1. Introduction of the US EB-5 Investment Immigration Scheme
The US EB-5 Investment Immigration Scheme is under the occupation category of the Employment Based Fifth Preference of the new US immigration laws, which were passed by the Congress in 1990 to stimulate the US economy through jobs creation by capital investments of foreign investors.
In 1992, the US government specially added a pilot immigration program called “Regional Centre Pilot Program” under the EB-5 Immigration Scheme and changed the job creation requirements from 10 direct jobs to 10 direct and/or indirect jobs. Thereafter, EB-5 has become a convenient immigration class with the shortest approval period and the least restrictions on application eligibility.
The US EB-5 Immigrant Investor program is administered by the US Bureau of Citizenship and Immigration Services (USCIS).
Investors (hereinafter called “principal applicants”) can apply for immigration to the US through the EB-5 Scheme and bring along their dependents to live in the US, including their spouses and unmarried children under 21 years old (hereinafter collectively called “secondary applicants”) .
2. Requirements for applicants
2.1 Personal requirements for the applicant (including the principal applicant and each secondary applicant)
(1) The principal applicant should have attained the age of 21 years or above;
(2) The principal applicant is not required to have any education, business or working experience backgrounds;
(3) The principal applicant must be able to provide proofs of his/her source of funds (which does not need to be from the applicant, but can be a gift, inheritance and must be legitimate);
(4) The principal applicant must have put or is actively putting the required funds into qualified investments under the EB-5 Scheme;
(5) All applicants are healthy; and
(6) All applicants have no criminal records.
2.2 The principal applicant’s investment requirements
The Principal applicants should meet the following three requirements:
(1) Mode of investment
The principal applicant can set up a business through direct investment; or invest in a Regional Center project though indirect investment;
(2) Creation of employment
The principal applicant needs to create or preserve at least 10 full-time jobs for qualified US workers within two years of the immigrant investor’s admission to the United States as a conditional permanent resident.
(3) Capital investment requirements
Required minimum investments are:
General: The minimum qualifying investment in the US is $1 million;
Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the US is $500,000.
Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital.
3. Documents list
(1) Certified copy of your current passport(s);
(2) Certified copy of your current national identity card(s);
(3) Certified copy of your house register;
(4) 6 original passport-size photos of yourself in color taken within the past 1 months;
(5) Certified copy of birth certificate or original excerpt of full birth record；
(6) Original police certificate(s)
(7) Certified copy of proof of name change;
(8) Certified copu of marriage certificate(s);
(9) Proof of source of fund;
(10) Proof of investment funds transfer;
4. Requirements to maintain status
US green card holders have to enter the US within every six months period in order to maintain their permanent residency status. If a green card holder would like to leave the US for more than 1 year, he/she has to apply for a re-entry permit before his/her departure. A re-entry permit will be valid for a maximum period of two years.
Holding a re-entry permit does not guarantee that you can re-enter the US, but is easier to show that you are returning to the US from abroad in a short-term period.
If an applicant ultimately wants to become an US citizen, he/she must have been a US permanent resident for no less than 5 years, and living in the US for not less than 30 months in the past 5 years before his/her application for becoming an US citizen.
Note: This document is for reference only, all terms are subject to written contract.