Must I have previous business experience or education? 我必须有从商的业务经验或最低教育程度的要求吗？
The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he/she has the required net worth and capital.
Must I speak English? 我必须说英语吗？
No. However, do try to learn English as it will help in an immigration interview.
Must I be in good health? 我健康状况必须良好么？
Yes. You must have no communicable diseases and proper vaccinations.
What are the benefits of the green card? 绿卡的好处是什么？
All legal permanent residents under the EB-5 Investor Program enjoy the same benefits as every other United States resident.
The U.S. is a safe harbor for your family as well as your personal and business investments. Any member of the family with a “green card” can enter the U.S. at any time and stay as long as he/she wishes respecting residency requirements.
Investors have constant and easy access to the United States for personal, trade and business purposes.
Permanent residents travel to the U.S. without the need of a visa. Investors may work, live, or own their own proprietary business anywhere in the United States.
The U.S. has internationally recognized colleges and universities for both basic education and graduate study. As a resident, the investor can benefit from lower tuition costs.
The cost of living in the U.S. is less than most large industrial nations. Consumer goods, services, and housing are significantly less expensive than comparable services and good in most other countries.
Students may work in the U.S. while they attend college and then continue to work afterwards, enabling the student to pay part of his education and to work while attending graduate and postgraduate studies.
The U.S. provides many financial, social and education entitlements such as public schools, health and medical attention, social security, and education.
The Investor has the ability to bring immediate family members to the U.S. right away and, after proper application, can obtain U.S. citizenship after 5 years.
The unrestricted permanent residency requires no renewal or re-application. Other U.S. non-immigrant visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional filing with USCIS or the Department of State. Furthermore, U.S. immigration laws may change and prevent future approval when a renewal of visa is required.
通过EB- 5投资项目所取得的合法永久居民与其他所有美国居民享有同样的福利。美国是一个对您个人，家庭及您企业投资来说安全的港湾。任何家庭成员持用“绿卡”都可以在任何时间自由进入美国，只要其尊重相关的居住要求。投资者可持续并自由的以个人，贸易，商业目的方便地前往美国。永久居民前往美国没有签证需要。投资者在美国的任何地方工作，生活，并拥自营业务。美国已经国际公认的最好的大学，无论是基础教育还是研究生学习。作为一名永久居民，投资者可以受益于较低的学费。 居住在美国的成本低于大多数大型工业国家。消费品，服务，住房要显著低于其他大多数国家。学生可以在上大学的时候勤工俭学，使学生由能力部分支付其教育费用，也可以在研究生学习的时候一边工作一边学习。美国提供了许多金融，社会和教育的权利，如公立学校，卫生和医疗，社会保障和教育。经过适当的申请后，投资者可以马上将其直系家庭成员带来美国，并可以在5年后获得美国公民身份。无限制永久居留权无需更新或重新申请。其他美国非移民签证，如E - 2和H类签证可能永远不会升级成永久居留权，或有时间限制，并需要向移民局或国务院作出额外的申请。此外，美国的移民法可能改变会使得需要更新签证的时候遭拒。
What is meant by the requirement that the investor’s assets be “lawfully gained”? 规定中的该投资者的资产被“合法取得”是什么意思？
Under USCIS regulations, the investor must demonstrate that his assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan or other lawful means.
Can money gifted by a parent or other relative be used for an EB-5 Investment? 由父母或其他亲属赠予的钱可否被用于EB - 5投资？
Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms length transaction and is not a mere ruse that the gifted funds will be given back after permanent resident status is granted.
What is the difference between “conditional” and “unconditional” green cards? “有条件”和“无条件”绿卡之间的区别是什么？
Under the regulations, an investor who is approved for the EB-5 immigrant visa receives a “conditional” green card, which must be reissued after two years, subject to removal of conditions. Otherwise, the two cards offer the same rights and privileges.
What is a ‘Conditional’ Green Card? 什么是“有条件”绿卡？
A conditional Green Card is a temporary Green Card valid for two years. One year and nine months after it is issued, a three-month window opens up during which an individual must file another application (I-829) with the CIS to verify that all of the funds have been invested and employment created, in a regional center whether directly or indirectly. When the conditional resident status has been lifted, full resident status is granted and a permanent Green Card is issued.
