미국 투자이민 변호사와 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 왼쪽 위에서 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 is meant by "EB-5 law"?

The "EB-5 law" is a term of convenience and has a broad meaning. It refers to the law governing EB-5 under the U.S. immigration law system. This means appropriate immigration statutes must be examined, then immigration regulations promulgated pursuant to these statutes, then agency rules, Department of State or consular regulations, as well as USCIS guidances.

[Q] What type of EB-5 project permits $500,000 USD investment rather than $1 Million USD?

Under the EB-5 law, the EB-5 project has to be either Targeted Employment Area or Rural Area, to permit only $500,000 USD investment. Definitions of these terms are as follows:

Rural area

[Q] What is the relevance and benefits of being designated as a Regional Center by USCIS?

Basically, the relevance of being designated as a regional center is that the applicant (a for-profit or non-profit company can apply for designation) can establish EB-5 projects within the geographic region and the parameters set forth in the regional center designation letter in terms of investment structures and types of industries, etc. in order to attract foreign investors.

[Q] If I apply as the principal investor applicant, who can obtain conditional and permanent green cards with me?

Under the EB-5 law, the principal applicant's spouse and the children who were under 21 years of age at the time I-526 immigrant petition was received by USCIS office can obtain CPR and LPR status.

It should be noted that even in case of the principal applicant's death or divorce, the dependents can obtain permanent resident status assuming all conditions, such as job-creation, are met.

[Q] Are there some disadvantages in investing in either TEA or Rural Area EB-5 project vs. regular $1 Million project?

Not at all. Since under the EB-5 law, an EB-5 project located in the Targeted Employment Area (TEA) or Rural Area (RA) legally requires only $500,000 rather than the $1 Million USD required in the regular EB-5 project, there are no advantages and disadvantages resulting from the investment amount.

[Q] Can I invest in EB-5 Program through my company instead of in my individual name?

No, EB-5 law does not allow corporations or companies to apply because permanent status can only be given to individuals. Also, the money cannot come from a corporation or company, even though the individual may be the 100% shareholder in the company.

[Q] If I abandon or get taken away my conditional green card status, then what happens to my dependent family members?

[Q] During the conditional resident status, if I, the principal applicant/investor give up or get taken away such conditional resident status by USCIS/CBP, does this affect the same conditional resident status of my dependent family members?

If you are the principal investor and applicant, and then you abandon or get taken away your conditional green card status during the CPR period, then your dependents will also be deemed to have lost their conditional green cards.

[Q] How does U.S. EB-5 law differ in basic points from the Canada investor program?

The Canadian Investor Program does not require job-creation, and either the federal program or the regional government guarantees the return of the investment, so there is less risk. However, the Canadian Investor Program requires previous management experience and additional eligibilities of the applicant and takes longer to immigrate under than the U.S. counterpart.

Clarification on the CSC address for Regional Center designation request

Because applications for EB-5 regional center designation are not filed on a form, the mailing room at the California Service Center sometimes rejects them. To try to prevent this, USCIS headquarters has asked me to disseminate the guidelines below.

The below is the USCIS's released statement on the clarification.

Please send Regional Center Proposals to:

Regulatory sources -- 8 CFR Sec. 216 governing I-829 condition removal

Sec. 216.1 Definition of conditional permanent resident.

Regulatory sources -- 8 CFR Sec. 204.6 governing I-526 immigrant petitions

Sec. 204.6 Petitions for employment creation aliens.

[Q] What is Rural Area in context of EB-5 law?

The significance of an EB-5 project being located in a Rural Area is that the required investment amount is only $500,000 USD, not $1 Million USD. Therefore, if a particular EB-5 project is located in either TEA or Rural Area (RA), then the required investment amount is only $500,000 USD.

[Q] What is a Targeted Employment Area (TEA) concept?

It's refers to either a rural area or a geographical area that has experienced unemployment rate of at least 150% of the national average unemployment rate. Of the 10,000 immigrant visas available for investors, 3,000 are set aside for TEA EB-5 cases. In the regulations, TEA is defined as:

[Q] Does I-526 have to be submitted before a child turns 21 years of age?

[Q] I heard it's important to submit I-526 immigrant petition before one's child turns 21 years of age. Why is that?

That is true only where the subject child wishes to immigrate as a dependent child of the principal alien investor. However, if the child wishes to apply as the principal alien investor, then it does not matter whether the child exceeds 21 years of age.

[Q] What does "EB-5" stand for exactly?

It stands for Employment-based 5th category. Under the U.S. immigration law, there are five different categories of immigrating through employment-based avenues, and since EB-5 deals with employment-creation, it's been designated as the 5th category of Employment-based methods of immigrating. EB-5 is also commonly referred to as Investor Green Card or Investment Green Card.