EB-5 PROGRAMMarch 27, 2021
EB-5 INVESTOR VISA PROGRAM
The United States Immigration Act’s EB-5 program provides a special category of immigration visa for the international investor. Through the program, foreigners have the opportunity to obtain U.S. permanent residency by investing in a qualifying, job-creating project.
WHAT IS AN EB-5 INVESTOR VISA?
The U.S. Immigrant Investor Program – known as “EB-5” – is one of the most efficient ways for people from around the world to obtain a green card and live in the United States of America. After the successful completion of the program, investors and their family members (spouse and children under the age of 21) are given a conditional resident status in the United States, which can be converted into a permanent residency with a path to citizenship.
HOW IT WORKS
Since its introduction in 1990 by the U.S. Immigration Act, the EB-5 Program provides a special category of immigration visa for the high-net-worth international investor. To qualify for the program, the applicant must invest $500,000 in a business or project located in an area of the United States with a high unemployment rate. The applicant’s investment must create 10 full- time jobs within a two-year period.
After the approval of the initial application, which is focused primarily on establishing the legal source of the investment of$500,000 (known as an I-526 Petition), the applicant and his or her immediate family are eligible for a conditional resident status in the United States. Once the applicant establishes that the investment of $500,000 was made in the selected project and the 10 full-time jobs were created within the required period, the condition attached to the visa is removed and the applicant and family receive permanent resident status in the United States.
Unlike other U.S. visa programs, there are no age, language, education or prior business experience requirements for the applicant. They can apply for citizenship after the successful completion of the EB-5 and the jobs formed from their investment.
Designed to reduce unemployment, EB-5 allows foreigners to create new jobs for Americans by investing in specially designated projects, such as The Ocean Resort Residences at The Conrad Fort Lauderdale Beach.
Alongside benefiting the community, the applicant and his or her immediate family (spouse and children who are under the age of 21 at the time of visa appointment) will be awarded green cards and be allowed to live anywhere in the U.S.
• Investment of $500,000.00, plus $50,000 Admin Fee
• Proof of legal source of said investment via the I-526 Petition
• Each investment must create 10 full-time jobs for U.S. qualified workers
EB-5 Investment Requirements
- $500,000 Investment. The source of the investment funds must be proven to be lawfully gained.
- Create 10 Jobs within 2 years of starting the investment.
- Investor must not be a prohibited person.
EB-5 Advantages Compared to Other Visas
- No advanced requirements including education, work experience, special technical abilities etc.
- Freedom to live and work anywhere you wish.
- Faster path to citizenship than H-1B or other visas.
- Easy to apply.
EB-5 VISA PROCESS
Sign CA, Eligibility Questionnaire, See Introductory Materials
• Fill out the EB-5 Investor Eligibility Questionnaire:
• Sign our Confidentiality Agreement to obtain our Investment Offering documents
• Read and understand all offering documents and make an investment decision
Prepare Source of Funds Report, Accredited Investor Status
• If needed, sign a contract with a qualified firm to prepare your Source of Funds report and remit applicable payments to start the process.
• Verify Accredited Investor status by providing Accredited Investor Certification letter through a different qualified professional.
(If Applicable/Optional, accounting, immigration lawyers or financial consulting firm are all potentially capable choices.)
Sign Contracts, Subscribe to Partnership
• Sign all contracts (Subscription Booklet, Escrow Acknowledgement, Immigration Attorney Engagement Contract (If applicable))
• Once the Subscription Booklet is reviewed and approved, a countersigned copy of the
Subscription Agreement will be sent to the investor
• Wire or transfer the $50,000 Administrative Fee to General Partnership.(See Subscription Agreement)
• Wire or transfer the $500,000 EB-5 capital investment to our Escrow Account. (See Subscription Agreement)
• Read and understand all offering documents and make an investment decision
I-526 Petition Filing
• Sign contract with Immigration Counsel to begin I-526 petition preparation.
• Submit Source of Funds Report to Immigration Counsel to finalize the I-526 document preparation.
