The Immigration Act of 1990 established occupation immigration fifth priority, or investment immigration category. Under EB-5, ten thousand places for the purpose of issued to seek to enter American immigrants each year:

Participate in new business enterprises (founded in November 29, 1990)
Investment to meet the requirements of the capital of not less than $500000
Create at least 10 full-time jobs for relatives of non investors

Although the law standard investment amount is $1000000, but if the investment business is targeted employment area is located in the immigration law, investment amount can be reduced to $500000. Conditional green card investors will be given two years.

Immigration regulations also provided the following details

Management participation

Routine management and investors must or participate in company, or as a director or officer of the company members have control of the company's policy. Limited partners have been identified to participate fully in the limited partnership organization management activities.

Many investors

A new enterprise can become the subject of many investors investment. However, each investment must put in enough amount, and each independent investment must be made not less than 10 jobs. The new enterprise even if some investors are not seeking immigration, the enterprise also can become the basis for investment immigration application.

In the new business investment

A qualified enterprises can carry out any non profit business activities. This definition does not include any non business activities such as owning and operating a personal housing, or nonprofit organization.

To the new business investment has two basic ways:

Establishment of new investment in November 29, 1990 after the
Invest in November 29, 1990 before the enterprise and comply with any one of the following
(1) for the reorganization of the enterprise
(2) investment make existing enterprises or net income or the number of employees, increased by 40% compared with the pre investment

The minimum investment all the options are to comply with the provisions of the law and create employment opportunities for the minimum number

Investment

To show investors have invested or is actively engaged in investment, legal provisions required investment funds have in fact commitment. There is no immediate commitment, only investment arrangements, not enough to meet the requirements of the regulations

Funds

Capital investment may include cash, equipment, inventory, or other tangible assets. Intangible assets such as patents or copyrights are not accepted for funding regulations. The loan can also be used as investment funds, as long as the investor to assume full repayment obligations, without using the new enterprise asset repayment. The amount of funds is subject to the value of the dollar.

The required amount

The standard investment is 1000000 dollars. If the investment in remote areas or in areas of high unemployment, the amount of investment can be reduced to $500000. Need to pay attention to is the law of the 3000 places the annual quota of 10000 is given in the investment in remote areas or in areas of high unemployment.

The legal source of funds

In order to prevent the illegal funds to obtain America immigration status, EB-5 project regulations, investors must provide legitimate source file clear display of investment funds. Investment funds must be the investor's personal assets, but not the third assets or investor owned assets of enterprises.

Investors can use any funds obtained through legitimate channels. For example, money can be the salary, bonus, personal income and investment income and other income. Money can also be to sell investors have asset acquisition, or investors to own assets mortgage income. But the fund is not an investor in American investment enterprise assets as collateral to obtain.

Investment funds can also be offered by the third person, or inheritance. If the money is donated by third parties or borrowed from the third party, to prove the donator and loan funds made in legal way.

The creation of jobs

Investment needs at least 10 or more full-time jobs for USA. These jobs must be produced within two years. If when immigration applications submitted, 10 jobs don't exist, a detailed business plan must be submitted to the immigration authorities to explain how to arrange for more than 10 of eligible America workers in 2 years. For this purpose, the independent contractor can not be calculated as full-time employees.

Job creation can save "trouble enterprises", so that the number of employees of the enterprise to maintain pre investment level in two years. Definition of "trouble enterprise" is the existence of two years, the net loss to the net assets of the company more than 20%.

Regional center pilot project

In order to encourage the investment immigration, American Congress created regional center pilot project in 1993. Pilot project set a quota of 3000 per year for investment in regional center project investors. A regional center is an approved by the Department of immigration entity, organization or its agent, engaged in:

(1) in a specified geographical area in the American territory
(2) seek to increase exports, improve productivity, create employment opportunities, increase local capital investment to promote economic development

In the establishment of a regional center within the enterprise itself does not need to hire 10 USA employees, but need to prove that the regional centre, new investors investment could indirectly create 10 or more employment opportunities and improve regional productivity. A wish to seek investment immigration through regional center project must prove the following:

(1) his / her investment is at the center of the area within a specified
(2) the investment will be through increased sales, improve productivity, create jobs, or increase the local capital gains indirectly create employment opportunities

Application procedure

Sought through investment immigration applicants must first submit I-526, foreign entrepreneurs immigration applications, with the application to submit all documents immigration requirements. Each investor will be based on the application submitted to date, in the system of the visa quota is assigned a priority date. The application is approved, this process usually 3-6 months, investors and his accompanying dependents (spouse and unmarried children under 21 years of age) can apply for a visa to the America embassies or consulates. Is qualified in the territory of the people America can also according to their place of residence in California or Dezhou directly to the Immigration Department to apply for adjustment of status.

Revocation condition

According to the EB-5 law, the temporary green card for investors and their families will be given conditional. In the three months before the expiration of temporary green card, investors need to submit a I-829 to the immigration, revocation condition for. The I-829 application must prove necessary funds has planned investment, enterprise has been in operation for two years and the enterprise has to meet the requirements of immigration law to create jobs.