WHAT IS THE EB-5 INVESTOR VISA PROGRAM?
The EB-5 Immigrant Investor Visa is a U.S. government program that encourages new investment in job-creating businesses. By making an eligible EB-5 investment that creates at least 10 new U.S. jobs, the foreign investor and his or her immediate family are eligible to receive permanent U.S. residency and immigrate to the U.S.
Regional CentersCurrent Status
In March 2022, Congress enacted the Reform and Integrity Act, which reauthorized and revamped the system governing regional centers — entities that pool investments from foreign visa applicants to promote job growth in the United States. The United States Citizenship and Immigration Services (USCIS) interpreted the Act as unequivocally deauthorizing the 600-plus previously authorized regional centers. The agency thus announced that the existing regional centers were deauthorized.
A lawsuit was filed challenging USCIS' interpretation of the Reform and Integrity Act. On June 26th, a federal court judge in the Northern District of California issued a temporary injunction vs. USCIS. Consequently, Regional Centers are for now back in business and currently permitted to operate business as usual.
The injunction, however, is only temporary. This means that it is not a permanent decision. We will continue to offer our direct projects which afford certainty and stability as the direct program is permanent. Due to the lawsuit's pending nature we cannot guarantee how long regional center opportunities will last.
KEY BENEFITS FOR THE INVESTOR
Work or start a business anywhere in the U.S.; change location as often as you like
Higher Admission Rates at Top Schools
Increase the odds of children’s admission to top colleges and graduate school
Medicare Health Insurance Benefits
Receive health insurance benefits if you are at least 65 years old and have held your green card for at least 5 years
Live anywhere in the U.S.; change location as often as you like
Lower Tuition Costs
Pay significantly less for children’s tuition for college and graduate school
Gain access to the most technologically advanced health care services only available in the U.S.
Permanent Resident Status
Renew your green card every 10 years, indefinitely
Safeguard Hard-earned Investment Funds
Protect funds with a passive investment and a successful immigration process
Social Security Financial Benefits
Receive retirement benefits in the form of supplemental income after contributing to the Social Security program
Leave and enter the U.S. freely; no visa required
Backup Plan for Instability
Secure a safe haven during political instability or economic volatility at home
U.S. Citizenship Through Naturalization
Optional path to become a U.S. citizen after 5 years
Why Direct EB-5
Direct Means Permanent
First Repayment Position
The EB-5 Regional Center program is temporary and subject to re authorization by Congress. It has historically been a punching bag for anti-immigrant politicians. The latest lapse of the regional center program from June 30, 2021 until March 15, 2022 left investors stranded, projects stalled and families waiting far longer than expected for their capital to be returned and their permanent green cards to be issued. EB-5 direct is built into the Immigration and Nationality Act and therefore not subject to re-authorization or change--which ultimately means investor safety and program continuity.
One of the primary purposes of EB-5 was to create real jobs for American citizens which would in turn stimulate the United States economy. EB-5 direct has a minimum requirement of creating ten new full-time jobs per investor. The EB-5 Regional Center program conversely counts jobs using an economic formula which calculates indirect jobs via revenue and/or expenditures. These economic formulas are subject to interpretation by USCIS officials. With EB-5 direct projects, job creation is simple and transparent to USCIS.
Most Regional Center projects put EB-5 investors in a subordinate position to other investors. Typically this is because Regional Center projects are financed through bank loans which require the project to pledge collateral in the event they default on the loan. Investors are therefore left without security. In most direct EB-5 projects the investors are in a priority position and the first to be repaid. Direct projects currently cannot be comprised of pooled investor capital and therefore the projects are usually of a smaller scale. This makes it far more likely for the EB-5 investor to be paid back first because the initial capital contribution represents a greater portion of the raise than in regional center projects.
The EB-5 Process for Investors
Once an investor selects an EB-5 project, they would deposit the appropriate amount of capital into an escrow account or directly into the project. The investor must then submit an I-526; the form to petition by immigrant investor. The I-526 has two parts: showing how the investor acquired the capital used in his/her EB-5 investment, and explaining the project to USCIS, the overseeing agency that controls EB-5 policy.
After the I-526 is approved (which can take between one-and-a-half to two-and-a-half years), the investor would then file an I-485; the application to register permanent resident or adjust status. Once the I-485 is approved, conditional permanent residency will be granted to the investor for two years. If the investor has filed an I-526 from outside the U.S. and remains abroad, the investor applies for an immigrant visa at the U.S. consulate abroad upon approval of the I-526.
Alternatively, if the petitioner is currently in the United States when they decide to enroll in the EB-5 program, and wish to remain in the United States through their I-526 application process, they can now do so through concurrent filing. Concurrent filing allows prospective investors to file their I-485 at the same time as the I-526. While this does not grant the petitioner their green card earlier than they would receive it otherwise, it grants them the ability to remain in the United States throughout the process instead of waiting until their I-526 has been approved.
Within the last 90 days of the second year of the conditional residency to the United States, an I-829 form is filed to remove the temporary conditions of the permanent resident status. The I-829 shows that the jobs were created and confirms the capital remained invested in the business the whole time. Once the I-829 is approved, the conditions of the permanent resident are removed, and the investor becomes a permanent resident.
Once the I-829 is filed, the investor's EB-5 capital contribution can be returned. If an investor has a preferred return, the appropriate amount will be distributed each year until repayment of the full capital contribution. The process in its entirety takes about six years.
EB-5 Investment Opportunities
Updated as of July 2022
Petition for US Residency Immediately
EB-5 Investors can take advantage of "Concurrent Filing" and move to the U.S. quicker than ever before!
"Concurrent Filing" is the most beneficial change in the updated EB-5 laws. For the first time, EB-5 investors present in the U.S. on non-immigrant visas may apply for adjustment of status (form I-485) at the same time as they apply to become an investor (form I-526). Previously, investors needed to wait until their I-526's were approved--sometimes up to two years before they can live in the U.S. as a conditional resident. Now an investor present in the U.S. can immediately file and remain in the U.S. while their conditional residency is pending. While present, investors are also entitled to receive a work and travel permit.
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12810 Maple Road Miami FL 33181
All EB-5 investments must be “at risk” per USCIS requirements. Risk of loss exists. Any protections and guaranties negotiated at fund level are not exercisable by individual investors themselves but are administered by fund management only. No guarantees exist regarding individual investors’ ability to be repaid.
This does not represent an offer or solicitation to buy or sell any securities. investments are available only to qualified accredited investors via the confidential offering memorandum.** Any content of this website is for general information only and is subject to change without advanced notice.
This is not an offer to sell securities in any way and is only educational. Only a formal, privately distributed offering memorandum and appropriate securities documents, fully executed by an accredited investor, will represent any offer or subsequent sale of investment.
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The projections that are included in this website are those opinions of EB5 Restaurants about future operations. Therefore, these projections are subject to uncertainties and changes, many of which are beyond the control of the EB5 Restaurants, which may cause the relevant actual results to be materially different from the results expressed or implied by such projections.
No assurance or representation is made by any person that any forecast or projection will be achieved. Therefore, nothing contained herein should be relied upon as a promise, forecast, guaranty, or a representation regarding the future.
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