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] What are the advantages of obtaining CPR through EB-5 in general vs other immigration options?

Upon receipt of conditional permanent resident status, the investor's family (spouse and children under the age of 21 at time of application) are entitled to the same benefits as other lawful permanent residents. Some of these benefits include:

Living and working anywhere in the U.S.
No employment authorization to accept employment
Ability to develop and run your own business

[Q] I set up a business and created 9 new, full-time positions. Can I hire my spouse as the 10th employee?

No, under the EB-5 law, investor and family members cannot be included in the 10 full-time jobs to be created. Also, only CPR, LPR or USC workers qualify, meaning someone who is on F-1 visa cannot be included in the 10 new positions.

Job-calculation methodology utilized by LAFRC

The Los Angeles Film Regional Center uses the RIMS II job-calculation methodology, which has been developed by the Bureau of Economic Analysis (the "BEA") division of the U.S. Department of Commerce. See www.bea.gov.

Hawaii DBEDT Regional Center Designation Letter

Attached below in PDF format is the Hawaii Regional Center Reaffirmation letter from USCIS dated October 30, 2008 allowing EB-5 projects to take place within the parameters and conditions set forth in the designation letter.

Pennsylvania DCED Regional Center Designation Letter

Attached below is a PDF file for the Pennsylvania DCED Regional Center Designation Letter, approved by USCIS on April 13, 2007, to engage in EB-5 projects in various industries in the described region of Pennsylvania state.

LAFRC Regional Center Designation Letter attached

Attached is the Regional Center Designation Letter for the Los Angeles Film Regional Center Program, approved by USCIS on March 24, 2008, to engage in projects (including making an investment loan) relating to the motion picture and television industry.

When examining real estate development based Regional Center EB-5 Project . . .

Many of the EB-5 projects (the "Projects") pursued by Regional Centers (the "RC") involve real estate development projects comprised of office and retail developments, shopping centers or resort hotel developments. If the Projects are not RC Projects, you need to make sure that enough Direct jobs will be created.

A provision to refund the investment amount in the event of I-829 denial?

No, USCIS recently made it clear through an official statement that this kind of arrangement will be deemed to violate EB-5 law. The released statement reads:

If your clients have pending I-526s at a USCIS Service Center or have had approved I-526s returned by NVC that contain subscription agreements that promise to return their investment if their I-829 is denied then the subscription agreement needs to be amended. That wording has been deemed to constitute a redemption agreement and such an agreement is prohibited.

The above statement makes it clear that such provision will be deemed to constitute a redemption agreement and will be prohibited.

Examining and understanding a regional center designation letter

Each and all EB-5 Regional Centers designated and approved by USCIS is issued a Regional Center (the "RC") designation letter (the "Letter") by USCIS. Basically, the Letter contains the following features:

  • Regional Center's official name and Principals;
  • Geographic Area covered by the RC;
  • Investment structures allowed for the RC;
  • Target Industries in which EB-5 projects can be established;
  • Type of Job-calculation methodology allowed to be utilized;
  • Documents that must be attached for I-526 petitions; and
  • Reporting requirements to USCIS

[HOT] Background on the "revival" of Regional Center EB-5 Program

The Regional Center Pilot Program was created around 1993, and from 1993 to around 1997, Regional Center Program took off based on aggressive marketing of a few Regional Centers who purposely began pushing the EB-5 law to its limit (with the implicit consent of USCIS, many would argue); but subsequently, the Regional Center Program encountered various problems and litigations with USCIS. It was not until after 2002 that the Regional Center Programs started making a come-back, and the growth has continued up to the present, although the current EB-5 market has been limited due to the lousy world economy. Why has the Regional Center Program made a sudden come-back after 2002?

Why the downfall in the first place?

[HOT] Basic requirements of attaining CPR & LPR through EB-5 case -- I-526 & I-829

Essentially, the EB-5 law allows qualified immigrants to "invest" the requisite "capital" ($1 MM or $500,000 USD in case of Targeted Employment Area case) of "lawful source" and to "engage" in a "new commercial enterprise" that will create (indirectly or by induced means in case of Regional Center EB-5 case) at least 10 new, full-time jobs.

That's it, really. Sounds very simple, right? However, as most EB-5 practitioners know, the success of meeting the above-described requirements depends largely upon how strictly the arbiter (USCIS) interprets the requirements and adjudicates your EB-5 case.

What sorts of immigrants qualify?

Having a cup of "TEA" in "Regional Center" is the best

This article will explain why having a TEA in the Regional Center is the best kind of EB-5 project for EB-5 investors. As you should know, the Targeted Employment Area (TEA) concept allows $500,000 USD investment rather than the regular $1 Million USD. That's a big difference. Also, the Regional Center (RC) concept allows the requisite job-creation to be indirect and induced, as well as direct. Combining the two concepts, you get a EB-5 project that requires $500,000 USD and allows job-creation to take place through directly and indirectly, but sometimes all indirectly.

[HOT] Types of EB-5 Regional Centers

After 2002, when the EB-5 Regional Center (RC) Program was revived due to various causes, regional centers started cropping up all over the USA to set up EB-5 projects that would be partially or completely funded by EB-5 investors' moneys. Starting with only a handful in 2003, the number of Regional Centers grew to approximately 30 as of January 2009. As of November 2011, there are over 160 designated regional centers, with many more pending. In our opinion, that's too many unless USCIS liberalizes EB-5 policies to spur more relatively rich people from applying for EB-5 cases.

These Regional Centers possess certain characteristics based on which they can be grouped or divided -- differentiating features.

[HOT] Key definitions required to understand EB-5 law requirements

Below are definitions on various key EB-5 related terms that are essential to the understanding of EB-5 law, including such terms as "Capital", "Full-time", "Invest", "New Commercial Enterprises", Regional Center" and "Targeted Employment Area". Proper understanding of these terms are essential to your understanding of EB-5 law. Italicized portions are our own additions or clarifications to the regulatory definitions.

8 CFR Sec. 204.6(e) Definitions. As used in this section:

"Capital"

[HOT] Key immigration terms and abbreviations used in this site and all immigration contexts

If you are going to seriously explore this site, you should familiarize yourself with the following immigration terms and abbreviations.

EB-5 or EB5: This abbreviation refers to "Employment-based 5th category". EB-5 is the last, 5th category of Employment-based categories or classifications to immigrate to the United States. However, it is slightly a misnomer, since EB-5 applicant creates jobs, rather than be employed by some company. Therefore, EB-5 is often referred to as "Employment-creation" immigration, because the alien's investment fund is supposed to be used in a way to create new positions.

RC: Regional Center

TEA: Targeted Employment Area

INA: Immigration & Naturalization Act

CFR: Code of Federal Regulations