Backlogs and set-asides
| Category | Final action date | Date for filing |
|---|---|---|
| Standard (unreserved) | December 1, 2016 | March 1, 2021 |
| Rural, high unemployment, infrastructure (set-aside) | Current | Current |
Set-aside categories are currently open to China-born investors and are the main way around the unreserved backlog. They can still become backlogged as demand grows, so check what a delay would mean for your children's ages before investing.
Cross-chargeability
If your spouse was born outside mainland China (for example in Hong Kong, Taiwan or another country), you can sometimes be charged to your spouse's country of birth, provided you immigrate together. This can be a way around the backlog for standard-category investors. An attorney must confirm it for your case. Start with the visa availability checker.
Investors in the U.S.
China-born investors in the U.S. in lawful status (H-1B, F-1 and so on) who choose a set-aside category can generally file the I-485 together with the I-526E, then apply for a work permit and travel permission while waiting, free of the lottery and employer ties. Confirm your current status will still be valid on the filing date.
Source-of-funds documents
- Tax records (納稅記錄) issued through the Individual Income Tax app or the e-tax bureau
- Bank statements showing salary and bonuses, and an income certificate from the employer
- For property sales: the sale contract, property title certificate, tax receipts and the original purchase funds
- For company dividends: shareholder resolutions, audit reports and individual income tax withholding receipts
- For gifts from parents: the gift contract, the parents' own source of funds, and proof of relationship, usually the household register (戶口本)
- Notarization and translation as required
Moving funds out
Individuals in mainland China can buy US$50,000 of foreign currency a year, and that quota can't be used for overseas property or securities. Pooling quotas through several relatives and remitting together draws scrutiny, and can also make USCIS question the path of funds.
Large outbound transfers need a compliant route planned before you invest, with bank records for every step. We assess workable options with your attorney and bank, and never recommend undisclosed or non-compliant channels.
A common trap: sending money through underground banks or undisclosed third parties breaks foreign exchange rules and makes the path of funds impossible to prove, which leads to I-526E denial.