有条件绿卡是有效期为两年的临时绿卡。发出一年零九个月之后，会有三个月的申请开放期。在此期间，申请者必须向移民局提交申请（ I-829 ），以确认所有的资金已经投资到位于投资中心并创造了就业机会，这种就业机会可以是直接的也可以是间接的。当“条件”撤销后，投资人将授予正式的永久居民身份并发放永久绿卡。
If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and interview, and how soon do I get my “Green Card”? 如果我的I - 526申请被移民局批准，去领事馆申请和面试的目的是什么？如何尽快让我取得“绿卡” ？
Upon approval of I-526 Petition, you must wait for notification from the US Consulate in your home country to prepare documents for the Visa interview. The purpose of this procedure is to ensure that the investor and his/her family undergo medical, police, security and immigration history checks before the conditional permanent resident visa are issued. At the interview, the consular officer may address these issues and information printed on the I- 526 application, including asking the investor to summarize the nature of his/her immigrant investment. If the investor and his/her family are in the United States, then you may apply for adjustment of status by filing form I-485, and supporting documents, the application may be filed at the appropriate office of the USCIS.
在完成I-526申请的批准后，您在原籍国等待美国领事馆通知，并准备文件为签证面谈。这个程序的目的是在有条件的永久居民签证发出之前，确保投资者和及其家人接受医疗，警方， 安全和移民历史的检查。在面谈中，领事官员可能会问I- 526申请表的信息上，包括要求投资者来概括其移民投资项目的性质。如果投资者及其家人都在美国，那么你可以通过提交I-485表格及其证明文件到移民局申请调整身份。
Can I apply for an EB-5 if I have been rejected or terminated in the past by USCIS for an L-1, E-2, B, or other visas? 如果我曾经被永久性地拒签L-1，E-2或B及其他类签证，我可以申请EB-5签证吗？
Rejection in the past does not disqualify the applicant, unless the reasons related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the limited partnership and legal counsel in advance of application.
After petition approval, can members of the family interview in different countries? 呈请书后批准后，家庭成员可以在其他国家接受签证面谈吗？
Family members can interview in different countries. The country of origin or where the family has current ties is the standard interview site. Often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin and can adjust status in the United States at the district office of the USCIS.
Who receives the permanent residency (“green card”)? 谁可以获得永久居留权（ “绿卡” ） ？
Husband, wife and any unmarried children under the age of 21. It is possible for adopted children to be included in the family. Upon approval you will receive a form evidencing approval and a travel document. You should also receive a temporary green card in the mail.
What issue has caused the most problem when applying for an EB-5 visa? 一般申请EB-5签证时，哪些问题会引起麻烦？
The most common problem area has been insufficient documentation of the source of funds. Many people try to disclose the least possible information only to have the file returned with a request for further information. It is better to provide too much information rather than too little information. USCIS case examiners require a well-documented source of funds application. Professional assistance from a certified public accountant or tax attorney is recommended.
How long must I remain in the United States each year? 我每年必须留在美国多久？
The first requirement of any investor after they receive the visa at the United States overseas consular office is to enter into the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, renting or buying a home. There are a few exceptions to the 180-day rule such as students studying abroad, medical circumstances or emergency business circumstances. The 180 days need not be consecutive. You may travel in and out of the country. Proper preparation for re-entry into the US is highly recommend prior to leaving. The 180-day rule is in effect until you get citizenship in 5 years. It is still in effect when you get conditional residency and a green card. The United States resident may work overseas if required based upon the nature of the business or profession. However, all permanent residents must remain in the US for more than 6 months each year, or they may be deemed to have abandoned their permanent residence status.
任何投资者的第一个要求就是在他们收到美国海外领事馆签发的签证后180天内进入美国。投资者之后必须在美国安居下来。能证明自己意图居住下来的证据包括开设银行账户，取得驾驶执照或社会安全号码，缴纳州和联邦所得税，租用或购买住房。也有少数例外， 可以不必遵守180天的规定，如学生出国留学，医疗情况或紧急事件的情况。 180天不一定是连续的。你可以在该国进出旅行。强烈建议您在离开美国之前做好再次返境的准备。 180天的规则直到你在5年后获得公民身份之前都是适用的。当您取得有条件居留或绿卡后，此规定仍然适用。美国居民如果需要基于业务或专业性质的原因可以海外工作。然而，所有永久居民每年必须留在美国超过6个月，否则有可能被视为已放弃了他们的永久居留身份。
What is the difference between permanent residency and citizenship? 永久居留权和公民身份之间的区别是什么？
Once you obtain a green card, and become a legal permanent resident, you have most of the rights and obligations of U.S. citizens, except that you cannot vote and you are not entitled to some public benefits. You are subject to the same tax filing requirements and entitled to the same tax rates and deductions as U.S. citizens. Your ‘green card’ is your most important travel and identification document. When your green card arrives, look at it carefully. You may need to extend it in 10 years. If you replace it before then because it is lost, stolen, or duplicated, you may file a form with the USCIS. “Abandonment of residency” rules are an important restriction to which legal permanent residents are subject. Abandonment can occur when you are outside of the United States for more than six months without informing the USCIS of your plans in advance. The law provides that you are free to travel abroad, provided that your trip is “temporary”. Generally, the USCIS views any absence from the United States for longer than six months as not temporary. Thus, it is advisable to obtain a “re-entry permit” before your departure. One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenship after five years. There are two ways to become a U.S. citizen. One is by being born in the U.S. The other way is by naturalization. The first step in becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being a LPR for 5 years is one of the basic requirements for qualifying for naturalization. A second requirement is being physically present in the U.S. for 30 months during the 5 years prior to the naturalization application. Once becoming a U.S. citizen, an individual is entitled to benefits including the right to vote and hold public office.
