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EB-5 Investor Visa

The EB-5 Visa / EB-5 green card allows investors to obtain immigrant visas which can lead to permanent residence and citizenship in the United States. The EB-5 Visa and investment green card program is an excellent option for anyone who wishes to gain permanent residence in the US. It also may be the only way residents of non-treaty countries who cannot obtain E-2 or E-1 visas can immigrate to the United States through investment.

The U.S. Congress created the EB-5 Program in 1990 in order to enable high net worth foreign investors to obtain a U.S. Visa by investing in a U.S. business in a manner that will benefit the economy by creating jobs. To qualify under the EB-5 Program, the foreign investor must invest $1 million in a qualified new commercial business. That amount is reduced to $500,000 if the new commercial business is located in an area with high unemployment. Each investor must also create 10 or more permanent U.S. jobs through his or her investment.

Important Facts
  • Investment based green cards are limited to 10,000 per year
  • The investment can be anywhere in the United States
  • The investment must be maintained at least three years
  • You must take an active role in the business, but you don’t need to control it
EB5 Eligibility

Several factors determine your EB-5 eligibility:

  1. You must get approval for Form I-526 (Immigration Petition by Alien Entrepreneur). Your immigration attorney will file this and all other necessary forms for you.
  2. You must have legal permission to enter the United States.
  3. A visa number must be available (10,000 visas cannot already have been distributed to EB-5 investors).
  4. You must not have a criminal record, or you must have it waived. You may not have committed any crimes within 20 years of applying for an EB-5 investor visa. Obtain a police certificate on yourself and your derivatives, which includes all police records collected on you over the past 15 years, including a history of arrests and reasons for arrests. Examine your record with an immigration attorney to determine whether it renders you ineligible to participate in the EB-5 investor visa program.
  5. You must not have severe and costly medical problems, or you must be able to prove that there is someone in the US who will be responsible for your care, proving you will not need government assistance.

You are advised to ask Rai & Associates Attorney for help determining your EB-5 eligibility before beginning the investment process.

Requirements

  • The petitioner should invest or is in the process of actively investing capital of $1,000,000 in a new commercial enterprise. Investment of $500,000 is required if it is in a targeted employment area.
  • The petitioner should actively engage in policy formation or the day-to-day business affairs.
  • The investment must create full-time employment for at least ten U.S. citizens or immigrant workers (excluding the petitioner and his immediate relatives) within the two-year conditional LPR period.

EB-5 Rai Law | San Francisco, CA | Fremont, CA | Chandigarh, India | US Immigration Attorneys

Value Drivers

  • Global Mobility – Being a family of global citizens and having the ability to move, work and live freely between countries.
  • Career Opportunity – Enhance and advance work and career possibilities in the United States.
  • Business/Investment Opportunity in the United States – Starting your own business, make investments and acquire assets in the United States.
  • Higher Education Savings – Make substantial savings of more than 100,000 USD in your higher education in the United States.
  • Speed, Efficiency and Security – The EB-5 Program offers an accelerated and secure route to obtaining US residency for the individual and their family.

Benefits

  • U.S. businesses receive much needed capital at competitive rates.
  • The foreign investor receives an ownership interest in a U.S. business that will make a loan or investment that affords them an opportunity to qualify for an expedited U.S. green card.
  • The EB-5 program has already attracted billions of dollars into emerging and expanding American businesses, and allowing thousands to obtain Green Card Status in the US.

Direct Vs. Regional Centre EB-5

Every EB-5 Investor has to make a decision whether to apply for their EB-5 based “green card” through the Regional Centre or Direct program. In our experience many Indian investors confuse the concepts of risk and control when making this decision. While the Direct EB-5 Program allows an investor to invest in their own business a direct investment can be higher risk than an EB-5 Regional Centre based investment.

Direct EB-5

A direct EB-5 application allows an Indian investor to make an investment in his or her own business. With approximately 90% of all EB-5 investments being made through the Regional Centre program very few law firms have any experience with Indian Direct EB-5 applications.

Rai Law represents investors from across India start and invest in private businesses in the United States. Our firm has assisted Indian clients from every region of India open, expand and acquire businesses in multiple and varied industries across the United States.

Regional Centre EB-5

Making an EB-5 qualified investment through a Regional Centre can be a simple and effective route to U.S. Permanent Residency (a “Green Card”). Out of over 1,000 Regional Center Registrations there is a very small cadre of Regional Centers a solid history of success. Many of our clients ask us to introduce them to the very small list of Regional Centers which have:

  • Repaid all the investors in multiple projects;
  • Had thousands of I-526 approvals with no project-related denials;
  • More than a decade of “trouble free” history;
  • I-829 approvals extending across multiple projects with no project-related denials.

Testing Period

The green card for an investor is issued initially only for a period of two years. The investor will have to file a request with the USCIS when the two years are over to remove the conditional nature of his/her green card. The purpose of this is to allow the USCIS to determine whether or not the investment has met all the requirements. If any of the requirements have not been met, the investor will lose his/her green card and be subject to removal from the United States.

Tax Adjustment

Approval of your EB-5 investor visa will also result in EB-5 tax adjustment, the results of which may vary for every individual. As soon as EB-5 tax adjustment you receive your EB-5 investor visa, you become a conditional permanent US resident. You will undergo EB-5 tax adjustments and changes in the rates you are accustomed to paying. For this reason you are advised to hire an accountant to help you navigate the complications that may ensue as you combine new tax laws with those of your home country. When selecting an accountant to help you understand EB-5 tax adjustment, opt for an individual or firm with experience working with immigrant investors. Ideally, your accountant should have experience with investors from your home country who have relocated to the US.

