The EB5 Visa is a way to get your Green Card and Lawful Permanent Residency through Investment. Making the minimum required Investment into a For Profit Enterprise in United States and Creating or Preserving Ten Full Time Jobs enables Foreigners the benefit of obtaining a Green Card for themselves & their Immediate Family and become Lawful Permanent Residents, and eventual Citizens, of the United States. The Investment can lead to a Green Card for the Investor to Permanently Live and Work in the United States with their Spouse and Unmarried Children under the Age of 21. The EB5 Visa Program is operated by United States Citizenship and Immigration Services (USCIS).
EB5 Visa Direct/ Individual Investment: Investment in a New or Existing Commercial Enterprise that Creates Jobs; Immigrants can only count Direct Jobs; Direct Job creation is a result of an Investment which has Created and Sustained Ten New actual Identifiable Jobs over a Two-Year period; In the Direct Investment context, the 10 Jobs created must be Full-Time (35 or more Hours per Week), Permanent, and for W-2 Employees of the New Commercial Enterprise. The Investor can manage the Enterprise or Formulate Policy for the Business by acting as a Member of the Board of Directors or Exercising Voting Control over the Business.
EB5 Visa Regional Center Investment: Investing Capital through a “Regional Center”, a Government-Approved Firm that actively manages Investor Funds and the Immigration approval process. Ability to count Direct, Indirect/ Induced Jobs, the Investor does not need to show that he or she directly hired any Employees and the burden of proving Job Creation is passed onto the Regional Center.
To read the official EB5 Visa Program statutes passed by Congress, please visit the following links:
To fulfill the above requirements, Investors must coordinate with an Immigration Attorney. When you’re ready to subscribe to one of our Projects, we can provide a experienced, non-affiliated Immigration Attorneys for you to contact.
During the First Step, a Foreign Investor files the I-526 Petition along with substantial Supporting Documentation. The Main purpose of this Petition is to show to USCIS: How the Investment will Create, or otherwise Preserve, the required Ten Full-Time Jobs; that the Investment is At-Risk; that a Foreign Investor’s Investment Capital comes from a Lawful Source of Funds; and that a Foreign Investor is Involved in the Management of a For-Profit Enterprise either through Daily Management Activities or through Policy Formulation (most frequently, a Foreign Investor becomes a Limited Partner in a Limited Partnership or a Member in a Limited Liability Company).
The Investor submits their Conditional Permanent Resident Application either through the filing of an I-485 Application for Adjustment of Visa Status, or DS-260, Application for EB5 Visa. This is the Visa Petition that will confer the Green Card to the Investor and his eligible dependents granted for Two Years.
Within 90 days of the Two-Year Anniversary of the initial grant of Permanent Resident Status, the Principal Investor must submit the I-829 Petition to USCIS to Remove the Conditions on his or her Conditional Green Card and obtain Indefinite Permanent Resident Status in the United States. At that time, the Investor must show the New Commercial Enterprise & their Investment were sustained during the period of Conditional Permanent Residence, and the 10 Jobs were created.
The Condition Removal Process requires a Regional Center and Project to be able to Trace and Document every Investor’s Investment into the Escrow Account; Every Transfer of Funds from the Escrow Account to the NCE; Every Transfer of Funds from the NCE to the JCE; and the Actual usage of the Funds by the JCE to Create Jobs. The Condition Removal Process also requires a detailed Accounting of all Expenditures for Construction with a breakdown between various Soft Costs and Hard Costs. If the Operations Jobs are to be counted, a system must be in place to provide a detailed accounting of revenues of the Project.
This is a process that requires the appropriate Tracking Systems, Data Entry Systems, Loan Administration Systems, Auditing and Legal Review on an ongoing basis.
Within 90 days of the Five-Year Anniversary of the initial grant of Permanent Resident Status, the Principal Investor and his immediate family members may apply for and obtain US Citizenship through the Process of Naturalization.
There are other Countries which provide Citizen Investment Programs. However, based on the benefits of the EB5 Visa Program, it seems more conducive than the other Investment Programs.
EB5 Visa Program is a Gateway of Investments to Land of Opportunities, Home for Culture Freedom, Exceptional Quality of Life, Finest Education & Healthcare System, Secured life for Family with home of the FREE.
Applicant, Spouse and all Unmarried Children under the Age of 21 Years are eligible under Same Application of EB5 Visa Program for Green Card.
In order to be eligible to file an I-526 Petition, the Foreign National’s Investment must be “At-Risk” in the Commercial Sense. Meaning, Investor’s Petition will be denied if USCIS determines that the Investor’s Investment is not At Risk.
An Accredited Investor, in the context of a Natural Person, includes anyone who: earned Income that exceeded $200,000 (or $300,000 together with a Spouse) in each of the Prior Two Years, and reasonably expects the same for the Current Year, OR has a Net Worth over $1 million, either Alone or Together with a Spouse (excluding the value of the Person’s Primary Residence).
Sophisticated Person, means the Person must have, or the Company or Private Fund Offering the securities reasonably believes that this Person has, Sufficient Knowledge and Experience in Financial and Business Matters to evaluate the Merits and Risks of the Prospective Investment.
