Monday, November 7, 2011

Can a Chinese investor apply for an EB-5 visa? The government only permits Chinese people to transfer fifty thousand dollars out of the country each year.

Yes. Chinese investors can participate in the program, and it is very popular. Since the government of China has export controls on currency that permit Chinese citizens to transfer no more than an equivalent of fifty thousand dollars per year out of the country, EB-5 investors use several methods to transfer money out of China, and there are several questions about whether some of the methods utilized are permitted.

Can I transfer money through friends?
Yes. Many investors open a checking account in Hong Kong or Singapore. They then divide the five hundred thousand dollar investment into ten fifty thousand dollar portions and ask ten friends each to transfer the money to their Hong Kong account.

Can I open an account overseas and have a friend transfer money from her account to my account?
Yes. this method has been utilized by investors. This method requires a friend with an overseas account and an account in China. The investor transfers five hundred thousand dollars to the friend's Chinese account. The overseas friend then transfers five hundred thousand dollars from his/her account to the investor's overseas account.

The key to transferring funds is to document every transfer very carefully. USCIS looks at the source of investor's funds very seriously. It it important that the investor be able to trace all transfers.

Please feel free to contact New York Immigration Attorney Robert J. Maher, Esq. with any questions: http://www.robertmaherlaw.com

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