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EB5 Visa

EB5 Visa Overview:

“EB5 Visa” means “Employment Based Fifth Preference Visa”.

Congress created the EB5 Visa Program in 1990 to Stimulate the U.S. Economy through Job Creation and Capital Investment by Foreign Investors to Immigrate to the United States and have Green Card by engaging in a For-Profit Enterprise that will Create or otherwise Preserve at least Ten Full-Time Jobs and Benefit the US Economy.

By building Immigration benefits into Investment Incentives, the EB5 Visa Program provides a welcome avenue for Overseas Wealth to be delivered to U.S. Economy- tapping into New Opportunities and opening a New frontier of development Finance Program.

This sets aside 10,000 Visas each year for EB5 Visa Participants who Invest in Commercial Enterprises associated with Regional Centers approved by USCIS based on proposals for promoting Economic Growth.

To meet EB5 Visa Program requirements, Foreign Investors must make an “At Risk” Capital Investment in a For-Profit U.S. Business Entity. The required Investment Amount is either $500,000 or $1 Million, depending on which Project you Invest In. If you Invest in a Targeted Employment Area (TEA) the Investment is $500,000, if you Invest elsewhere the minimum required Investment is $1 Million. EB5 Visa Investments must lead to the creation of 10 Fulltime U.S. Jobs for at least Two years.

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).

There are currently Two Ways for Foreign Investors to obtain an EB5 Visa:

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.

(OR)

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:

Learn More for EB5 Visa Program.....

Eligibility & Requirements by USCIS:

To participate in the EB5 Visa Program, Investors must file the I-526 Petition with the United States Citizenship and Immigration Services (USCIS). After I-526 Approval, Investors will file a separate Petition – the I-829 Petition – to receive Permanent Residency.

I-526 Petition:

Filing the I-526 Petition is the First Step in the EB5 Visa Program Application Process. USCIS requires all Investors to produce the following:

Evidence that the Invested Capital comes from a “Lawful Source”.

Evidence that an Investor’s accumulated wealth is sufficient for an EB5 Visa Investment.

Evidence that the Investor has transferred funds to the Regional Center’s Escrow Account or Project Account.

Copies of Passports for each family member on the Petition.

Documents related to the Petitioner’s Education and Employment History, such as Resumes, Diplomas, and other relevant documents.

Birth and Marriage Certificates for all family members on the Investor’s Application.

Additional information may be required on a case-by-case basis.

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.

I-829 Petition:

Upon Approval of the I-526 Petition, the Investor and all family members listed on the Petition will receive a Conditional Green Card that lasts for Two Years. Within 90 days of the Conditional Green Card’s expiration, Investors and their Attorneys must file the I-829 Petition to demonstrate the following:

Evidence that the Investor Invested the Required Amount of Capital under EB5 Visa Program.

Funds were Invested in the Project and “At Risk” at the time of the I-829 Petition filing.

The New Commercial Enterprise created, or can be expected to create, at least 10 Full-Time Jobs as a result of the Investor’s Funds.

Upon USCIS approval of the I-829 Petition, Investors and their family members will receive Permanent U.S. Green Cards.

EB5 Visa Application Process:

Stage #1:

Engage with Project Team.

Complete Investor Questionnaire.

Evaluate Project Documents.

Engage with our Expert Immigration Attorney.

Compile Source of Funds documentation with Attorney.

Complete Subscription Documents.

Transfer Funds to Project ESCROW Account.

Attorney Files I-526 Petition with USCIS.

Note for I-526 Petitions:

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).

Stage # 2:

Receive I-526 Petition Approval.

Attend Interview at U.S. Consulate and receive EB5 Visa.

Immigrate to the U.S. and receive Two Year Conditional Green Card.

Note upon Approval of I-526 Petition:

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.

Stage # 3:

Reside in the U.S. as a Temporary Resident for Two Years.

Attorney Files I-829 Petition with USCIS to Remove Conditional Resident Status.

Receive I-829 Petition Approval & Permanent Green Card.

Note for I-829 Petition:

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.

Note for Conditions Removal:

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.

US Citizenship:

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.

Learn More for EB5 Visa Process :

Benefits of EB5 Visa Program:

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. 

Single Investment: The Principal Applicant, Spouse and any Children under the age of 21 years qualify under the same EB5 Visa Program.

No Boundaries of Province: EB5 Visa Program gives Freedom to Live, Work and Retire anywhere in the US, regardless of the location of EB5 Visa Investment Project or Province.

No Actual Management: As EB5 Visa Investments are in Regional Center, so no requirements to manage Daily Business Operations and Employees for the Investor.

Freedom of Travel: There are No Travel Restrictions in and out of your home country for Investor.

Education: Investors have Equal Access to College Education at the same cost as In-State Residents. No claim for Extraordinary Ability or Education.

No Language Requirements: The Proficiency in English is not necessary to participate in the EB5 Visa Program.

Choice of Citizenship: The possibility to become a US Citizen after 5 years of being a Green Card holder through Investment Immigration only.

