What is EB5 investment immigration?

In order to attract foreign investment, create employment opportunities and stimulate American economic growth, the U.S. government has established the fifth priority for professional immigrants in the American Immigration Naturalization Act (8 U.S.C. 1 153 (b) (5). Investment immigration (EB-5) has universal advantages for foreign citizens who have sufficient assets and intend to immigrate to the United States. Investment immigration does not require applicants to have any academic qualifications or other resumes and qualifications. No matter what nationality the applicant is, whether he has investment experience, business management skills or even speaks English, he can apply. According to the Memorandum of Understanding on Investment Immigration (EB-5) issued by the Department of Homeland Security and the Department of Immigration in June 10, eligible foreign investment immigrants are provided with10,000 investment immigrant visas every year, of which 3,000 visa places are reserved for investment immigrants in the target employment area (TEA) and 3,000 visa places are reserved for investment immigrants. As long as the applicant's capital source is legal and meets the following three conditions, it can be approved:

Object and method of investment

The target of the applicant's investment must be a profit-making enterprise. Such companies in the United States include Corporation, limited liability companies, limited liability partnerships and other legal persons or individual-owned enterprises, but do not include non-profit organizations.

For investment methods, the regulations of the Immigration Bureau are also quite broad. Applicants can apply for a green card through the following three investment methods.

A new business enterprise. As the most basic investment method, the applicant can:

Establish and manage new enterprises anywhere in the United States, or acquire existing enterprises and substantially rebuild or reorganize them;

Invest in an existing enterprise to increase its net assets or the number of employees by 40%.

Multiple EB-5 applicants can invest in an enterprise at the same time, but the investment amount and the job opportunities created by each investor must still meet the requirements of the Immigration Bureau.

Enterprises in trouble.

Applicants can apply for EB5 immigrant visa through the acquisition and management of enterprises with difficulties. Difficult enterprises refer to enterprises that have existed for more than two years before the applicant applies for investment immigration (Form I-526) and have lost more than 20% of their net worth in one or two years. For applicants who have acquired difficult enterprises, the US Immigration Service does not require an increase of 10 jobs, but only requires the existing 10 jobs or the employment status at the time of investment to be maintained for at least two years. However, as a special case of the acquisition of existing enterprises, the net value is still required to increase by 40%.

Pilot project of regional center.

Investors can also invest their money in "regional centers" approved by the Immigration Bureau and become partners or shareholders of a certain project. In order to stimulate foreign investment, American immigrants will issue 3000 visas to EB-5 applicants who invest in "regional centers" every year. Compared with other investment methods, "regional center" is unique, for example, investors are not required to participate in daily company management, and in addition to direct employment opportunities, indirect employment opportunities also meet the requirements of "creating 10 employment opportunities" by the immigration bureau, and so on. At present, almost 90%-95% EB-5 applicants have chosen this investment method. According to the plan of the U.S. government, this project will end on September 30th, 20 12, but considering the current economic situation in the United States, it may be extended for a period of time.

amount of investment

Generally speaking, the US Immigration Service requires an investment of not less than $654.38+00,000. However, there are exceptions. In order to stimulate the economic development of remote or high unemployment areas in the United States, the Immigration Bureau stipulates that if an applicant invests in a "target employment area", that is, a rural area with a population of less than 20,000 or a high unemployment area with an unemployment rate higher than 50% of the average unemployment rate in the United States, the investment amount can be reduced to not less than 500,000 US dollars. It is also worth noting that the investment threshold of regional centers in most departments is not less than $500,000.

Create employment opportunities

In addition to investment, another core requirement is to create employment opportunities. The general legal requirement is that for the applicant to start a new enterprise, he must directly employ 10 full-time American citizens or American green card holders or other legal immigrants through the invested enterprise within two years after the I-526 form is approved; Investors participating in the regional center plan need to prove that the regional center is operated according to its approved business plan; For applicants who want to acquire difficult enterprises, at least the number of employees should be maintained when investing. EB-5 Investors themselves and their spouse's children are not included.