General

1️. What is the difference between domestic and overseas applications in terms of success rate and processing time?

There is no difference in the success rate. However, in terms of timeliness, applying in the United States will definitely be much faster, because applicants can submit a combo card (work card + re-entry permit) and 485 application at the same time as submitting 526E, and the processing time of the combo card is about 3-6 months, which means that applicants can obtain legal work and entry and exit permits within a maximum of half a year after submitting their applications. In contrast, foreign applicants usually need 1-1.5 years to wait for 526E approval to go to the Guangzhou Consulate for an interview and obtain a US visa. The process takes about 2 years.

⭐️Success rate: The success rates of the two are basically the same, but it can save some time and procedures when adjusting status within the country.

2. What materials do applicants need to prepare?

Form I-526E

Personal identification documents: passport copy, birth certificate, marriage certificate (if applicable), criminal record certificate

Proof of investment source: proof of source of funds, proof of legal source of funds, proof of transfer of funds

Proof of capital investment

Immigration history and background

Health Check

Other additional materials

3. What if the regional center closes?

The Immigration Bureau requires regional centers to pay a certain amount of annual fees, namely integrity funds, which are used to supervise and investigate whether the regional centers are legal and compliant (if the number of investors in the regional center exceeds 20, it is 20,000 US dollars per year. If it is less than 20 people, it is 10,000 US dollars per year). Starting in April 2023, approximately 25% of regional centers have been closed as a result.

Impact of regional center closure on investors:

Old French investors: Whether jobs have been created. If sufficient jobs have been created, it will not be affected. If not, the regional center needs to find projects to fill the number of jobs.

New law investors: 100% affected. Because we have just started investing, most of the cycles have not yet been completed.

Be wary of projects that rent licenses - this is common in rural projects. Because rural projects are located in remote rural areas and are not in the scope of a regional center project, most of the licenses are rented from different regions. In this case, there are usually multiple companies renting. If a project has problems, it will be affected.

4. About lock age

At this stage, the time from 526 application to approval can be deducted when applying for the final application.

As to whether the time from application to approval of 485 will be reduced, there is no precedent.

If you are unable to submit your application in time due to a retrogression in the waiting period, you can apply for an exemption.

If you submit 526 and 485 at the same time in the United States, and there is no waiting period at that time, the child's age is not over 21 years old. (Age Protection Law) If you are overseas, NVC-submit DS260, the child's age is not over 21 years old.

5. About installment payment

Yes. But not recommended

Being the focus

A complete explanation of the source of funds must be provided. Installment payment and explanation in installments are more difficult and the attorney fees are higher.

6. About rural projects

The scheduling is fast, but in the future the scheduling will come earlier than the city project because there are fewer places.

The risk will be greater than that of urban projects

Repayment is generally slower than urban projects

Many new projects - the rejection rate of 956 reached 12%; alternative projects accounted for a large proportion - non-real estate projects; poor liquidity - future transfer or operation

7. EB5 Fund Flow

Main applicant account - the applicant's overseas account and the region where funds can flow freely.

Enter the regional center's escrow account NCE (New Commercial Enteprise) - an escrow account registered with the Immigration Bureau. It is a limited partnership company jointly established by investors and the regional center in the form of LP or LCC, allowing investors' funds to be invested in the project legally and in compliance with regulations. It is responsible for collecting funds from all registered accounts (800,000 investment amount + 80,000 supervision fees). Some are in the same account, and some are separate.

Enter the project side, NCE—JCE (Job Creating Entity). JCE is the developer's account, which lists the main structure and details of each item in the form of a report and submits it to the Immigration Bureau. The Immigration Bureau reviews whether it meets the standards, including the investment amount and the number of employees (calculated by the RIMS 2 model). Once all conditions are met, the funds will be transferred from NCE—JCE.

Repayment JCE-NCE. After the repayment period is reached

NCE—Investors

8. Why do you need a professional immigration consultant?

The information gap about EB5 immigration is still very obvious.

Professional immigration consultants provide more comprehensive and neutral information.

9. About EB5 and Fraud

Since its implementation in the late 1990s, the EB5 immigration law has been improved and optimized over the years. In fact, the success rate of obtaining a US green card through the EB5 route is still very impressive.

Some people will not obtain status due to project or personal reasons, but they only account for a very small proportion.

Since the establishment of the Immigration Bureau, there have been approximately 200 projects, and less than 8% of them have problems.

10. TEA

High unemployment or rural - if the area's weighted average unemployment rate is greater than 1.5 times the national rate

Lamb kebab - each area can be unconnected, but strung together & donuts

Rural – non-metropolitan area with a population of less than 20,000.

11. Legal validity and function of temporary green card

✅Legal residence and work:

Work rights: Individuals holding temporary green cards can work in the United States without applying for a separate work permit (such as an EAD). In addition, you can freely choose your job position or start your own business.

Immigration Rights: Individuals holding temporary green cards can enter and exit the United States freely.

✅Enjoy social benefits:

Temporary green card holders are eligible for many of the same social benefits as U.S. citizens and permanent residents, such as a Social Security number (SSN), Social Security benefits, health insurance (if eligible), and state-provided education benefits.