A Direct Route to a Green Card: by investing in an Enterprise that creates Jobs for US Citizens.

No Sponsor Needed: The Applicant can use his/her own Personal Funds rather than a required Sponsorship from an Employer or Family member.

No Quota Backlogs like Employment & Family based Visa: The EB5 Visa category has none of the backlogs typical of other Employment and Family based Green Cards.

Healthcare: Gain access to the same High-Quality Healthcare available to U.S. Citizens.

EB5 Visa Program FAQ:

Who will be Eligible under EB5 Visa Program Application?

Applicant, Spouse and all Unmarried Children under the Age of 21 Years are eligible under Same Application of EB5 Visa Program for Green Card. 

Does Investor's EB5 Investment Capital is At Risk under EB5 Visa Program?

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. 

What do you mean by Accredited/ Sophisticated Investor under EB5 Visa Program?

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. 

Why Regional Center is Best Choice of Investment as compare to Direct Investments for EB5 Visa Program?

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. 

Why to choose Regional Center for EB5 Visa Program?

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. 

Who are the Project Players under EB5 Visa Program Offerings?

The Regional Center;

Job Creating Entity (“JCE”):The Project Entity where the Jobs will be Created; and

The New Commercial Enterprise (“NCE”): the Entity into which the Investor Invests his Money.

The NCE is the issuer of Securities and is the entity into which the Investors Invest. 

How does Investor will play Active Role of Management under Regional Center Investment of EB5 Visa Program?

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.  

Why documented Funds representation is so important in EB5 Visa Process Application?

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. 

What Exactly 10 EB5 Job Creations meaning under EB5 Visa Program?

The Jobs must be Full Time. Full Time Work requires 35 Hours A Week at the Minimum. Where Two Employees Share a Full Time Position, that Part-Time Employment is not included. To Illustrate, where a Person Works in Two Part-Time Jobs, they will not be Qualified in spite of the Total Work Hours of the Two Jobs Totaling 35 Hours A Week.

It must be Offered to U.S. Citizens Only.

The U.S. Citizen must be Permanent and Lawful U.S. Resident or Are Immigrants that are legally allowed to be employed in the U.S.

When does Investor needs to Invest the $500,000 investment under EB5 Visa Program?

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. 

Which are the documentary proofs required to prove Lawful Source of Funds under EB5 Visa Program?

Foreign Business Registration Records;

Corporate, Partnership, and Personal Tax Returns or similar documents filed within the Past Five Years;

Evidence Identifying other Sources of Capital; or

Certified copies of Court Judgments, Pending Court Cases, and Administrative proceedings within the Past 15 Years.

USCIS requires Investors to properly document the Path of Funds to show that the funds arrived in the Investment Enterprise by Lawful Means. 

Is there any guarantee for EB5 investing capital under EB5 Visa Program?

No. USCIS Forbids Redemptions or Guarantees for EB5 Investors. The Investment must be “At Risk”, as described in Offering Memorandum. 

What are the Benefits and Conveniences does a U.S. Green Card provide under EB5 Visa Program?

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; 

EB5 Visa Program granted same rights as other U.S Citizens.

All rights for Applicant, Spouse & Children below 21 years to settle anywhere in the United States and come and go as you please.

Green Card holder can also freely start Businesses and engage in Sole Proprietorship or Corporate Enterprise in the United States.

Permanent Residents no longer need a Work Visa to engage in Work or Business in the Country.

United States is home to many of the world’s best International Institutions for Basic Education and Post- Graduate Study.

As U.S. Resident, Investors can pay relatively Lower Tuition Fees at these Elite Schools.

The cost of living in the United States is less than many other Large, Advanced Countries, Consumer Goods, Services and Housing are also much cheaper than many Countries.

American Citizens are entitled to many Social Rights and Goods such as Public Schooling, Health and Medical Assistance, Social Security for Retirement and more.

Permanent residents do not need to update and reapply for work or residence status in the U.S. other U.S. Non immigrant visa categories, such as E-2, and H, are often not granted permanent residency.

Permanent Residency with an unrestricted Green Card means your status never needs to be renewed.

Does the Investor get support to visit the Project location and interact with the Project Management Team before deciding to Invest into the Project?

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. 

Does investor have any compulsion to stay in the area of his invested Regional Center?

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. 

Does Family Member give the require amount of Funds to get Qualify for EB5 Visa Program?

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. 

How much validity of Conditional Green Card Carries?

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. 

What are the benefits of EB5 Visa Program over other Visa requirements?

Unlike other U.S. Visa program, 

Successful Applicants and their families can settle anywhere they choose in the United States.

There are no requirements for Age, Education level or prior business experience.

Applicants are not required to speak English.

Does Investors with Conditional Green Cards subject to U.S. Tax Law?

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. 

Is their any additional fee to be paid while investing into EB5 Visa Program?

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. 

Why to choose EB5 Visa Program for Children’s desired Education Destination of USA?

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. 

What is Naturalization Process under EB5 Visa Program?

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. 

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