Tuesday, August 23, 2011

EB5 Frequently Asked Questions

Q: Will USCIS approve my application for conditioned green card?

A: It depends on whether your money is legally obtained, whether you invest in a regional center.

You must prove to USCIS that the investment money is obtained legally and is not borrowed. If you invest in a regional center, you don’t need to prove you will create 10 jobs within 2 years because Regional Center has made such promise to USCIS on your behalf.  If you invest in your own project, you must bear the burden to prove that within 2 years, you will create 10 direct jobs.

Q: Can the condition be removed at the end of the second year of my conditioned green card?

A:  It depends on whether the project in question will start or not, i.e, has the project actually created 10 jobs as planned. This requirement is the same to both investment with Regional Center and to investor’s own enterprise.

Q: How do I know whether a Regional Center is viable or will be profitable?
A: Use common sense!

Q: How do I redeem my investment?

A: Unlike loan, investment is not refundable. No matter what the project developers promise, investment is investment. If the business is not viable, investors are required to share the risk. The solution is to provide loan to the project.

Q: May I see successful cases?
A: No, you may not, although the request is reasonable. However, American law requires founders and lawyers to protect the privacy of the stakeholders. Nobody has the legal rights to disclose stock holder’s private information.