What is the US EB- US investment immigration guarantee policy and what are its contents?

EB- Since the implementation of the investment immigration plan, the US immigration application has clarified this risk principle-investors' funds must be injected into projects with certain risks, otherwise USCIS will not give investors and their families green cards. This principle has not changed since 1990.

American e B- American investment immigration protection policy

For example, if the regional center clearly stipulates in the limited partnership and subscription agreement with investors that the regional center guarantees to return all the investment principal after five years of investment, it is illegal to operate, which is legally called repurchase, eliminating the risk factors in investment. In fact, returning a certain amount of money or real estate to investors before the start of investment (not necessarily five years later) is a repurchase. At present, many regional centers violate this principle in their market operations. For example, after five years, one center will return the shares equivalent to the investment proportion to investors, and several regional centers will return a certain amount of real estate to investors after a certain period of time.

In the Limited Partnership Agreement and Subscription Agreement, the EDL plan has never provided any repurchase. Although the document clearly stipulates that the limited partnership enterprise will be dissolved after the five-year loan is paid off, and the income sharing ratio of the limited partners is clearly arranged, there is no written commitment to investors on how much funds/assets to obtain. When did you come back?

From 65438 to the mid-1990s, a large number of EB- investors criticized and complained about the uncontrollable risks of EB- projects in the United States. The typical problem is: I strictly follow American regulations that EB-5 immigrants need to invest, but due to business factors beyond my control, others may get a green card, and I am unlucky, underemployed and my business fails. Therefore, I can't get a green card and get my investment back. ? After the American economic crisis in 2008, this appeal began to be taken seriously by the American government, trying not to attack EB. At the meeting from June 5438 to February 2009, the US Immigration Bureau put forward a new principle through its own lawyers, that is, to ensure the legality and acceptability of investment in the form of a third party. The third party here is not an entity that receives investors' funds, usually neither a regional center nor a specific project that receives funds, but an institution that has nothing to do with the investment (limited partnership and subscription) agreements between the two parties. The legal interpretation is that the third-party guarantee will not change the definition of the risk of the investment itself in the Limited Partnership and Subscription Agreement, and the guarantee compensation provided by the third party will not essentially eliminate the risk of a specific project.

More than a dozen centers, including the American Employment Development Loan Center, have explicit third-party guarantees.