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EB-5 投资移民计划

职业移民第五类(EB-5)移民投资者计划

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美国公民与移民服务局(USCIS)负责管理 EB-5 计划。根据该计划,外国投资者(及其配偶和 21 岁以下未婚子女)如果满足以下条件,就有资格申请合法永久居留权(成为绿卡持有者):

  • 对美国的一家商业企业进行必要金额的投资; 

  • 计划为合格的美国工人创造或保留 10 个永久性全职工作岗位。

该计划被称为 EB-5,是参与者收到的基于就业的第五优先签证的名称。

国会于 1990 年制定了 EB-5 计划,旨在通过创造就业机会和外国投资者的资本投资来刺激美国经济。 1992年,国会制定了移民投资者计划,也称为区域中心计划,该计划为投资于美国移民局根据促进经济增长的提案批准的区域中心相关商业企业的参与者提供EB-5签证。

根据 2022 年 EB-5 改革与诚信法案 (EB-5 RIA 2022),TEA 项目所需的最低资本投资为 800,000 美元,非 TEA 项目所需的最低资本投资为 1,050,000 美元。

USCIS EB-5 计划网站:https://www.uscis.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program

直投 EB-5           区域中心 EB-5

区域中心 EB-5 计划的优势

01.

被动投资

区域中心 EB-5 计划允许投资者参与由经验丰富的专业人士管理的项目,与直投EB-5计划相比,提供了更被动的投资方式。

02.

创造就业的灵活性

区域中心的EB-5项目通常使用间接创造就业机会计算,在满足 EB-5 就业创造要求方面提供了更大的灵活性,而这在直投EB-5计划中可能更具有挑战性。

03.

多样化的项目选择

区域中心的投资者可以从众多项目中进行选择,从房地产开发到基础设施项目,提供更多样化的投资选择。

04.

风险缓解

区域中心的EB-5项目可以将风险分散到多个投资者和行业,与直接投资相比,有可能减少不可预见的挑战对投资者个人的影响。

05.

地域灵活性

区域中心可以在目标就业地区(TEA)运营项目,这些地区的投资门槛可能较低,有利于对失业率高的地区进行投资,从而扩大投资者的地域选择。

06.

有限管理责任

区域中心的投资者并不需要参与日常项目管理,这使他们能够专注于自己的移民目标,而不需要直接的业务监督。

07.