• Submit I-526 Petition to USCIS.
Consulate Interview or Adjustment of Status
• If investor resides outside of the U.S., a Consulate Interview will be scheduled
• If investor resides in the U.S. with a valid visa, the investor’s immigration attorney will help adjust the visa status.
• The investor receives conditional two year green card.
Submit I-829 Petition
• Three months before the conditional green card expires, the investor’s immigration attorney will submit the I-829 Petition to remove the condition.
• Once I-829 petition is approved, investor will receive a permanent green card.
• Principal and interest is repaid to each investor after the loan matures.
EB-5 Investor visa: Frequently Asked Questions
Under the EB-5 Investor visa, if the investor has more than one child, are they all eligible for green cards?
The investor can include all unmarried children under the age of 21. If one of your children under the age of 21 is already studying in the U.S. at the time the application is approved, he or she will also be considered an immigrant by adjusting his or her status from student visa holder to resident visa holder.
How do I certify the legal source of my $500,000 investment?
There are many sources that are accepted as legal: capital earned from a legitimate business, appreciation of real estate investments, inheritance, lottery winnings, and so on. For more details, enquire with your immigration consultant company and U.S. lawyers to evaluate your case and design a suitable solution.
Can a family member give me the required funds so that I qualify?
Yes. Gifts from a family member or other person can be used for investment immigration after a gift tax. However, you still must provide verifiable proof of a legitimate source for the gifted funds.
I would like to visit the project and persons involved in the U.S. Is this possible?
You are welcome to visit the projects that are already completed and the projects in construction. Our team in Florida will be happy to introduce you to the key partners of the project. Should you wish to visit us, give us your tentative visit date and we will arrange your visit.
What kind of job creation is recognized by the USCIS?
Under the individual direct investment, the program requires the creation of 10 full-time jobs created directly by the project (excluding the indirect jobs calculated by economic modeling). Fulltime means working 35 hours or more per week. The workers must be identified as U.S. qualified workers.
However, if the project is from a regional center, the calculation of indirect and induced jobs based on an approved economic methodology is accepted, making the criteria much easier to meet.
EB-5 Projects mandate an independent analyst to estimate the job creation required to remove the condition attached to the Green Card.
When do I need to invest the $500,000?
Once the Regional Center establishes that the investor fulfilled the basic admissibility requirements, they are invited to wire their investment of $500,000 into the project. The amount will be kept in escrow until the I-526 application has been submitted to the USCIS.
When I apply for the removal of my green card’s conditional status, what must be established?
USCIS will base their decision on a comparison between the investor’s job creation forecast indicated in the I-526 petition and the actual job creation at the time of submission of the petition for the removal of the condition (I-829 petition).
The immigration officer will assess whether the investment of $500,000 has indeed been invested in the manner indicated in the I-526 and has led to the creation of at least 10 full-time jobs and whether it is realistic to expect that the jobs created will be sustained for a reasonable period. If the answers to those questions are positive, the I-829 petition should be approved and the condition removed.
What kind of benefits and conveniences does a U.S. green card provide?
Everyone has their own motivations for resettling in the United States. Having a green card will greatly facilitate this plan and it will also bring many conveniences.
People who have the permanent right to settle in the United States through the EB-5 Immigrant Investor Program are granted most of the rights of U.S. citizens. The green card also gives you, your spouse and children under 21 the right to settle anywhere in the United States and come and go as you please.
Green card holders can also freely start businesses and engage in sole proprietorship or corporate enterprises in the United States. Permanent residents no longer need a work visa to engage in work or business in the country.
The United States is home to many of the world’s best international institutions for basic education and postgraduate study. As a 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. As a permanent green card holder, you will be granted these same basic entitlements.
When is my $500,000 investment repaid?
The investment continues separately to the immigration application and will be repaid per its own terms. Typically work with an approximately five-year term but each project is different. The investment must be at-risk per USCIS requirements, and no guarantee can be made as to its return of or return on investment.