一旦获得绿卡，成为合法永久居民，您便拥有了大部分美国公民的权利和义务，但您不能投票，以及无权获得一些公共福利。您要遵从同样的税收申报要求，并和美国公民一样享有相同的税率和 扣除额。您的“绿卡”是您最重要的旅游及身份证明文件。当您的绿卡到您手中时，要仔细检视。您可能需要在10年之后申请延期。如果你因为它丢失，被盗，或复制在此之前需要更换，您可以向移民局递交相应表格。“放弃居住”规则是一个重要的限制，所有合法永久居民须遵守。当你在美国境外超过半年而未将您的计划提前告知移民局的话，这种情况很可能发生。根据法律规定，你可以自由地出国旅游，前提是你的旅行是“暂时的” 。一般来说，移民局认为任何超过6个月的离开美国的时间都不是暂时的。因此，建议您在出发前获得“再入国许可” 。其中合法永久居民拥有的最重要的权利是五年后获得美国国籍的权利。有两种方法可以成为美国公民。一个是出生在美国，另一种方法是通过归化。通过归化成为美国公民的第一步是要成为合法永久居民（LPR ）。作五年的LPR 是为合资格入籍的基本要求之一。第二个要求是5年期间、正式申请公民之前，亲自身处美国的时间超过30个月。一旦成为美国公民，您便享有包括选举权和担任公职等其他权 利。
Can my Green card be taken away from me? 我的绿卡可以被收走吗
Once you receive a green card, there are only two conditions required to keep it for life. First, you must not become removable or inadmissible. The most common way of doing this is to be convicted of a serious crime. The second requirement is that you not abandon the United States as your permanent residence. As long as you are not planning to make your home somewhere else, then legally you are still a resident of the United States. Problems may arise, however, because the USCIS will try to judge your intention by the way you act. “Abandonment of residency” rules are an important restriction to which legal permanent residents are subject. Abandonment can occur when you are outside of the United States for more than six months without informing the USCIS of your plans in advance. The law provides that you are free to travel abroad, providing that your trip is “temporary”. Generally, the USCIS views any absence from the United States for longer than six months as not temporary. Thus, it is advisable to obtain a “re-entry permit” before your departure. As a general rule, if you have a green card and leave the United States for more than year, you may have difficult time re-entering the country. That is because the USCIS feels an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do not return before year is up, you may run into trouble. To avoid a full-scale inspection, you should return within six months. It is a common misconception that to keep your green card all you need to do is enter the United States at least once a year. The fact that if you ever leave with the intention of making some other country your permanent home, you give up your U.S. residency when you go. Once again, the USCIS will look to your behavior for signals that your real place of residence is not the United States. On the other hand, remaining outside the United States for more than one year does not mean you have automatically given up your green card, if your absence was intended from the start to be only temporary, you may still keep your permanent resident status. However, you may no longer use your green card as a U.S. entry document. You must either apply at a U.S. consulate for a special immigrant visa as a returning resident or you must get what is known as a reentry permit.
