Introduction of EB-5 investment immigration policy, project and operation mode in the United States

American EB5 investment immigration program is an immigrant visa category established by American immigration law for overseas investment immigrants. EB-5？ (Fifth preference based on employment). This kind of visa was implemented from 199 1, and the US government added a special visa to EB-5 immigration regulations of 1993. Regional center immigration project? (regional center pilot project), which one will match the immigration application conditions? Ten jobs must be created directly? The regulations are relaxed to? Create ten jobs directly or indirectly? . Make EB-5 a convenient channel with the shortest application time and the least qualification conditions among all immigration categories in the United States. According to the Immigration Naturalization Law (INA), there are 65,438+00,000 EB-5 immigrant visas every year (note: 65,438+00,000 places refer to 65,438+00,000 individuals, not 65,438+00,000 families).

Immigration policy reform

Since 20 15, the situation of American investment immigrants has been turbulent and changing frequently. On September 30th last year, the Provisional Law on Regional Centers expired, and the policy was temporarily extended to 65438+February 1 1. However,165438+1October 7, the US Senate and House of Representatives have reached the latest draft of the new EB-5 reform bill. Although it has not been finalized yet, it also represents the main points of compromise between the two parties and will be released before February 1 1. In this way, as the 20 16 US presidential election approaches, it faces many domestic political problems.

As far as the current policy development trend is concerned, the specific provisions and effective time of the final bill are still full of variables and confusing. But? Price increase? And then what? Strict management? It has been decided, including raising the minimum investment to 800 thousand dollars, increasing the transparency of EB-5 plan, strengthening the supervision of regional centers and protecting investors from fraudulent projects.

The focus of the reform dispute mainly focuses on the issues that have great influence on investors, such as the change of the definition of tea and the change of the calculation method of job creation.

Project introduction

EB-5 immigrant visa is a two-step visa. Applicants need to complete the investment in the regional center project recognized by the US Immigration Bureau, then obtain a temporary residence visa (I-526 visa) in the United States, and then settle down and live in the United States. After five years, the applicant can apply for a permanent resident visa, that is, the American green card (I-829 visa), from the US Immigration Service.

According to the American immigration law, citizens of other countries outside the United States, who have reached 2 1 year old, have an investment capital of 500,000 US dollars and have no criminal record, can apply for investing in the regional center project.

At present, there are more than 1 * * 1 100 regional centers recognized by the US Immigration Service and EB5 immigration fund companies for immigrant investors to choose from. There are three ways of immigrant investment: loan, equity and portfolio. Most of the regional center projects are loan projects, and investors can choose their favorite projects according to their own risk preferences.

These types of investment projects operate as follows:

Borrowing type

The loan investment belongs to the loan to the project party, and the interest paid by the project party is extremely low. In return for the low-interest loan, the investor will get a green card, and the project owner will use the project's own assets as a guarantee for the loan.

Equity type

Equity investors' investment funds will directly or indirectly own the equity of the invested project, and can participate in the major decision-making of the project and participate in the company's dividends to a certain extent.

Portfolio type

Portfolio type means that a project has multiple investment targets, and investors who choose American investment immigration institutions will invest in different targets. A problem with one goal will not affect others. By diversifying risks, we can obtain relatively stable income and diversify investment and risks.

According to experts, no matter which investment method investors choose, the investment funds can be redeemed or withdrawn after the expiration of five years. Some projects can not only get back the principal, but also interest and equity dividends when they recover the investment funds. At the same time, investors can get the American green card (I-829 visa) issued by the US Immigration Service, and then they can freely enter and leave the United States.

American investment immigration is risky.

What must be the biggest feature of EB-5? Risk? (risky), suppose you bought the creditor's rights of the United States government with money, which is credible, isn't it? Risk? . When lending money to an American enterprise, even to Apple and Boeing, or even to such a company, do you want it? Risk? . Because such a company may also be risky.

In the past few years, EB-5 has been various. Rotten tail? The endless events have caused many investors to question the EB-5 project. How to accurately choose the guarantee project with double guarantee of green card and funds has once again become the biggest question for EB-5. Immigration experts pointed out that only by mastering the key methods can we effectively control the risks of EB-5 projects, and naturally we can safely get green cards and investment funds.

If you want to avoid risks, you must first understand them. Generally speaking, there are two main risks of American investment immigration:

One of the risks is the green card risk.

In order to constrain investment immigrants to invest in accordance with relevant regulations and create corresponding jobs, the US Immigration Bureau issued a conditional green card with a validity period of two years for the first time.

The only difference between a conditional green card and an ordinary green card is the validity period, while the latter is valid for 10 years (it will be renewed when it expires). The Immigration Bureau will examine whether the applicant's investment funds are still in the project 2 1 month before the expiration of two years, and whether the invested projects can meet the requirements of indirectly creating 10 jobs. If it meets the requirements, the ordinary green card will be renewed, otherwise the green card will be cancelled.

The second risk is the principal risk of $500,000

According to the US Immigration Bureau, EB-5 applicants' investment must be risky, and third parties are not allowed to guarantee the repayment of the applicants' investment. After the five-year investment expires, if the project party is insolvent, the applicant may not get back the investment money.

Experts believe that American investment immigration projects with controllable risks generally have the following characteristics:

1, the amount of government funds is relatively large (more than 30%);

2. The proportion of EB-5 investment is relatively low (about 30%).

3. Adequate employment surplus (the employment surplus rate is more than 25%).

The above three points ensure that the project has sufficient support to successfully complete and successfully create enough jobs.

4. The project provides the applicant with full mortgage collateral (generally 0.5~2 times of the loan amount of 65438+e b-5).

The applicant is the first creditor of the mortgage collateral provided by the project party.

The above two points are to ensure that the applicant has sufficient repayment guarantee and can get back the investment money.