Characteristics of EB-5 Immigration New I-526 Form

/kloc-in the middle of 0/7, the US Immigration Service began to update the EB-5 application form. In fact, it is normal to update the application form, and the hidden worry of updating the application form is probably the increase of investment quota. As can be seen from the new version of the information filling form, the specific items about investment are basically added.

The new form shows the measures taken by the Immigration Bureau to improve the transparency and notarization of EB-5 applications. From the old 3-page application form to 13 page application form, a lot of important information about investors and regional centers has been added.

The following are the characteristics of the new I-526 application form: five years of work experience and five years of residence address are required.

This information was originally only required to be filled in the DS-260 or G-325A application form after I-526 was approved, but now the Immigration Department requires that it must be provided at the I-526 application stage. Applicants must ensure that the information filled in the I-526 form is consistent with the information they provided when applying for a US visa in the past, as well as with the information provided in the funding source document.

Investment category and required investment amount

Question 7 is whether the investment project is in the "upward adjustment"

Area ",the Immigration Bureau has not given an accurate definition. The new form also allows applicants to choose whether new business companies (NCE) and job creation companies (JCE) are located in rural areas or high unemployment areas (TEA).

Income and net assets of the applicant

The new form requires the applicant to fill in the investment type. Some people think that this question is actually to confirm whether NCE belongs to a troubled enterprise.

Business), but the subtitle in the form is "your investment and income", which shows that you are asking for information from investors. In addition, the applicant also needs to fill in the total income, net income and net value when investing. For many applicants, this information is not needed to ensure the legal source of investment funds.

Composition of investment funds

This part may be the most confusing place in the new version of the form, that is, the applicant is required to fill in what the investment fund is made of. The definition of "funds" by the Immigration Bureau is puzzling, which makes this problem more complicated. Although most investors invest in cash (the second part, box 9), according to the current interpretation of the Immigration Bureau, this cash may be in the form of loans (box 12) or equity (box 13). In addition, there is an option to list the value of property transferred from overseas to the United States, but there is no option for the value of property in the United States (box 1 1).

Sources of investment funds

The new form requires applicants to fill in the source of funds. Here, "borrowing" is another option, but there are still many disputes in the industry about whether the invested money is borrowing. Different definitions of "loan" make it difficult for applicants to choose the source of investment funds on the form.

Information about NCE

The applicant must list all shareholders and shareholding ratio of NCE, and whether these shareholders apply for EB-5. But this information often changes, which also increases the difficulty of filling out the form.

Funds from non-EB-5 investors

This problem does not take into account that the capital of the project can be raised by borrowing or other financing methods, and it is not clear whether it is aimed at the capital of NCE or JCE or the capital of two institutions.

We hope this new form can help the Immigration Bureau to speed up the examination of I-526 applications and increase the transparency of EB-5 investment immigrants. This form is a great progress in reform, and its positive role should be affirmed. However, the new and complicated questions in the form are a big burden for both the applicant and the project party, and what will happen if the applicant fills in the wrong information because some questions are vague? The applicant, the project party and the lawyer must carefully check the information filled in the form. If there is any inaccurate or contradictory information, it may have serious consequences.

The USCIS has issued a new version of the I526 application form, and the applicants for investment immigration need to provide more and more information. Lawyer China believes that it is normal to update the form, but the substantial increase in investment will affect investment immigrants. The new version of the I526 application form issued by the Immigration Bureau requires more detailed information, such as the applicant's address, work unit, income and assets in recent years, etc., and requires that the applicant must use this version from September 6. With the possibility of a substantial increase in investment, more and more information is provided, and the examination is more and more strict. Is the threshold for investment immigration rapidly increasing? Zhang Jun, a Chinese lawyer in Los Angeles, said that this has nothing to do with whether Trump wants to strengthen investment immigration control.

Zhang Jun said: "Besides the change of form I526, other forms are also changing, so I haven't closely linked the change of form with the strict control of investment immigration. After several revisions over the years, the form I526 pays more attention to the basic information of investors, such as previous criminal records, investment amount, potential employment, and the legality of relevant funds. I think the previous formal reform is still in line with this. " Many people think that it may have a greater impact on future investment immigrants. Such a big promotion will really discourage some people.