– What are the EB-5 Investment Requirements?
The law requires that the foreign applicant to have invested in or be in the process of investing the necessary capital into an approved EB-5 project.
– What is the investment required for the EB-5 Investor Visa?
The basic EB-5 Visa investment amount is USD$1,000,000. However the required investment is USD$500,000 for US Freedom Capital investments, including those in the US Freedom Capital Regional Center.
– What US government agency is responsible for the EB-5 Investor Visa program?
The US Citizenship & Immigration Agency (USCIS), under the Department of Homeland Security, administers the program. Previously, the Department of Immigration was the governing agency of USCIS, before all of the security, defense, and immigration departments were consolidated under Homeland Security.
– What types of capital are eligible for the EB-5 investment?
Investment in the EB-5 Visa program can be made in the form of cash, cash equivalents, equipment, credit guarantees, inventory or other tangible property.
– What are legitimate source of capital for the EB-5 investment?
Capital does not include loans made by the investor to the venture, however the investor may borrow the investment money if it is secured by assets owned by the investor provided the investor is personally liable for repayment of the loan. The investor may receive a gift of funds, if all applicable taxes required by law have been paid.
– Why does my investment need to be “at risk”?
The USCIS requires validation that all capital investments are classified as “at risk” with no guarantees being made by the project to the investor. This is to confirm that the capital will actually be used for the purpose of creating jobs and profit-generating activity. Proof of actual business activity is also required and the use of capital investment for expenses or reserve accounts unrelated to job creation does not constitute “business activity”.
– How does the visa process verification of my lawful source of capital?
Proof that the actual investor has invested the capital is required. The documentation should trace the capital from the investor directly to the investment. The USCIS also requires that the investor provide documentation that proves the source of their investment funds was obtained legally. Proof of documentation is provided through previous tax returns and financial statements.
– What are the EB-5 Job Creation Guidelines?
A requirement of the EB-5 visa is that each investment of USD $500,000 must help to create jobs. The investment must create or sustain 10 full-time jobs for US citizens, lawful permanent residents or other legal immigrants in the United States.
An important advantage to investing in a project with the US Freedom’s US Freedom Capital Regional Center designation is the “indirect” nature of the job creation, which is less difficult to achieve than the “direct” creation of 10 new jobs. The requirement of creating at least 10 new full-time jobs can be satisfied by showing that as a result of the investment and the activities of the new enterprise at least 10 jobs will be created indirectly in the region through the economic impact of the investment. These jobs do not have to be directly related to the project and can now include certain construction jobs during the construction phases of the project. Jobs can also be counted that were created by the investment and located in the region. Economic models approved by the US Bureau of Labor and USCIS will be utilized to prove the job creation.
– What are the requirements for jobs created?
The jobs must be proven to exist at time of application or there must be proof that the required jobs will be created before the end of the two-year period of Conditional Permanent Residence. If the jobs are expected to be created during the two-year period a comprehensive business plan outlining the need and purpose of the 10 new positions must be included with the investor’s application.
– I am an investor. Do you have any contact or network for good project/product to invest in?
For sophisticated investors, the US Freedom’s US Freedom Capital Regional Center offers the PRO real estate investment programs intended to generate above average returns without involving the EB-5 visa program. Investors may be foreign citizens, irrespective of their status of immigration. US Securities and Exchange Commission regulations require that we verify your investment experience and financial capability before offering any specific investment opportunities. As with all at risk investments, you may lose some or all of your money. This information is not an offer to sell securities. For more information, click here.
– How many immigrant visas are allotted for investors?
The USCIS reserves 10,000 visas per year for EB-5 investors. 3,000 of these visas are set aside for foreign nationals who invest through Regional Centers. The USCIS is currently examining an expansion of the program due to its success.
– Do I have to have business experience to qualify as an investor?
No, EB-5 investors are not required to have any prior business experience.
– Can I apply if I have been rejected in the past by USCIS for a L-1, B, or other visa?
Previous rejections do not disqualify applicants unless the reasons are related to immigration fraud or other serious disqualifying circumstances as determined by the USCIS. Previous application by the investor for amnesty will not be convertible to an EB-5 visa application.
– What information and documentation are required for participation?
Click here request and receive the initial application material, securities subscription documentation and other materials required to submit an I-526 petition and participate in US Freedom Capital investments. Various documents will be required in connection with this petition, including financial statements, tax, and other personal and financial documents.
– What is meant by the requirement that the investor’s assets be “lawfully gained”?
The USCIS requires investors to prove that capital they invest in US Freedom Capital offerings were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.
– What are the business obligations of an investor?
An investor must be “active” in the management of his or her investment. Investors will be limited partners in limited partnerships established by US Freedom Capital for the US Freedom Capital Regional Center. Maintaining a limited partnership interest qualifies as “active” participation.
– What are the risks?
All invested capital must be “at risk” of loss under USCIS regulations. As a result, possible risks include, but are not limited to, standard investment risks, the failure to meet job creation requirements, and USCIS’ failure to approve an investor for participation in the immigrant investor visa program.
– Does the investor need to hire an attorney?
No, but we recommend that an investor obtain legal counsel for the submission of all immigration petitions.
– How long must an investor keep his money in the investment?
It depends on the investment. The “typical” EB-5 investment is out for four to seven years.
– If my USCIS petition is denied, will I receive my money back?
If you subscribed to a US Freedom Capital offering, and submitted an I-526 petition in good faith, then all invested capital will be returned to the account from which the funds originated. Application and legal fees may not be refundable.
– How long is the processing time for the I-526 petition?
In general, it takes between 4 and 6 months for USCIS to process a filed I-526 petition, depending on each applicant’s circumstances. Additional pre-screening and processing time may apply prior to the submission of the I-526 petition.
– When do I receive my permanent (unconditional) green card?
You must submit an I-829 petition to remove the “conditions” from your green card within the 90-day period preceding the 2-year anniversary of the date on which your I-526 petition is approved. Assuming program compliance, you will receive your permanent green card promptly upon the adjudication of the I-829 petition.
I-829 adjudication generally takes approximately six months.
– Who receives permanent residency (“Green Card”)?
Permanent residency will be granted to the primary EB-5 investor, his or her spouse, and any unmarried children who are under the age of 21 when the requirements of the program have been met.
– After I receive permanent residency, will I need to stay in the US for at least 180 days per year?
There is no provision of US law that requires a permanent resident to remain in the US for 180 days per year either continuously or in the aggregate. However, if you intend to be outside the U.S. for extended periods of time, it is important that you seek legal counsel prior to leaving in order to ensure that you comply with U.S. law.
– Will my children be able to remain in school in the U.S. if I leave the U.S.?