What are the chances of investment immigrants in EB5 in the United States getting a formal green card two years later?

According to American law, the investment activities of American investment immigrants must be in a "risk state", otherwise it does not meet the requirements of EB-5 investment immigration law. On this basis, Christopher, the responsible official of the US Immigration Service? Mr Einar emphasized that when choosing American investment immigration projects, we should understand three important guarantees of investors.

First, after the investor's I-526 application is approved, whether the regional center will invest its funds in specific projects. In this way, if the investor's immigration application is not approved, the investor can get all the investment of $500,000 or $6,543.8+0,000 from the regulatory bank in time, thus ensuring the investor's financial security before the immigration application is approved.

Second, after the investor gets an immigrant visa and enters the United States, can the investment project guarantee to create 10 direct or indirect employment opportunities within two years? Whether the investment project can enable investors to obtain a permanent green card after two years should be considered from the following three aspects:

1) The first level is the "calculation model of new employment opportunities" of the project. As mentioned earlier, after American investment immigrants apply for approval in I-526, the whole family (including unmarried children under the age of 2/kloc-0) will get a conditional green card, and they can enter the United States and enjoy the same treatment as permanent green card holders. After two years, investment immigrants can apply to cancel the green card condition (I-829), provided that the invested project "directly or indirectly creates 10 jobs". In order to calculate the indirect employment opportunities brought by every direct employment opportunity created by investment immigration projects, each investment immigration project must provide the "calculation model of new employment opportunities" recognized by the Immigration Bureau when applying for approval from the US Immigration Bureau. In this mode, the more job opportunities are created, the easier it is to meet the conditions of permanent green card and the easier it is to apply for I-829.

2) The second level of canceling the green card condition is to directly create employment opportunities in the industry where the investment project is located. To measure the ability of an industry to create employment opportunities depends on the growth cycle of the industry, the relevance of the macroeconomic environment and the policies encouraged or controlled by the host government. In addition, the fundamentals of job creation in each industry are different. For example, manufacturing can often create more employment opportunities, while real estate and service industries have relatively few employees. Past cases show that there have been cases where the regional immigration bureau failed to directly create enough employment opportunities due to investment in convention and exhibition centers or tourism, which led to the suspension of its EB-5 project and affected the applicant's obtaining a permanent green card. Result: Either refund the investor or change the project halfway. In either case, the time for investors to get the green card is greatly delayed. Even more frightening is that if I-526 application needs to be resubmitted, children who meet the age requirements may be over-aged and unable to obtain a green card.

3) The third level of green card permanence is the project management team and the company supervision mechanism. To ensure the project, the professionalism, experience and ethics of the management team and whether there are enough commercial and political resources to support the project are very important, and the supervision of the regional center on the project is also extremely important. In this regard, it will be difficult to meet the requirement of "effective supervision of projects" in the investment immigration law by means of loans from immigration regional centers.

Thirdly, it is an important factor to ensure the safe recovery of investment and a certain return after the investment expires. The investment without return on investment and losing money does not conform to the legislative purpose of the investment immigration law. Here, the safe recovery of investment should be considered from two levels: one is the probability of risk occurrence, and the other is what kind of protection investors can get once the risk occurs:

1) First of all, American immigration law stipulates that investment immigrants must be in a "risk state". Therefore, no matter how the immigration agent publicizes, any "zero-risk" project cannot exist in the United States without the protection of American immigration law. For example, in order to attract business, some immigration agents even claimed that the project company would provide hundreds or even higher asset guarantees, and even claimed to the investment immigrants that the project party had better go bankrupt, "in order to take the guaranteed assets of the guarantor as its own". But the fact is that truly guaranteed investment projects may cause investors to fail to obtain green cards because they are not "risky" investments. Recently, a court ruled that the asset guarantee provided by the project company to investors violated the requirements of "venture capital" stipulated in the US immigration law, so the investor's green card was revoked. In addition, some immigration agents claim that the XX project provides investors with a cashier's check guarantee. We must be cautious when encountering such projects and promotion agencies, because: if the project company has enough bank credit, it may no longer need to invest in immigration; However, investors get the equivalent cashier's check immediately after investing, which obviously violates the requirement of "venture capital" in the immigration law. Therefore, if you encounter a project that claims to be guaranteed by assets or cashier's checks, you must ask clearly what kind of guarantees and cashier's checks are used to meet the requirements of "risky" investment stipulated in the immigration law. In other words, all American investment immigration projects have certain risk probability, so it is very important to choose projects with better safety. Some projects are supported by the government, and the probability of risk is generally low, because American government agencies generally make detailed investigations on the projects they support and support projects that they think are less risky. But the small risk probability does not mean that the risk will not appear. Once the risk occurs, the degree of investor protection has nothing to do with the risk probability, but depends on the degree of protection of the project itself for investment immigrants. This requires understanding what the risk protection policy of the project itself is for investment immigrants.

2) Secondly, different projects have different legal and contractual protection clauses for investment immigrants, among which the capital structure of the project, the proportion of fixed assets, the protection clauses for shareholders' rights and interests, the number and qualifications of independent directors, and the number of employment opportunities are all important legal protection for investment immigrants. According to the provisions of the bankruptcy law of the United States, the priority of recourse when liquidating assets after bankruptcy is that creditor's rights are higher than preferred shares, and preferred shares are higher than common shares. In other words, once the risk occurs, the common shareholders will bear the risk first, then the preferred shareholders and finally the creditors. Therefore, the higher the proportion of fixed assets in the project, the more secure the investment of investment immigrants; The higher the annual output value of investment projects, the more secure the investment of investment immigrants; The higher the proportion of common shares in investment projects, the more secure the investment of investment immigrants holding preferred shares; The more job opportunities created by investment projects, the more secure the investment of investment immigrants; The more independent directors, the older their qualifications and the more diverse their backgrounds, the more secure their investment will be.

All investment immigrants in America must be venture capital. No matter how the project and immigration agencies publicize it, the nature of venture capital is no exception, but the probability of risk occurrence and the impact of risk on investors vary from project to project: even for projects with low risk probability, investors may suffer heavy losses if they invest in immigration in the risk structure; On the other hand, in projects with moderate risk probability, if the interests of investment immigrants are well protected in the risk structure, investors may suffer much less losses when risks appear.

The management fee for some projects is very low, but there may be many follow-up fees at different stages of the application process, such as attorney's fees and immigration application fees. Investment immigrants should understand that all regional centers and law firms are legally obliged to provide investment management and legal services for investment immigrants.

The market situation in the United States is that the lawyer's fee is generally around $20,000, while the management fee of the regional center is between $30,000 and $50,000. The immigration processing fee charged by the Immigration Bureau is charged according to the latest standards published on the website of the US Immigration Bureau. Therefore, if you encounter a project with low project management cost, you must ask in advance whether it is a one-time fee or other fees to be paid in the future, and ask for a list of fees in the form of an agreement; For projects with high project management costs, investors can also squeeze out water through detailed cost lists.