一旦你收到绿卡，只要您满足两个条件就可以终身保有它。首先，你必须不能成为“不可入境的 inadmissible” 或 “可缔结出境 的removable” 。这种情况最常见的被您被判犯有严重罪行。第二个要 求是，你不能放弃美国作为你的永久居留地。只要你不打算让你的家在别处，那么法律上你还是美国的居民。然而，问题还是可能会出现，因为移民局将尝试通过你的行为来判断你的意图。“放弃居住”规则是一个所有合法永久居民都应遵守的限制。当你在美国境外超过半年而未将您的计划提前告知移民局的话，“放弃居住”便可能发生。法律规定，你可以自由出国旅行，前提是您的行程是“暂时的” 。一般来说，移民局认为任何来离开超过6个月的离开美国都不是暂时的。因此，建议您在出发前获得“再入国许可” 。作为一般规则，如果你有绿卡，离开美国超过一年，你可能再进入该国的时候会遇到困难。这是因为移民局认为一个超过一年离美时间很可能表示当事人已经放弃美国居住权。即使你不到一年就回来了，你可能也会遇到麻烦。为了避免全面检查，您必须在6个月内返回。一种常见的误解是，只要您有绿卡，只要每年至少一次进入美国就足够了。而事实是，如果您一旦带着想到其他国家永久居住的意图离开美国，则你离境之时便已放弃了您在美国的永久居住权。再次强调，美国移民局会依据您的行为来判定您的真正居住地是否在美国。但另一方面，在美国境外居住超过一年并不意味着你已经自动放弃了绿卡，如果你离境的目的从一开始就只是暂时的，你仍然可以保持你的永久居民身份。然而，你可能不能再使用绿卡作为美国的入境证件。你必须作为返回居民在美国领事馆申请一张特殊移民签证或必须得到“重入国许可”。
I have a Green Card and plan on traveling out of the U.S. for a long time. Can I keep my Green Card? 我有绿卡，并计划离开美国很长一段时间。我可以保有我的绿卡吗？
Perhaps. The primary rule surrounding Green Cards is that you lose it if you give up your U.S. residence. The more common criterion, though, is time based. There are three important time limits to know about:If you are absent for less then six months, you will rarely have a problem. It is up to USCIS to prove that you abandoned your residency. Absent that, you are considered to never really have left.
If you are absent for more than six months but less than a year, the burden of proof reverses. It becomes your job to prove that you are still a permanent resident. This is based on the concept that after six months you have to be readmitted and have to prove that you are still admissible. As a side note, after an absence of more than six months, the various criteria for admissibility apply again too. For instance, if you in the meantime had become inadmissible, say through an HIV infection, you might have a problem.
If you are absent for more than a year, your Green Card will be considered almost automatically abandoned. Once that happened, there is usually no recourse. However, if by chance the immigration officer did not ask you how long you have been out of the U.S. when you return, then you may be in luck and able to keep your Green Card after all. You should in this case not leave the US for a very long time, and make it your bona fide residence again.
也许。关于绿卡的最主要规则是，如果你放弃了自己在美国的居留，则你便失去它。比较常见的评判标准是基于您的离境时间的。有三个重要的时间限制您需要了解一下：如果你是离境小于半年，你很少会遇到问题。美国移民局是证明你是否放弃你的居留权的机构。离境是指，您从来没有真正打算永久离开。如果你是缺席半年以上，但不到一年，举证责 任便会颠倒。这种情况下，证明你仍然是一个永久居民，就成了你的责任。这是基于“六个月后你必须被重新准入，并必须证明您仍然符合准入条件”的概念。作为一个旁注，离境超过半年之后，各种准入标准就要再次受到审批了。例如，如果你在此期间成为不予接受的，例如因为HIV感染，你可能就会遇到麻烦了。如果你离境了超过一年，基本上你的绿卡就会被认为几 乎是自动放弃了。一旦发生这种情况，通常没有追索权。然而，如果碰巧移民官没有问你，你已经离开美国多久，当您返回时，那么你可能会最终很幸运地能够继续持有你的绿卡。在这样的情况下，你不应该离开美国过长时间，并再次使它成为你真正的住所。
I need to travel out of the U.S. for more than a year. Is there anything I can do? 我需要离开美国旅行超过一年。我可以做些什么？
You can apply for a reentry permit (on form I-131) before you leave the U.S. You can depart before the reentry permit is approved. Note that waiting time may be six months or longer for issuance. With such a reentry permit, you can return to the U.S. even after one year until the reentry permit’s expiration date. Reentry permits are issued for two years. You cannot renew a reentry permit, but you can return to the U.S. for a short time and apply for a new one. The second such reentry permit will be granted for two years ago, but subsequent ones may only be approved for one year at a time.