更容易裁决

与独自参与管理的直投EB-5项目相比,区域中心的EB-5项目通常拥有更完善的记录,从而有助于美国公民及移民服务局 (USCIS) 的裁决流程更加顺畅。

更多信息

签证上限、2022 年 EB-5 改革与诚信法案等

  • What is the minimum investment amount?
    TEA projects: $800,000 USD Non-TEA projects: $1,050,000 USD
  • What is a regional center?
    A Regional Center is an economic unit, public or private, that is involved with promoting economic growth. Regional Centers are designated by the USCIS for participation in the EB-5 program; they will pool investors’ funds together and use it in job creating enterprises in order to satisfy job creation requirements of the EB-5 program. ARCFE is a USCIS designated regional center. Investor can verify this information by going to the USCIS website below and search one of the following: Our name: American Regional Center for Entrepreneurs Inc. Our ID: RC2200000292 Approved Regional Center Search
  • What is a New Commercial Enterprise (NCE)?
    NCE, or New Commercial Enterprise, is a term in EB-5 referring to a business entity created for investment purposes, often facilitating job creation and economic growth.
  • What is a Job Creating Enterprise (JCE)?
    JCE, or Job-Creating Entity, in EB-5, refers to the business entity in which an investor's capital is invested to generate employment.
  • What is Targeted Employment Area (TEA)?
    A TEA is a geographical area that is considered rural or has an unemployment rate of at least 1.5 times the national average. The required minimum investment fund for TEA projects is lower than non-TEA projects. Investments made in TEAs qualify for a reduced minimum investment amount compared to non-TEAs. This incentive aims to encourage economic development in areas facing employment challenges.
  • What is the difference between direct EB-5 and regional center EB-5?
    Direct EB-5 involves investors personally managing their business ventures, requiring active involvement in job creation. In contrast, Regional Center EB-5 allows passive investment in government-approved projects. While both lead to U.S. green cards, the key distinction lies in the level of investor involvement and the nature of job creation within the respective programs.
  • What is the “at-risk” requirement?
    To ensure that the investment funds will be used for job creation, the capital invested by the EB-5 investors must qualify as an “at-risk” investment. This means that the capital invested could either produce a gain or a loss.
  • How long are investors required to maintain the “at-risk” requirement for their investment?
    The clock starts when the full amount of the EB-5 required investment is transferred to the Job Creating Entities (JCE).
  • What kind of return on investment can investors get?
    While the principal of the investment must be at risk and return on investment cannot be guaranteed, projects that employ a loan-based model might be able to earn interest (typically 1-2%); while equity investors’ earning will vary based upon the profitability of the enterprise. Investors must remember that the main purpose of EB-5 investment is to get the green cards, therefore, a low ROI that is safe from an immigration perspective is typically better than a project with high ROI but bigger immigration risk.
  • How many family members can get Green Card on the EB-5 application?
    The investor, their spouse, and any unmarried children (even if adopted) under the age of 21 of the time of the I-526E petition approval may receive a green card.
  • How to calculate my child’s age to determine eligibility?
    The CSPA Age Calculation formula is: Age at the time of visa availability - Pending time = CSPA Age
  • Are there age restrictions?
    There are no age restrictions. However, individuals under 18 years old cannot sign a legally enforceable contract.
  • What is the job creation requirement?
    Each EB-5 investment must create at least 10 full-time jobs for U.S. workers, lawful permanent residents, or immigrants authorized to work in the U.S. Job creation must occur over a period of two years. By pooling funds with other investors in a Regional Center EB-5 project, investors receive the benefit of indirect job creation.
  • What is the most common reason for denial of an I-526E petition?
    I-526 petitions are most commonly rejected due to applicant’s failure to demonstrate that investment funds were lawfully obtained.
  • What are some important points to keep in mind when providing evidence on the source of funds (SOF)?
    Simple and straightforward is the best option.
  • What does “investors’ asset must be lawfully gained” mean?
    Under USCIS regulations, investors must demonstrate that investment assets were gained in a lawful manner such as income from a bonafide business, salary, investments, sale of a property, inheritance, gift, loan, or other lawful means.
  • Are loans an acceptable SOF?
    Yes loans are an acceptable source of funds as long as the applicant can provide necessary documents.
  • Can I use 401K funds as part of my source of funds?
    Yes you should be able to as long as you can demonstrate how you legally earned the funds.
  • What does the EB-5 priority date refer to?
    The priority date, also known as the receipt date or filing date, is the date on which the I-526 petition is received and filed by the USCIS. It is typically used to determine an applicant’s place in the visa queue.
  • What’s the difference between Chart A and Chart B of the Visa Bulletin?
    The Final Action Dates (Chart A) charts indicate when an applicant may be scheduled for a consular interview and when their case may be processed to completion by DOS or USCIS. Immigrant visa numbers can be authorized for issuance only for an applicant whose priority date is earlier than the Final Action Date for their category and country of chargeability (or the category is Current). The Dates for Filing (Chart B) charts indicate when an application is within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the Date for Filing for their category and country of chargeability (or the category is Current) may assemble and submit required documents to the DOS National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. For noncitizens interested in pursuing adjustment of status, USCIS may allow them to apply for adjustment based on the Dates for Filing chart.
  • Is ARCFE a USCIS-approved regional center?
    Yes, ARCFE is a USCIS-approved EB-5 regional center. We were initially designated in 2013, and was redesignated under the EB-5 RIA 2022 in 2022. Investor can verify this information by going to the USCIS website below and search one of the following: Our name: American Regional Center for Entrepreneurs Inc. American Regional Center for Entrepreneurs Inc. Our ID: RC2200000292 Approved Regional Center Search
  • What is ARCFE’s track records?
    We have served over 1000 clients over 15 real estate EB-5 projects in NYC and New Jersey, with 100% project approval rate. We have successfully returned 100% EB-5 capital to all eligible investors, totaling to $62M+ as of December 2023.
  • Why should investors pick ARCFE?
    We are an award-winning Regional Center that has an excellent track record of successfully completing the investment and obtaining permanent green cards for our investors. We have also returned all EB-5 capital to all eligible investors. We also provide unique and flexible investment plans to meet investors' needs. We also work with third-party professionals to provide additional services to our investors and their families, including: Education consulting Career planning Mental health consulting Tax planning Financial planning & investment Real estate investment
  • What are ARCFE’s criterias for picking projects?
    Our projects are mostly real estate projects in the New York City areas. When we pick a project, we have to be comfortable with the developers, who will use the fund in their projects. For real estate, the locations are also very important. All of our projects are at prime locations in the Metro New York areas. All are in close proximity to transportation, such as subway, highway, bus stops, etc. Also, we also want to have good security. The funds are usually advanced in the form of loans, for which we have to get collateral just in case something happens.
  • Does ARCFE report construction progress to investors?
    Yes, we periodically report construction progress in both writing and photos (with occasional videos as well) on both our website and via our email system.
  • What services do ARCFE offer?
    We offer EB-5 investment consultation, evaluating & selecting strong projects, construction progress updates and EB-5 petition updates.
  • Most investors invest with the goal of providing better opportunities and futures for their children. What are the benefits of having a green card for the investors’ children?
    If the children are at the age of Kindergarten to 12th grade, they can attend public schools, which offer great education at no cost. The children can also apply to universities as domestic students, rather than foreign students and rely on the F-1 international student visa. It’s especially important when the children graduate from college and try to find a job. Without a green card, they have very limited opportunities.
  • Difference between Conditional and Permanent Green Card?
    The USCIS issues conditional green cards after approval of the I-526E petition. These green cards last for two years. Investors receive permanent green cards upon USCIS approval of the I-829 petition.
  • Are investors with Conditional Green Card subject to U.S. tax law?
    Yes. Green card holders are taxed in the same way that U.S. Citizens are; green card holders are subjected to federal tax on worldwide income as of the date they become residents.
  • Can investors live overseas during the waiting period?
    The investors may work overseas, if required, based upon the nature of his/her business or profession. For those permanent residents living outside the U.S., it is recommended that the investor and family re-enter the U.S. no less than once every six months. The longer the investor and family are present in the U.S., the less likely the government is to claim that the investor “abandoned” the U.S. as a permanent resident, thereby jeopardizing green card status. In some cases, investors may seek the issuance of a “re-entry permit”. This allows the investor permission to remain outside the U.S. for as long as two years without having to re-enter the country to maintain permanent resident status. Children may remain in school even if the investor leaves the U.S.
  • Must investors with Green Card apply for citizenship?
    No, investors with green cards are not required to apply for citizenship
  • When can an investor apply for U.S. citizenship?
    An EB-5 investor may apply for U.S. citizenship after 5 years in the U.S. This period begins when the USCIS granted the investor his/her conditional permanent residency. The investors must also being physically present in the country at least 50% of the time and not abroad for more than six months.
  • What will happen if the applicant has a health concern?
    As a required part of the immigrant visa process, the applicants must get a physical examination. If an immigrant has been treated for the health concern and is no longer contagious, he/she should be permitted to enter the U.S.
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