received through the EB-5 mailbox will be reviewed by EB-5 program staff and, if it appears to be credible, may be provided to the affected party in an EB-5 case in accordance with 8 CFR 103 and 205 as part of an adverse case action. Such information may also be provided to FDNS through established USCIS procedures. 

 

 

EB-5 Who Can Qualify

Your success in qualifying for EB-5 visa status starts with the approval of a Form I-526 (Immigrant Petition by Alien Entrepreneur).

你成功获得EB-5 签证资格要从你的外籍企业家移民申请获得批准开始

we will assist EB-5 applicants to get to know how carefully the U.S. Embassy and USCIS scrutinize the financial resources, educational background, and prior business experience reported in the Form I-526 submitted by every EB-5 applicant.

The most important qualifications you will need to demonstrate for your EB-5 application are outlined below.

EB-5 Financial Qualifications

Building a business is a long-term commitment that requires sound business judgment and sufficient financial resources to withstand the pressures of both positive and negative business cycles.

EB-5 investors who choose to invest through a Regional Center or the regular EB-5 program must meet certain financial qualifications. Basically, the U.S. Government looks for sophisticated immigrants who qualify as "accredited investors" in order to maximize their likelihood of business success. State and federal securities laws require this approach in order to protect your investment.

An alien investor who meets the following financial criteria is generally viewed as having the means to support a successful EB-5 business investment:

  • Net worth of $1 million, as measured for an individual or a married couple; or
  • Individual income of $200,000 or more, or a minimum joint income of $300,000, in each of the two previous years; and
  • Future income and assets of a reasonably expected comparable level

Your source of assets, plus any obligations or encumbrances associated with these assets, play an integral role in your EB-5 application. The U.S. visa attorneys at Hodkinson Law Group can help you analyze your assets and document them appropriately in your Form I-526 EB-5 application.

EB-5 Experience Qualifications

Your formal education and business experience also support the EB-5 approval process. Our U.S. immigration lawyers carefully review your background to identify suitable qualifying EB-5 business capabilities, including experience in:

  • Sales and marketing
  • Production or service operations
  • Customer service
  • Hiring decisions
  • Cash flow management
  • Accounting and bookkeeping

Discuss your EB-5 Qualifications with Experienced U.S. Visa Attorneys

The EB-5 visa lawyers at Hodkinson Law Group concentrate in helping immigrants apply for EB-5 and other forms of U.S. visas. We understand how to complete the Form I-526, including all of the supporting documentation needed for your EB-5 visa application. Contact us today to discuss your U.S. immigration goals.

The EB-5 Regular Program

There are two investment options available to green card investor:
a) the "regular" EB-5 program; and
b) the Regional Center program.

The EB-5 regular program allows you to live anywhere in the United States that you choose. You can also invest in any type of business.

There are three basic requirements that you must meet in order to qualify for the EB-5 regular program:

1. You must invest in a new commercial enterprise (see below)
2. You must invest at least $1 million USD
3. Your business must directly create 10 full-time jobs

Choose Your EB-5 Business Investment

The term "new commercial enterprise" can be misleading. There are actually several ways to meet this qualification, including:

1. Create a new, original business
2. Purchase an existing business
3. Form a new business by restructuring or reorganizing an old business
4. Expand an existing business

Since you must begin the investment process prior to or simultaneous with your EB-5 application, your choice of an appropriate business is extremely important. Because the EB-5 visa attorneys at Hodkinson Law Group work closely with investors who are actively involved in processing EB-5 visa applications with the U.S. Embassy in London, we understand the types of business that are most likely to lead to approval of green card applications.

Forms of Investment

Your EB-5 investment must be made with "lawful" funds. Proof of capital sources includes tax returns (up to 5 years) and foreign business registration records. Applicants may also be asked for certified copies of any judgment, pending civil or criminal action, or private civil actions involving the applicant which arose in the past 15 years. While loans may be used as a partial source of funds, the loans are subject to a number of restrictions. Failure to structure the loan properly may lead to denial of the application.

EB-5 Job Creation Requirements

The 10 full-time jobs being created for U.S. workers are in addition to the EB-5 investor and any family members. Any employee authorized to work in the U.S., including green card holders, will fulfill the job creation requirement. Hiring for all positions must take place within two years of your investment, and a hiring schedule must be documented.

Experienced EB-5 Attorneys Ready to Assist You

The London-based immigration law firm of Hodkinson Law Group concentrates in EB-5, EB-2 and other forms of U.S. visa applications. Contact us today to discuss your immigration goals.

 

EB-5 Immigrant Investor Process  申请程序

Application Process

  1. File a Form I-526, Petition by Alien Entrepreneur
  2. Upon approval of the Form I-526 petition, either:
    1. File a Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to conditional permanent resident within the United States, or
    2. File a DS-230, Application for Immigrant Visa and Alien Registration, with the Department of State to obtain an EB-5 visa for admission to the United States.

