Thursday, January 19, 2012

移民局上诉办公室对于申请新区域中心“买房模式”的否决

最近移民局又公布了一个AAO(移民上诉办公室)的对于一个新区域中心申请否决的案例,全篇在这里
这个否决再次明确了移民局对于用EB5投资买房产(不论是自住,投资还是度假房)形式的生意模式都不是满足EB5法律要求的模式(Eb5投资要“At-Risk”!老生常谈了已经)的立场。 这也不是移民局第一次否决此类区域中心申请。

否决书相关语言摘引如下:
“ the AAO affirms the director’s determination that such a real estate purchase of a private residence, even if still under construction, is not an at-risk investment of capital that can be credited with direct or indirect job creation under the employment creation program set forth at section 203(b)(5) of the Act and the implementing regulation at 8 C.F.R. § 204.6. The purchase of individual residential suites by alien “investors,” even if concentrated in one resort complex, is also not the type of “pooled investment” concept Congress envisioned for the regional center program. In addition, the offer in the record indicates an alien “investor’s” funds would be returned should the residence not be completed on time, even if the alien has already adjusted to conditional permanent resident status. Thus, the alien’s funds would not be at risk if the project failed or construction was delayed. ”

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