(News and views from IBLF staff and attorneys)
Question Detail: If a project has been funded by EB-5 investment, how long must the sponsor own the property for that project before it can be sold? Is there a certain timeframe where selling would affect the green cards of the investors?
Question Detail: I want to find the top ten EB-5 regional centers in the country. What should I be looking for to determine regional center quality? Also, if some regional centers are better and more well-known than others, then do they ever run out of spots on a project? Or do they allow an unlimited amount of EB-5 applicants to invest?
Question Detail: I have a conditional green card, but the EB-5 project was never really completed. I know that the conditions will not be removed. I am in the United States already. Can I start another EB-5 application? Or do I need to abandon my current conditional permanent resident status, return to my home country and apply again? Would seeking an F-1 visa and then reapplying for EB-5 be an option?
Question Detail: We all know that the investment of an EB-5 applicant must be "at risk." Now my question is, when must the investment first become "at risk"? Does it need to be at risk even when the I-526 petition is filed and before I-526 approval? Or do the funds only have to be considered at risk after the I-526 is approved?
Question Detail: Who is allowed to gift funds for an EB-5 investment? And where can these funds come from? For example, can the source of funds for an EB-5 investment be a gift from someone who is not my relative? Can this gift be from a business or investment fund?
Question Detail: I am looking for a securities lawyer that is well-versed in EB-5. I want to avoid the learning curve with my questions. What qualifications should a securities attorney have if I am hiring them specifically for EB-5 work? Will it be necessary to work with a securities attorney throughout the entire EB-5 process?
Question Detail: I am a senior at a university graduating in May 2015. My F-1 visa expires on May 15 and I have work starting on August 3. I filed for EB-5 and was notified last week that my I-526 petition was approved. My immigration consulting company in China suggests that I apply for OPT for now and apply for the I-485 afterwards, so I can secure work authorization by early August. But a U.S. immigration lawyer I consulted recommends that I apply for the I-485 immediately and that the OPT application will likely be rejected due to immigration intent. Between OPT and I-485 EAD, which one should I apply for now? My main priority is to get work authorization without any delay to work; the next priority is to get a green card; and the last priority is to go home and visit family in China during the summer.
Question Detail: My company intends to form an EB-5 regional center. In order to apply for a regional center, does my company need to have a minimum amount of capital? If yes, which kind of assets can be used as the capital for the regional center, apart from cash? Do we need to prove the source of our assets?
Question Detail: My friend owns a large firm in China that aggregates EB-5 investors. However, he can only accept an annual percentage from the regional center and not the admin fee. He offered me, a U.S. citizen, the admin fee in exchange for helping out with emails, arranging calls, etc. If I set up an LLC to accept this admin fee, do I need to be a registered broker-dealer? I am thinking I do not because I am not the regional center or the person aggregating the EB-5 investors. Also, if the EB-5 investor creates two escrow accounts, one for the EB-5 investment and one for the admin fee, can the admin fee be released from escrow directly to the LLC I set up? Or does it have to pass through the regional center first and then is passed to the LLC?
Question Detail: My family and I were approved at our EB-5 immigrant visa interview in Guangzhou, but the consulate has been processing our passports for over 1.5 months. I have checked with my attorney and every time he makes an inquiry, the consulate simply says they are still processing our passports. This had caused hardship financially for us, and academically for my child who was attending school in the United States. Is this consulate processing time normal? How can we find out what is causing the delay? Is there any way to expedite our documents?
