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 CentersNew EB-5 Investor Safeguards and Concurrent Filing
In March 2022, Congress enacted the EB-5 Reform and Integrity Act, which reauthorized and revamped the regional center program. The EB-5 program now contains numerous safeguards to protect investors. For example, EB-5 regional center projects are now required to either (i) retain a licensed third party fund administrator or (ii) submit to USCIS audit. This ensures investors that licensed third parties will be monitoring the proper usage of EB-5 investment funds
For the first time, qualified EB-5 investors lawfully admitted in the U.S. can remain in the U.S. while their EB-5 and residency applications are pending.
"Concurrent Filing" is the most beneficial change in the updated EB-5 laws. EB-5 investors admitted in the U.S. on non-immigrant visas may apply for U.S. residency (Form I-485) while their EB-5 petitions (Form I-526E) are pending.
This allows EB-5 investors living abroad to start their new lives in the U.S. far earlier than ever before.
Featured EB-5 Project
Fairmont Heritage Place - The Cedars
Hendersonville, North Carolina
$1,050,000 EB-5 Investment
This EB-5 project is one of the most attractive in the industry, with a flexible loan term and high rate of return. After six years, EB-5 investors are eligible for a full return of their EB-5 investment capital.
*If USCIS permits earlier EB-5 investor repayment, the loan term will be reduced to 3 years
Secured Investment. Take Comfort in the Safety of Fairmont
The project has secured a senior revolving construction loan from Fuse Funding with a maximum balance of $32 million.
The EB-5 loan is secured by a second recorded security interest on the property, behind only the revolving loan.
Hendersonvile, North Carolina
This project is intentionally not located in an area of high unemployment. Rather, Henderson County has only a 3.2% unemployment rate. North Carolina boasts the 3rd highest population growth in the U.S. after Texas and Florida.
Alternatively, Why Direct EB-5 May Be Right For You
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.
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.
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.
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