✅ Relatives with U.S. citizens:

Temporary green card holders can apply for a U.S. green card for their spouse and unmarried children under the age of 21 (if they have not been approved as green card holders at the time of their application)

12. The EB-5 immigration law is not as big a trap as imagined

Since its implementation in 1990, the EB-5 immigration law has been improved and optimized for many years. In fact, the success rate of obtaining a US green card through the EB-5 route is quite impressive. Regarding the issue of the return of the funds, although there are certain risks, this risk can be greatly reduced by carefully screening safe projects.

13. Government background is not necessarily a factor in reducing project risk

Some applicants may mistakenly believe that projects with government background or government financial support will have lower risks. However, the level of project risk does not simply depend on whether there is a government background, but is the result of the interaction of multiple complex factors.

14. EB-5 projects require strict approval by the U.S. Immigration Service

It should be made clear that the approval of a regional center does not mean that all EB-5 immigration project documents in the region have been approved. Applicants must carefully review project documents to ensure that they fully comply with the requirements and standards of the US Immigration Service.

15. The new EB-5 immigration policy requires attention to the waiting time

At present, the lack of a waiting period for the new EB-5 immigration policy is a temporary phenomenon.

According to our estimates, the EB-5 immigration program may face a backlog by 2025. Therefore, applicants should plan ahead and make corresponding preparations.

16. Funding is not the first priority of the EB-5 project

Although some projects will promote EB-5 collateral as the first priority, this does not mean that the applicant's collateral will be recovered first under any circumstances. When evaluating a project, the applicant should pay more attention to the quality and value of the collateral, as well as the project party's willingness and ability to repay, to ensure the safe recovery of the collateral.

17. The legality and compliance of the source of funds are crucial

Applicants must ensure the legality and compliance of the source of funds, which is an indispensable part of the EB-5 immigration application. The Immigration Bureau is increasingly strict in reviewing the source of funds, so applicants should make adequate preparations in advance to ensure the legality and compliance of the source of funds to avoid the risk of application rejection.

18. About scheduling

The official website of the U.S. State Department released the latest scheduling data. The old law stopped at December 5, 2015, and has not moved forward for seven consecutive months in 2024.

There is no current schedule for the new policy. It is expected to be scheduled in the summer or fall of 2025, or at the beginning of the next fiscal year.

19. Is it okay to separate the regional center and the developer?

In the early days (before 2010), there was a real need. Later, many excellent developers developed rapidly and were able to complete the project independently. They were able to set up a regional center and reduce financing costs. It was a very healthy situation.

Definition of roles - fundraisers and fund users

Regional Center’s Fundraising Experience & Developer’s Project Experience

Don't look at a project based on a single factor; always consider it comprehensively.

20. What is the value of PPM documentation?

Behind every EB5 investment project, there is a detailed private placement memorandum (PPM) as support, which is an "encyclopedia" for investors to understand the full picture of the project. From investment design, risk assessment to expected return analysis and principal withdrawal mechanism, PPM provides key information required for decision-making and is the cornerstone of building investment confidence.

The specific arrangements for principal recovery in PPMs vary. In-depth research on these terms can help investors accurately identify project features and assess their degree of match with personal financial goals, thereby making more informed investment decisions.

21. Optimize investment cycle management

According to the current policy, the investment funds must be kept in the project for at least two years, and sufficient jobs must be successfully created during this period before the capital recovery process can be initiated. This regulation is intended to promote the harmony between investment and immigration goals, ensure the healthy development of the project, and provide investors with a reasonable exit mechanism.

The latest policy adjustment has removed the close connection between the 1-829 application and the investment cycle, which means that after meeting the basic conditions, investors will have greater autonomy in time management and provide more flexibility for personal life planning.

22. Strengthen the verification of the legitimacy of the source of funds?

Although the minimum investment amount of $800,000 has been fixed, ensuring the legality and compliance of the source of funds is still a key factor in the investment process. A well-prepared proof of the source of funds is not only a necessary material for the immigration department to review, but also a basic requirement for maintaining personal credibility and project transparency.

The process of preparing proof of source of funds is essentially a comprehensive audit of personal financial history. It requires investors to trace the origin and destination of each fund in detail, ensuring that all transaction records are clear and logically rigorous, laying a solid foundation for the smooth implementation of the investment immigration plan.

23. About the pass rate 2022-2024.07

According to the latest data released by IIUSA, the global overall pass rate under the new policy is 95%. Now both investors and project parties are more experienced and more rigorous.

However, the approval rate of the old law is only 36%. This is mainly due to a large number of withdrawals, because the waiting time is too long and the original intention of the application is no longer the same.

24. Why is the approval process so slow?

It is probably first in, first out, but in individual cases, there is still a big gap. Apply to countries without a waiting list first, because even if you apply, you still need to wait for a period.

Personnel changes at the Immigration Service also bring uncertainties. For example, will Trump need to allocate more personnel to crack down on illegal immigration?

25. Main sources of funds

Salary income, tax receipt required

Profit dividends from the company require proof of profit

Gift: The gift contract and the financial background of the donor are required.

Inheritance: Relevant legal documents need to be submitted

Loan: Loan contract and repayment guarantee documents are required

Stock income: Written evidence is required

Investment income: Proof of ownership and transfer documents are required.