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How can I invest in EB-5 with currency from my home country?

It has been a problem for Chinese EB-5 investors to wire large sum of U.S. dollars out of China, either for direct investments or for the regional center investments. If the direct investment entity has existing operations in China, can the EB-5 investor wire or direct deposit the investment funds in RMB to the international corporation in China? How would this satisfy the direct investment or source of funds? Do I have other options?

Answers

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    Barbara Suri

    Immigration Attorney
    Answered on

    The Chinese have found legal, creative ways of getting the funds to the EB-5 projects. You must also be able to track the funds through a legal source.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, you cannot invest in the China branch. Complying with Chinese exchange control is important. It may be advisable to consult with an established agency that can advise and assist so as to do this in a way that complies with Chinese law and meets U.S. legal requirements.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    The EB-5 investor must invest personal funds directly in the new commercial enterprise. The EB-5 investor investing funds in the Chinese entity could not satisfy this requirement.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    As long as this type of transaction does not violate any Chinese financial institution regulations, it is perfectly acceptable. Also, the USCIS will defer to the Chinese law and hold this type of transaction as lawful. The fund that is transferred can be used for either direct investment or funding of investment through a regional center. Advisably, consult an EB-5 attorney for further proper arrangement.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    It is unlikely that an investment in RMB in China for the benefit of a U.S. commercial enterprise's China operations will qualify for EB-5. The new commercial enterprise must create at least 10 full-time positions for U.S. workers. There are some solutions to the difficult problem of Chinese investors moving money out of China; you should contact an experienced EB-5 immigration attorney to get the details and make the right decision for your particular situation.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The investment must go into the U.S. entity. Perhaps you can purchase equipment for the U.S. entity and invest the equipment. Discuss options with your lawyer.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    It is best to discuss your situation with an immigration attorney, given the specific factual circumstances.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    The money invested must be in a commercial enterprise in the U.S. and the requisite jobs created in the U.S. Unless you can show that the money somehow ended up in the commercial enterprise and jobs created in that entity, I don''t believe your scenario would work. I believe there are other legal vehicles under which money may be transferred to the U.S. from China. You may want to focus your efforts there.

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    Charles Foster

    Immigration Attorney
    Answered on

    There are currency restrictions in China, which makes it difficult to transfer large sums to the U.S. for EB-5 or other purposes. If this is a direct EB-5 investment and the entity, which otherwise meets the statutory and regulatory requirements for an EB-5 direct investment, has operations in China, you could deposit the investment funds in RMB to the international operation in China. However, this must be an investment in the U.S. that creates jobs in the U.S.; therefore, even if you made your initial investment in the international operation in China somehow, at some point would need to be transferred into the job-creating entity in the U.S. China has a currency limitation per investor. One way investors have done is to transfer the maximum themselves and have other close family members and friends transfer funds on your behalf so that, in the aggregate, you can transfer the minimum EB-5 investment amount into the U.S.

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