Q & A for EB-5 Related Inquiries - Part I (07/28/2011)


Q: Is my permanent residence status guaranteed if I make the investment? If not, what percentage of EB-5 investors is granted lawful permanent residence at the end of the 2-year period?
A: The key to the EB-5 petition is choosing a good regional center. If you choose a good regional center, the possibility of being granted conditional perm residence and subsequent I-826 approval is very high.

Q: How risky is this program?
A: As mentioned above, the key issue for the EB-5 regional center investment is the choice of the right regional center. Choosing the correct regional center will dramatically reduce risk. Although every investment has its risk, if you do not choose a good regional center, there is a greater chance that your petition will be denied. For example, if a regional center does a poor job of managing its investment projects and does not follow the USCIS-approved business plan, then your petition to remove the conditions on your conditional permanent residence at the end of the 2-year period will have a greater chance of being denied.

Q: How much money do I have to invest? Do I have to invest it all at once, or can I invest it over a period of time?
A: The EB-5 investment program is divided into two types: 1) individual investment in a new business with the stipulation that your investment will create at least 10 new full-time jobs within the CIS specified time frame, and 2) investment through a regional center. In the second type of investment, the investor does not need to directly create 10 new jobs. The job-creation requirement will be taken care of for you by the regional center. The investment amount will depend on the type of investment, i.e. $1,000,000 for individual investment and $500,000 for investment to regional center, respectively. Investment through a regional center must be made in a one-time payment.

Q: What if I don’t have the required investment amount at the time of application – can I file the petition based on future earnings or a loan?
A: By law, the investment fund must come from your after-tax earnings. Therefore, it cannot be based on future earnings. With regard to loans, if the loan is secured by your own property and assets, then it may qualify.

Q: Is there any insurance on the money I invest? Can I get my money back if I don’t receive permanent residence at the end of 2 years?
A: No, there can be no insurance coverage according to law. Your money will not be returned if you are disqualified for permanent residence at the end of the 2-year period. But as mentioned above, choosing the correct regional center will ensure the success rate of getting green card.

Q: As an investor, am I required to participate in the operation of the invested business?
A: If your investment is made into a regional center, you do not need to get involved in the operation of the invested business, and you may reside anywhere you like in the United States.

Q: Upon getting my conditional green card, can I bring my family members to the United States?
A: Of course, upon your I-526 is approved by USCIS, you and your spouse and your child under 21 may apply visas at Guangzhou consulate. If you are already in the U.S. when your I-526 is approved, your spouse and child under 21 may get their temporary immigrant visas at Guangzhou consulate to enter the US.

Q: Can my family members continue to stay in the US if my permanent green card is denied?
A: If the principal’s permanent residency status is denied, he/she and his/her family members (spouse and child under 21) are supposed to leave the United States together, unless they have other valid temporary nonimmigrant visas, such as F1 or H-1B.