Following is the Chinese translation of a previously published blog post:

我们曾经报道,美国移民局(USCIS)最近改变了其允许以借款作为投资人合法投资的政策。许多相关人士都提到,投资人以并非完全拥有的房产做抵押贷款的I-526申请被拒。美国移民局指出,借款可以作为投资人的资金,如果:(1)投资人对借款负有首要的和个人的偿还义务,并且(2)投资人实际拥有的抵押资产达到或超过借款的价值。

尽管有许多相反观点的法律论争,行政上诉办公室(AAO)认为Matter of Soffici支持所有借款的现金款项必须要作为债务评估。这一观点与先前的决定,是非常大的改变, 因为申请人主张的借款的现金款项实质上就是新商业实体(NCE)而不是投资人获得的款项。相关人士对移民局的错误法律理论表示关切,近期有报道说针对此问题,联邦法院有等待审判的案件。

我们采用新的法律途径,成功对中国物权法给予法律和事实的论证。在中国有许多事实情况和物权法概念适用于这些债务案子,包括财产价值,中国法下的财产所有权,可分割物权法概念,中国抵押贷款法,以及债务/信用/出资原则。因此,即使移民局继续依照其新政策审理申请,抵押借款申请仍然可被批准,如果申请的结构正确。移民局也正在签发批准书。对那些提交了申请,担心其申请因移民局政策变化而是否合理的EB-5申请人来说,这是一个非常令人欢迎的消息。

Special thanks to Jim Wang.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Kate Kalmykov Kate Kalmykov

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors

Kate Kalmykov Co-Chairs the Immigration & Compliance Practice. She focuses her practice on business immigration and compliance. She represents clients in a wide-range of employment based immigrant and non-immigrant visa matters including students, trainees, professionals, managers and executives, artists and entertainers, treaty investors and traders, persons of extraordinary ability and immigrant investors.

Kate has deep experience working on EB-5 immigrant investor matters. She regularly works with developers across a variety of industries, as well as private equity funds on developing new projects that qualify for EB-5 investments. This includes creation of new Regional Centers, having projects adopted by existing Regional Centers or through pooled individual EB-5 petitions. For existing Regional Centers, Kate regularly helps to prepare amendment filings, file exemplar petitions, address removal of conditions issues and ensure that they develop an internal program for ongoing compliance with applicable immigration regulations and guidance. She also counsels foreign nationals on obtaining greencards through either individual or Regional Center EB-5 investments, as well as issues related to I-829 Removal of Conditions.

Kate also works with various human resources departments on I-9 employment verification matters as well as H-1B and LCA compliance. She regularly counsels employers on due diligence issues including internal audits and reviews, as well as minimization of exposure and liabilities in government investigations.