Q & A for EB-5 Related Inquiries - Part II (08/02/2011)


Q: Upon approval of my conditional green card, can I choose to stay in anywhere in the US?
A: Yes, you may choose wherever you wish to live in the US upon obtaining your conditional green card.

Q: Upon getting my conditional green card, can I work for any company in the United States?
A: Yes.

Q: What are the advantages of investing to a regional center?
A: By law, if your investment is made to other than a regional center, as the investor, you’ll be required to create 10 jobs for US workers within CIS specified time frame, and at the same, you’ll need to provide detailed hiring and taxing related documentation. All these requirements will be a huge burden to any new comers. However, if you invest to a regional center, such complicated affairs will be taken care of by the regional center.

Q: Before submitting I-526, what documents do I need to prepare? Do I need to provide a business plan?
A: Your attorney will advise you what to gather and provide with I-526 filing. If your investment is through a designated regional center, you do not need to provide the business plan at all.

Q: After getting my conditional green card, what would happen if the invested business encounters serious problems?
A: As stated above, the key for EB5 investment is the correct choice of a regional center. Choosing the right regional center at the beginning will dramatically reduce risk in the future. Therefore, hiring an experienced immigration lawyer who will guide you in selecting a matured and reputed regional center for your investment to ensure the success rate of CIS granting your green card appears to be critically important. Otherwise, if the regional center was wrongly picked, and the invested business falls off the designated path or even faces bankruptcy, the investor will lose his permanent green card.

Q: Why would I invest in the US?
A: As a well-known fact, the United States is a country reputed for its multi-nations and multi-cultures history. Its immigration policy and investment environment seem more favorable to the new comers to the country.

Q: Will gift be considered legal source of investment fund?
A: If the investor is able to provide the evidence of its legal source, or the benefactor must present solid proof to verify the gifted funds are from legal source(s), then this gift will be accepted as investment fund.

Q: Will CIS conduct a close and strict check on the source of investment funds and as well as on the investor’s background?
A: Yes. The CIS will make sure that the investment funds are from legal sources, thus, will conduct a careful scrutiny on the source of investment fund when reviewing the submitted I-526. The background check on the investor will be conducted by CIS at the next step, i.e. when the I-485, adjustment of status application is filed.