How long is a Green Card valid for? 绿卡有效期是多久？
There are several answers to this question. If you received your Green Card through marriage, and have not been married for two years when you go your Green Card, you should have a conditional Green Card that is good for two years. Also, if you received your Green Card through investment (EB-5); you should have a conditional Green Card for two years. You must apply for removal of the conditional within 90 days before the two years are up. Once that is approved, you have a regular unconditional Green Card. If you apply either too early or too late, you will have a problem and should consult with an immigration attorney for advice. If you do not have the condition removed, the Green Card will become invalid at the end of two years, and your permanent resident status will be terminated. Unconditional Green Cards are valid for ten years. This does not mean that after ten years, you stop being a legal permanent resident – only the card itself becomes invalid. You must apply for a new one using form I-90. Without a current Green Card, you cannot use the Green Card to travel out of the U.S. and you also can not use the Green Card as evidence that you are permitted to work.
这个问题有几种不同的答案。如果您通过婚姻得到绿卡，并且当您申请绿卡时婚姻不满两年，你应该有一个有效期为两年的有条件绿卡。另外，如果你通过投资得到绿卡（ EB- 5 ） ，你应该有一个两年期的有条件绿卡。当两年期到而您符合所有正式绿卡的条件时，你必须在两年期到期前90天内申请移除绿卡的“有条件”。一旦获得批准，你将有一个正常的无条件绿卡。如果您太早或太晚申请，你将有问题，应该征询移民律师的意见。如果你的绿卡的“有条件”没有被移除，绿卡将在两年后失效，而你的永久居民身份将被终止。无条件绿卡的有效期为十年。但这并不意味着，十年后，你不再是一个合法的永久居民 - 只是卡本身变为无效。你必须通过I-90表申请一个新卡 。如果没有有效的绿卡，你不能使用绿卡离开美国旅行，你也不能使用绿卡作为在美国获准允许工作的证据。
Are any countries excluded from eligibility for the EB-5 Visa program? 有哪些国家排除在EB- 5签证计划之外不具备申请合格条件？
Residents of only a few countries are excluded (e.g. Iran and Iraq). In most cases, however, if the applicant is able to leave the excluded country and has the necessary capital to qualify under the program, legal counsel will be able to help the applicant qualify for the visa approval.
What is an ‘escrow’ account, and when does the investor transfer the money to this account? 什么是“托管”账户？投资者什么时候将钱转移到这个账户？
An Escrow Bank Account is a legal, interest-bearing account established in a registered bank to hold the initial deposit in the trust until the completion of visa processing. This type of account is commonly used in the sales of real estate, businesses and personal property. The Investment Visa Program has established an Escrow Account for the purpose of safely holding an investor’s funds at a leading bank in the United States. Under the agreements entered into with the servicing affiliate, the investor’s investment money is not authorized to be released from the Escrow Bank Account by the bank until the visa I-526 Petition has been approved. This process was created to protect the investor.
托管银行账户是在一个登记的银行建立的合法的，计息的帐户，有信托作用的持有托的投资人的资本金，直至完成签证处理。这种类型的帐户通常用于房地产、企业和个人财产的销售。投 资移民建立了一个托管账户，在美国的主要银行设立托管账户安全持有投资者的资金。在此约定下订立的服务联盟的协议是，投资者的投资资金不会被银行授权从托管银行账户释放，直到I- 526申请已经获得批准。这个程序是为了保护投资者。
How does the bank “escrow” account protect me against the risk of losing my money? 银行“托管”账户如果保护我对抗失去钱财的风险？
The initial cash deposit from the investor is placed in a legal, interest-bearing Escrow Bank Account. When an Escrow Bank Account is established, the funds continue to belong to the investor; however, they are committed to be placed into the investment upon petition approval. The attorney or bank has an agreement with the investor that requires the funds to be released from the account only when the petition is approved by the USCIS.
Can I apply if I am currently without a valid visa? 如果我目前没有有效的签证，可以申请吗？
Out-of-status nationals are no longer permitted to apply for permanent residency from within the United States. They must first return to their country of origin and apply through the United States Embassy there. Examples of “out-of-status” individuals are students, tourists, E-2 treaty investors who no longer have valid visas because they remained in the United States after their visas expired or were revoked. Use extreme caution.
在美无身份的外国人在美国境内申请永久居民权将不再被允许。申请者必须先返回原籍国，并通过当地的美国大使馆申请。 “无身份” 的例子包括签证失效的学生，旅游者和 E-2条约投资人，因为他们在签证过期或被吊销后继续留在美国。这一点要非常小心。
What is a Designated Regional Center? 什么是指定的区域中心？
A “Regional Center” is an entity, organization or agency that has been approved as such by the Service; Focuses on a specific geographic area within the United States; and Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.
Am I entitled to keep my citizenship from my country of origin? 我有权保持我的原籍国国籍吗？
Maybe. The U.S. allows dual citizenship, but your original country of origin may not allow it. You will need to investigate this.