Applying for an EB5 Visa (Green Card) via the Direct Investment Model can be a Daunting Process. There are Two Major Elements: Buying and Managing a New Business (or Selecting a Project in the case of a Regional Center Investment) and the Immigration Procedure.
Regional Center Investors can Take Advantage of Established, Government-Approved Economic Units rather than expending Time and Energy to build their Own Enterprise. Moreover, in addition to carrying a lighter evidentiary burden, Regional Center Investors who obtain Permanent Residency will also have more Geographic Mobility both within and outside of the United States since they are not tethered to the location of the Commercial Enterprise as are Direct Investors who are more directly involved with their Investment.
In the Regional Center context, Investors in an EB5 Enterprise organized as a Limited Partnership usually have the Rights and Duties accorded to Limited Partners under the state’s Limited Partnership Act. The same is true for a Limited Liability Company. This level of involvement is sufficient for EB5 Visa Program purposes. In the Direct Investment context, the Investor can manage the Enterprise or Formulate Policy for the Business by acting as a Member of the Board of Directors or Exercising Voting Control over the Business.
The NCE is the issuer of Securities and is the entity into which the Investors Invest.
The Investor is expected to Participate in the Management of the New Commercial Enterprise either through Day-To-Day Management or by Assisting in the Formulation of the Enterprise’s Business Policy.
In the Regional Center context, Investors in an EB5 Enterprise organized as a Limited Partnership usually have the Rights and Duties accorded to Limited Partners under the State’s Limited Partnership Act. The same is true for a Limited Liability Company. This level of involvement is sufficient for EB5 Visa Program purposes.
USCIS requires Investors to Properly Document the Path of Funds to show that the Funds Arrived in the Investment Enterprise by Lawful means.
USCIS Adjudicators often apply these Higher Standards of Proof when Adjudicating Investors’ Source and Path of Funds. Failure to adhere to the USCIS Standards would result in the Denial of the Investors’ I-526 Petition. Thus, EB5 Investors must be prepared to provide Detailed Documentation to Prove the Lawful Source and Path of Funds to survive USCIS Scrutiny.
Because USCIS Officers Impose a High Level of Scrutiny to Verify the Lawfulness of Investors’ Source and Path of Funds, Investors and Attorneys must understand that they must be prepared and willing to devote a substantial amount of time and effort to Prepare Source and Path of Funds Documentation. These Documents must be accompanied by Accurate and Complete Translations into English where the document is in a Language other than English.
Once Regional Center establishes that the Investor fulfilled the Basic Admissibility Requirements, they are invited to wire their Investment of $500,000 into Escrow Account of the Project before filing I-526 petition. Some project keep the amount in ESCROW until the Approval of the I-526 Petition by USCIS or Some project release money from ESCROW to project at the time of filing the I-526 petition to USCIS as per the requirements because currently I-526 petition approval has approx 18 months to adjudicate due to waiting time from USCIS.
USCIS requires Investors to properly document the Path of Funds to show that the funds arrived in the Investment Enterprise by Lawful Means.
No. USCIS Forbids Redemptions or Guarantees for EB5 Investors. The Investment must be “At Risk”, as described in Offering Memorandum.
Everyone has their own motivation for resettling in the United States. Having Green card will greatly facilitate this plan and it will also bring many conveniences likewise;
Yes. You are welcome to visit the Projects that are already Completed and the Projects Under Construction. Our Project Team will be happy to introduce you to the Key Partners of the Projects.
No. The Geographical scope of the Regional Center is related to the Investment behavior of the Center, but it has nothing to do with the Investor or his/her stay.
Yes. Gifts from Family Member or Other Person can be used for Investment Immigration after a Gift Tax. However, Gifted Funds must provide Verifiable Proofs of the Legitimate Source.
Conditional Permanent Residence is granted for Two Years, and at the end of Two Years, the Investor and his family must file for I-829 to Remove those Conditions.
Unlike other U.S. Visa program,
Yes. Green Card Holders are Taxed in the same way that U.S. Citizens are Green Card Holders are subject to Federal Tax on Worldwide Income as of the date they become Residents.
Yes. Additional Fees include an Administrative Fee to the Regional Center, Fees charged by Immigration Attorney, Fees charged by the USCIS for filing petitions and Fee of PROPEXIMA for consulting & preparing documented file for submission.
United States is the most Desired Education Destination for Wealthy Children’s. For U.S. Educated International Students, the EB5 Visa Program can be a Positive Alternative to Seeking H-1B Visas. If Wealthy Parents “Gift “ their Children EB5 Funds prior to sending them to college, not only would they pay Lower Tuition Fees as U.S. Residents, but the Post Graduation Visa concerns would be eliminated.
Naturalization Process: If an Individual is not born in the United States or born to American Parents, they have to go through the Naturalization Process to become a U.S. Citizen and the Applicant must meet all requirements of the Immigration and Nationality Act (INA).The processing time for N-400 Applications varies by USCIS location but typically takes an average of Four to Six months. Once the N-400 Application has been processed, most Applicants are required to attend an Interview and pass a Test on the English Language and U.S. Civics. If the Application is approved, the prospective Citizen will receive a Ceremony Date, take the Oath of Allegiance, and receive their Certificate of Naturalization.