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] I heard of Regional Center Program being regferred to as the "Pilot Program". What is it?

Pilot Program is the type of EB-5 investment program created by a specific EB-5 statute, and Regional Center is an EB-5 investment mechanism falling with the Pilot Program. For the practical purposes, they are the same thing.

[Q] Does EB-5 allow an investor to individually invest in a non-profit organization entity?

No, under the EB-5 law, an individual investor can individually invest in only for-profit entity, such as a for-profit limited partnership entity.

[Q] Does EB-5 law require that the principal applicant and/or family members reside in the geographic area of the project?

[Q] Does EB-5 law require that the investor and/or family members live close to where the EB-5 project is located?

The answer depends on whether the investor has participated in a Regional Center project or Direct Individual EB-5 case. Although there is no specific legal provision on point, it is understood that for Regional Center project, an investor (who acts as a limited partner in a Limited Partnership) or his family members do not need to live in the same area of the Regional Center EB-5 project.

[Q] Where can you go to learn the basics of EB-5 law and requirements?

You can go to the "Easy as EB-5" section in this site, which has been specifically created for laymen who wish to obtain solid understanding of EB-5 law and requirements. You can click: www.eb-5center.com/easy_eb-5.

[Q] What are the types of EB-5 projects that can result from a combination or interplay of Regional Center and TEA concepts?

[Q] I know Regional Center and Targeted Employment Area (TEA) concepts are separate and different concepts. What types of EB-5 projects can result from an interplay between these two concepts?

Yes, Regional Center and Targeted Employment Area (or Rural Area) are two different concepts. The following four types can result from an interplay between these two concepts:

1. Regional Center and TEA/RA project -- that is a project in which 10 positions can be created indirectly and also requires only $500,000 USD investment instead of $1 Million USD investment.

[Q] What are some of reasons why regular, direct EB-5 case might have a hard time meeting the 10 job-creation requirement?

[Q] I heard often that practically speaking, a regular, direct investment EB-5 case may have a difficult time meeting the 10 full-time direct job-creation requirement. Is this true, and if yes, what are some of the reasons?

Practically speaking, it is often true, for the following reasons:

1. Direct EB-5 case requires the creation of requisite jobs directly. This means the business has to create ten new (not existing) jobs directly. This is easier said than done.

2. Often, businesses set up are very sensitive to economy, and enough positions may not be created.

[Q] Can another regional center be designated within the same or overlapping geographic region?

Yes, in theory and practice. For example, there are several EB-5 Programs in Washington state and Washington, DC geographic areas. For example, in NY, CA and Florida, there are many regional centers doing similar types of projects in the same regions.

[Q] Can an approved Regional Center be canceled by USCIS?

Yes, if the Regional Center commits fraud and misrepresents or remains inactive for a prolonged period of time without setting up EB-5 projects, or violates the parameters set out in the Regional Center Designation Letters, then USCIS may issue a Notice of Intent to Withdraw the Regional Center designation.

[Q] What does it mean when some sources say that the Regional Center Program has been "revived" in 2002?

[Q] Many sources say or state that the Regional Center EB-5 Program has been "revived" or "re-established" in 2002. What does this mean? Is this true? I thought the Regional Center Program existed since 1993?

It's largely an accurate description. Even though the Regional Center Program existed since 1993, from 1997 to 2002, the Regional Center Pilot Program suffered a severe set-back that resulted from the varying positions taken by the USCIS and also by some Regional Center Program which pushed the EB-5 law over the edge of common sense.

[Q] Is a provision promising the return of the fund in the event of I-829 denial legal under EB-5 law?

[Q] If the project offering documents or the project Limited Partnership includes a provision which states that the fund will be returned in the event of I-829 denial, is this allowed under EB-5 law?

No, USCIS recently made it clear through an official statement that this kind of arrangement will not be allowed. The released statement reads:

[HOT] California Service Center becomes the mandatory place to file EB-5 related applications

USCIS has released a Federal Register news stating that California Service Center is now the designated office to receive all EB-5 related applications, such as I-526, I-485 and I-829 applications, as well as application to become a designated regional center.

[Q] Currently, how many designated Regional Centers are out there?

As of January 29, 2009, there are around 30 designated Regional Centers which have been approved by USCIS to put together EB-5 projects which comply with the parameters of their approved Regional Center. Note however that many of the Regional Centers are relatively new, and many of them have scant track records, and some have not even completed a successful project, let alone have any records of successful I-829 conditions removal cases. Therefore, selecting a suitable regional center and a suitable EB-5 project, in itself is an important and difficult task to a layman.

[Q] Is conditional permanent resident given the same rights as "permanent" resident under the U.S. immigration law?

Yes, under the U.S. immigration law, a conditional permanent resident has the same rights and obligations as the "permanent" resident. See below regulation.

Sec. 216.1 Definition of conditional permanent resident.

[Q] Is there any immigration classification which also requires conditional permanent residence stage?

[Q] Under the U.S. immigration law, is there any other immigration classification which requires an applicant to have to go through conditional residence status before obtaining "permanent" residence status?

Yes, an applicant is required to first go through the conditional residence status when the alien applies for green card based on his or her marriage to a U.S. citizen. For example, if an alien marries a U.S. citizen in May 2009 and interviews for immigrant visa let's say in December 2009, the alien will be given conditional residence status. Just like EB-5 category, the alien will have to apply for "permanent" residence status or often referred to as "conditions removal" 21 ~ 24 months after the acquisition of conditional permanent residence (CPR) status.

[Q] I have a DUI (driving while under influence of alcohol) records. Will this pose any problem with my pursuing EB-5 case?

Most DUIs do not make applicants ineligible to receive immigrant visas. However, in the event you have one DUI record during the last 3 years before the immigrant visa interview or total of more than two DUI records at any time, you will have to obtain a medical opinion letter from a designated medical doctor to show that you are not addicted to alcohol, before you receive immigrant visa. This may take additional month or two. Therefore, you may have to make plans accordingly.