미국 투자이민 분야에 15년 이상 경력을 가진 한국말을 구사하는 미국변호사와 상담을 원하십니까? 미국 투자이민 프로그램은 법과 규정을 떠나서 빠르게 변경될 수 있는 미이민국 (USCIS 와 California Service Center) 내부 정책과 미국 투자이민 industry 의 움직임을 잘 파악해야 하는 분야입니다. 이 분야에 경험이 많은 미국 투자이민 전문변호사와 상담을 하고 싶으신 분은 위 "투자이민법 상담" 을 클릭하신 후 상담 신청을 하시면 됩니다. 본인 성함, 연락처와 현거주 도시를 알려주시고, 상담 내용을 간단히 적어주시면 됩니다. 한국에 계셔도 미국 투자이민법만 다루는 미국변호사와 상담이 가능합니다.


[Q] Can the required 10 full-time positions filled by me or my family members?

No, but your relative or friends can fill the positions, as long as the positions are bona-fide positions, and they really will be working.

[Q] Practically speaking, what is meant by the "new commercial enterprise" investment into which that is required for EB-5 case?

"New" means any for-profit entity established after November 29, 1990. For practical purposes "new commercial enterprise" can take any one of four forms: 1) the creation of new business; 2) the purchase of an existing business, which is reorganized to form a new enterprise (you don't want to try this!); 3) the expansion of an existing business; or 4) the saving of a failing business.

[Q] Do you have to have the entire amount of the requisite fund invested when you apply for I-526, IV or I-485?

Legally, you can show that you have invested or be in the process of investing, but in the latter case, you have to prove availability of the funds and an actual commitment of the required fund. Therefore, it is a lot more difficult route that you should avoid in all cases.

2008/12/04 -- USCIS Stakeholders Conference Call with IIUSA and AILA

This important Summary approved by USCIS on December 12, 2008 contained questions and answers on various EB-5 issues, including:

  • a possibility of "pre-approval" review.
  • when jobs have to be created for regional center projects
  • whether construction jobs will count
  • a more consistent adjudications
  • premium processing and concurrent processing

[HOT] [Q] Does construction-related jobs for a real estate development or renovation project count for EB-5 case?

Although both statutes and regulations are silent on this point, the AAO has held, however, that construction jobs do not qualify for direct job creation, but USCIS has stated that it is willing to allow the indirect and induced job creation from construction jobs in EB-5 regional center cases, but of course, not in direct, individual EB-5 case.

Requirements of removing conditions through I-829

Let's first examine the applicable regulatory language governing I-829 removal contained in 8 CFR Sec. 216.6 (c).

Sec. 216.6 Petition by entrepreneur to remove conditional basis of lawful permanent resident status.

(c) Adjudication of petition.

(1) The decision on the petition shall be made within 90 days of the date of filing or within 90 days of the interview, whichever is later. In adjudicating the petition, the director shall determine whether:

(i) A commercial enterprise was established by the alien;

(ii) The alien invested or was actively in the process of investing the requisite capital; and

[HOT] Number of Regional Centers with I-829 approvals and recouped investments -- our best guess

As of August 2012, there are over 210 USCIS-designated RCs. You can see the up-to-date list of USCIS designated Regional Centers on their official website at below link:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176...

Federal Court cases deciding on EB-5 issues

A few, relevant Federal court cases (both District & Circuit Court) deciding on EB-5 issues will be attached in their entirety in this section.

[HOT] USCIS/CSC/CBP/SEC Stakeholders Teleconferences Minutes or Q & A concerning EB-5 issues

Note that attached files can be accessed by Administrator only for our own internal research purpose, unless otherwise made available to users as links.

** The most recent USCIS EB-5 Stakeholders Teleconference summary has been uploaded. Note the most recent Q & A appears at the bottom because Q&As are posted top to bottom chronologically.

Collection of USCIS guidance memos & letters on EB-5 issues

USCIS (or its General Counsels) has issued over the years many guidance memos and/or letters touching upon diverse EB-5 issues. Note that the USCIS has recently (starting 2009) issued guidance memos which in some sense change their former positions on some issues. Therefore, these guidance memos have to be read together.

2000/03/03 -- Pearson Memo on I-829 adjudication

* Note that uploaded or attached files will be shown only to Administrator for our own internal research purpose.

This Person Memo dated March 3, 2000 addresses various issues concerning I-829 adjudication.

2004/06/04 -- USCIS response letter guidance on retained earnings

* Note that uploaded or attached files will be shown only to Administrator for our own internal research purpose.

In its response letter dated June 4, 2004, USCIS holds that retained earnings cannot be used as investment fund.