The EB-5 investor (and his or her derivative family members) is granted conditional permanent residence for a two-year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.

  1. File Form I-829, Petition by Entrepreneur to Remove Conditions, 90 days prior to the two-year anniversary of the granting of the EB-5 investor’s conditional resident status (Green Card). If USCIS approves this petition, the conditions are removed from the EB-5 applicant’s status and the EB-5 investor and derivative family members will be allowed to permanently live and work in the United States.

Forms are available in the Forms section of the USCIS website, by calling 1-800-870-3676, or by submitting a request through our Forms by Mail system. Please see the About Us section for more information on USCIS offices.

Form I-526 Petition for an Alien Entrepreneur

Requirements

Supporting Documents (Evidence)*

New Commercial Enterprise

Evidence that you have invested in a “for profit” new commercial enterprise, which is a commercial enterprise:

  • Established after Nov. 29, 1990, or
  • Established on or before Nov. 29, 1990, that is:
    1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
    2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Evidence, if applicable, that your new commercial enterprise has been established and is principally doing business in a targeted employment area (TEA).

Managing the New Commercial Enterprise

Evidence that you will be actively involved in the management of the new commercial enterprise (day-to-day or through policy).

Investment

Evidence that you have invested or are in the process of investing the amount required ($1 million or $500,000).

Evidence that the investment funds were obtained through lawful means. Evidence that the capital used was legally acquired may be demonstrated by the following:

  • Foreign business registration records
  • Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years
  • Documents identifying any other source of money
  • Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor within the past 15 years
Job Creation

Evidence that the new commercial enterprise will create at least 10 full-time positions—not including yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 employees will result. Include approximate dates, within the next two years, and when each employee will be hired.

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.

Job Preservation—Troubled Business

The same evidence which is mentioned above for job creation except instead of the evidence that the business will create at least 10 new jobs, you must submit evidence that:

The number of existing jobs is being or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I-9 (Employment Eligibility Verification), or other relevant documents for the qualifying employees and a comprehensive business plan shall be submitted in support of the petition.

* Note: To be approvable, at least 10 jobs must be maintained.

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.

 Form I-829 Petition by Entrepreneur to Remove Conditions

You must submit Form I-829 within the 90-day period immediately before the second year anniversary of your admission to the U.S. as a conditional permanent resident.

 

Requirements

Supporting Documents (Evidence)*


Investment

 

Evidence that you in fact invested in a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’ organizational documents and federal tax returns.

Evidence that you have invested or are actively in the process of investing the total amount of required funds.

Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:

  • Business invoices and receipts
  • Bank statements
  • Contracts
  • Business licenses
  • Audited or reviewed financial statements.
  • Complete copies of federal or state income tax returns or quarterly tax statements

Job Creation

Evidence that you created or will create within a reasonable time 10 full-time jobs for qualifying employees. Such evidence may include, but is not limited to:

  • Business payroll records
  • Relevant tax documents
  • Employee Forms I-9
Job Preservation—Troubled Business

The same documentary requirements for job creation mentioned above, except that the investor must show that he or she has maintained (not created) the number of existing employees at no less than the pre-investment level for the period following his or her admission as a conditional permanent resident.

*Note: To be approvable, at least 10 jobs must be maintained.

*Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.

 


Dependents

Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period. If your I-829 petition to remove conditions is approved, the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent residents (Green Card holders) your spouse and children will be authorized to work or attend school in the U.S.

 
需要的表格

Forms

 


 


有关区域中心的合法性和可持续性方面的问题

Eb-5 

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=263c5a10ff414310VgnVCM100000082ca60aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Questions and Answers: Form I-924A

Background

8 CFR 204.6(m)(6) provides that regional centers must continue to meet the requirements of Section 610(a) of the Appropriations Act by continuing to promote economic growth, improved regional productivity, job creation or increased domestic capital investment in the approved geographic area.

Form I-924A, Supplement to Form I-924 (“I-924A”) is used to demonstrate a regional center’s continued eligibility for the regional center designation and must be filed with USCIS on an annual basis for each fiscal year (October 1 through September 30) within 90 days after the end of the fiscal year (on or before December 29th).

Form I-924A may be obtained on the USCIS website.

Below you will find questions and answers regarding the regional center Form I-924A filing and reporting requirements.

Part I. Questions and Answers

Q. Form I-924A asks in Part 1 for the provision of the USCIS-assigned number for the designated regional center. My regional center has had several case numbers assigned to its regional center filings. Which USCIS-assigned number should I provide?

A. USCIS assigned a unique identifier to every approved or prospective regional center in August of 2011. Unlike a receipt number which changes with every filing, this unique identifier is permanently assigned to each approved regional center, and will be associated with all Form I-924 applications that are filed by the regional center. The regional center unique identifier’s naming convention is as follows:

IDxxxxxxxxxx

Please provide the regional center’s unique identifier (if known) and a copy of the regional center’s most recently issued approval notice.

