Specific policy requirements for EB 5 investment immigration in the United States

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Investors in EB-5 projects must meet one of the following criteria: Invest $1,000,000 anywhere in the U.S. and employ at least 10 employees; Invest $500,000 in a nationally recognized low-employment area and employ at least 10 employees; An investment of $500,000 in a specific area approved by ** can form an economic agent through investment (according to relevant U.S. policy, the EB-5 program refers to such an economic agent"Regional Centers"The economic entity can be either a private entity or a public utility. Through this program, the funds accumulated by the invested economic agents will be introduced to specific U.S. regions.

Generally speaking, eligible applicants will be notified of their approval by USCIS within two to six months after the documents are submitted, and a conditional immigrant visa (conditional green card) will be issued within six to eight months, while the investor will only need to obtain an unconditional green card after the relevant five-year investment period, and the investor's spouse and children can also obtain permanent residency.

In addition, the U.S. has relatively relaxed requirements for EB-5 applicants, with no requirements for education, language, age, or business background, and only needs to prove that the investment funds are legal (including personal accumulation, bequest, inheritance, etc.).

According to the March 15, 2022 U.S. ** Biden signed and approvedEB-5 Immigrant Investor ActForeign investors who invest $800,000 in the U.S. in a USCIS-approved TEA (Targeted Employment Area) program will be issued a two-year conditional green card. The new bill sets aside 3,200 green cards per year for TEA regional projects and infrastructure projects without backlogging.

If the investment project creates 10 jobs within two years, the investor can apply to have the conditions of the green card lifted, thereby obtaining a permanent green card.

Driven by the EB-5 New Deal,With the reserved visa program to get a green card quickly without a backlog, eliminating the pain of the applicant's backlog, and the new I-526 + I-485 "dual filing" policy, it provides applicants in the United States with the advantages of working in the United States in advance, studying, and living in the United States.

In addition, the new Act allows investors who meet certain conditions to file an I-485 adjustment of status at the same time as the I-526 petition, and the applicant can also apply for travel authorization I-131 and work authorization I-765 at the time of filing the I-485 petition. This means that after submitting the application, the applicant can wait for the green card in the United States with peace of mind, and even if the priority date is not guaranteed, there is no need to worry about not being able to legally live in the United States for a long time.

There are five major advantages to EB-5 investment immigration under the new law.

The first is the validity of the project: the regional center is extended until September 30, 2027.

Investment amount: $1.05 million (non-TEA area).

$800,000 (TEA Targeted Employment Area or Infrastructure Project).Advantage 1: No desplitting periodUnder the new project, 3,200 places will be reserved for TEA projects every year, and there is currently no priority for reserved categories.

20% is reserved for projects in rural areas.

10% is reserved for projects in areas with high unemployment.

2% is set aside for infrastructure projects.

Due to the epidemic in the past two years, the family immigration quota has not been used up and the EB-5 quota is sufficient for employment-based immigration, and the EB-5 quota is sufficient for fiscal year 2022-2023. The lack of a backlog is an obstacle that makes many applicants eager to try.

Advantage 2: Strengthen supervisionUSCIS audits regional centers at least once every 5 years.

To establish Integrity**, the new country in the region must donate between $10,000 and $20,000 per year.

The head of the regional center must provide a clean criminal record.

Immigration** companies may be required to register with the USCIS.

Advantage 3: Add a new "grandfather clause".The expiration of the bill will not affect the processing of EB-5 petitions filed before September 30, 2026.

Advantage 4: Shorten the trial timeIncreasing the EB-5 filing fee to increase staff is expected to shorten the processing period to 14 months.

Advantage 5: Change of status within the United StatesUnder the new law, if the applicant is in the United States, the I-485 petition, AP card (re-entry card) and EAD can be filed at the same time as the I-526 petition is filed. According to the current approval time, it will take half a year to one year to approve AP cards and work permits.

AP card, which can enter and exit the United States; EAD card, which solves the problem of work status. This means that applicants in the United States can receive their green card directly in the United States, and their study, employment, and residence in the United States will not be affected while waiting for the green card, and the green card benefits will be locked in advance.

Highlights of EB-5 immigrant investors include the ability to obtain a U.S. green card, access to a variety of benefits such as U.S. education, medical care, and social benefits. In addition, it can also bring investors a good return on the front bridge. Project Advantages:

1.Relaxed application conditions: no rigid requirements such as age, education, business experience, English ability, etc.;

2.The investment threshold is low, and it is the most important way to obtain a U.S. green card;

3.No immigration supervision: The applicant can maintain the validity of the green card after leaving the United States for no more than half a year;

4.The preparation of application materials is simple and fast;

5.Children enjoy a silver reputation and are treated by students in the United States, and free and high-quality primary and secondary education is virtual;

6.The acceptance rate of prestigious universities is dozens of times that of studying abroad;

7.You can freely choose your place of residence, and you don't need to live in the project location;

8.The investment is $800,000 and the principal is returned after five years.