Obtaining Proper Advice

Making an EB-5 investment is a complex matter involving the analysis of myriad laws and regulations. Unfortunately non-lawyers are not qualified to provide this advice and it is a criminal offense in the U.S. for them to attempt to do so. Similarly many lawyers lack the sophisticated lending law and project finance experience to properly advise clients on EB-5 applications. This can result in an unmitigated disaster in which clients loose all of their money. A properly qualified and experienced lawyer can guide you through and avoid many of these risks. To date no application filed by our firm has ever been denied and no client of our firm has ever not been repaid their investment in full.

How We Can Help Obtain Your EB-5 Visa

As part of our national policy of encouraging foreign investment in U.S. enterprises and workers, the government extends permanent work visas to qualifying foreign nationals who invest capital in U.S. enterprises or create U.S. jobs. However as is nearly always the case for obtaining any kind of permanent immigration visa, the applicant must meet strict requirements. Moreover, the issuance of EB-5 visas is subject to strict annual limits.

Our attorneys fully understand the intricacies of the EB-5 visa program and have helped numerous investors and entrepreneurs in India gain permanent legal residence in the United States.

With our experience, the process is step-by-step. We listen. We address your concerns. We help you gather the required information and documentation. And then we carefully prepare all letters and forms needed to obtain your EB-5 approval. We’ll communicate with you throughout the process, and with both the Department of Labor (DOL) and the United States Citizenship and Immigration Service (USCIS) while the application is being processed.

Our EB-5 visa attorneys experience benefits you in several key areas. We:

  • Clarify options and potential scenarios surrounding your case.
  • Assist you in collecting the proper information and documentation.
  • Correctly classify the application and ensure requirements are met.
  • Prepare and submit all USCIS and Department of Labor (DOL) forms and documentation.
  • Communicate with the DOL and USCIS throughout the process.
  • Monitor the entire EB-5 visa immigration application process.

EB-5 Visa Attorney Experience & Responsiveness that Makes a Difference. Our EB-5 Attorney Pledge:

  • 100% commitment to processing your EB-5 Visa quickly & successfully.
  • Strong EB-5 Visa attorney experience & knowledge.
  • Open EB-5 Attorney communication & responsiveness is among our top priority.
  • Highest level of EB-5 Visa Attorney service at an affordable FLAT rate.
  • To discuss your case call: (415)-693-9131 or Mail Us.
Something very important you may want to know

Frequently Asked Questions

  1. 1
    How long does the visa application process take?

    The approval of the application process for an EB-5 Visa normally varies and it depends on few circumstances. Normally, the entire process takes 9 months. It takes nearly two months to process the investment, government documents and completing the application work with the USCIS. Most of the application gets approved easily within six month of period or less. If the applicant is living in the United States while the application is in process, then he will be eligible to apply for the conditional green card without having to move outside the United States. This process takes six months or more. If the applicant is not based in the United States than they need to apply for an Immigrant Visa at their local Consulate or at the U.S. Embassy, this process may take six or more months for the approval. It normally depends on the country in which the applicant resides.

  2. 2
    What is the most common reason for rejection of an EB-5 visa application?

    The most common reason for rejection of the EB-5 visa application is the failure of the applicant to reveal that he/she had legally earned the invested money. The applicants need to prove that his entire investment must be lawfully gained through the legal business process, sales, investment or through inheritance. If there is any kind of hint regarding the illegal financial gain, soon the visa application will be denied. Thus if you want a permanent residency in United States through the EB-5 Visa Plan, make sure all your funding are earned legally.

  3. 3
    What is a ‘Conditional’ Green Card?

    To deter any kind of fraud, the EB-5 Visa applicant, their spouse and their children are given a conditional green card status for a two year of probation period. The applicant has to file a petition to remove the conditional green card status during the last 90 days of the 2 year term. After completing two year term, the USCIS will inspect the business investment and decide whether or not the investor has met the necessary requirement and will provide the permanent green card residency based on the proof.

  4. 4
    What issues have been problematic in EB-5 cases?

    The most common problem area has been insufficient documentation of the source of funds. Many people try to disclose the least possible information only to have the file returned with a request for further information. It is better to provide too much information rather than too little information. In this era of terror alerts, and suspicions about money laundering, USCIS case examiners require a well-documented source of funds.

  5. 5
    What is the rate of return on investment?

    EB-5 Program regulations and USCIS rulings require all EB-5 investments be “at risk.” As outlined in the Confidential Investment Memorandum, each investment is specific to its risk reward analysis and pro forma analysis. While Rail Law cannot guarantee a specific rate of return, we believe it can achieve results consistent with or exceed those of other Regional Centers.

  6. 6
    Can several investors combine or “pool” their investment capital through one limited partnership?

    The regulations specifically allow for pooling of funds by several investors to establish a limited partnership sufficient to qualify all participating investors. The only requirement is that each investor individually must qualify for the minimum at risk capital requirement and new job creation requirement.

  7. 7
    Can money gifted by a parent, other relative or business be used for an EB-5 investment?

    Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms length transaction and is a not a mere ruse or that the gifted funds will be given back after permanent resident status is granted.

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