Q. Form I-924A asks in Part 2 for the regional center to check box a. or b. Part 2.a. appears to be the box to check for a filing for a specific fiscal year. Part 2.b. appears to be the box to check for a filing for a range of fiscal years. Under what circumstances is Part 2.b. to be used?

A. 8 CFR 204.6(m)(6) requires regional centers to provide information demonstrating continued eligibility for the regional center designation on an annual basis, on a cumulative basis, and/or as otherwise requested by USCIS. In some instances USCIS may request that a regional center submit information covering a succession of fiscal years on Form I-924A. Part 2.b. should be checked by the regional center in those instances to specifically identify the period of time covered by the Form I-924A information submission.

Q. In Part 3, does “capital investment” refer only to the investments made by EB-5 capital investors, or should it include other financing that is part of the EB-5 capital investment project?

A. “Capital investment” in Part 3 of Form I-924A refers solely to investments made by EB-5 investors. A regional center has the option to supplement the required information in Form I-924A, such as other financing that is part of an EB-5 capital investment project.

Q. At what point is capital considered “invested” for purposes of inclusion in Part 3 of Form I-924A; Form I-526 filing, I-526 approval, release from escrow (if any), or expenditure in a project?

A. Capital investment occurs when the EB-5 investor’s capital is actually transferred into the new commercial enterprise. Funds held in escrow should not be counted as capital invested for the purposes of completing Form I-924A, Part 3, as these funds have yet to be actually transferred into the new commercial enterprise.

Q. At what point are jobs considered to be created for purposes of inclusion in Part 3 of Form I-924A; I-526 approval – the time of the expenditure of the capital in the capital investment project or the accomplishment of other milestones in the business plan for the project?

A. In reporting statistics, USCIS estimates job creation (10 jobs per investor) based upon the number of Form I-829 petitions that were approved within the period of time under study. Regional centers may opt to adopt this timing approach to simplify the record keeping and data analysis required to be responsive to Part 3 of Form I-924A.

If a regional center chooses to adopt a job creation reporting methodology using economic impact modeling for the job-creating business activities that occurred within its capital investment projects during the fiscal year, then a detailed narrative and analysis should be provided with the Form I-924A that identifies the jobs that were created during the fiscal year and the methodology used to estimate the job creation. Further, regional centers should consistently use the same methodology from year-to-year to avoid erroneous or duplicative job creation estimates.

Q. Should capital investment and job creation numbers be reported strictly within the fiscal year in which they were respectively accomplished?

A. Yes, the amount of capital invested and jobs created through the regional center’s capital investment projects should be reported strictly within the fiscal year in which they were respectively accomplished. For Form I-924A filings for fiscal year 2011, the capital investment and job creation in Part 3 should only include events that occurred between October 1, 2010 and September 30, 2011.

Q. Where should a regional center account for jobs that were maintained in a “troubled business” during the fiscal year?

A. The number of jobs that were maintained in a “troubled business” should be identified in the section entitled “Aggregate Jobs Maintained” in Part 3.2 of the Form I-924A.

Q. What level of detail must a regional center use to identify the NAICS code for the Industry Category in Part 3.2 of Form I-924A?

A. The purpose of collecting North American Industry Classification System (“NAICS code”) information regarding the industries in which EB-5 capital is invested and jobs are created is to enable USCIS to provide information to internal and external stakeholders about the industries that are participating in EB-5 capital investment projects.

According to the U.S. Census Bureau’s FAQs regarding the NAICS codes , NAICS is a two- through six-digit hierarchical classification system, offering five levels of detail. Each digit in the code is part of a series of progressively narrower categories, and the more digits in the code signify greater classification detail. The first two digits designate the economic sector, the third digit designates the subsector, the fourth digit designates the industry group, the fifth digit designates the NAICS industry, and the sixth digit designates the national industry.

The NAICS code identified in Part 3.2 of Form I-924A should have sufficient detail to identify the industry for the primary business activity of the capital investment project. In general a NAICS code with four-digits, which identifies the industry group of a given economic activity would be an appropriate entry. For example, if the capital investment project involved Fruit and Nut then the appropriate NAICS code to use would be 1113.

Q. If a regional center creates jobs in numerous industry categories, should the regional center identify multiple industry categories, or indicate only the largest industry category in Part 3.3 of Form I-924A?

A. All of the industry category titles relating to the primary business activities conducted by the commercial enterprise should be identified in the event that the commercial enterprise engages in investments in multiple capital investment projects that span industries. Form I-924A indicates on page 2 of the form that if extra space is needed to complete any item, that the regional center should attach a continuation sheet, indicate the item number, and provide the response.