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.
The EB-5 Process for Investors
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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.
NEWS
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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Are there particular conditions to obtain a Green Card?The candidate needs to be an accredited investor with the requisite net worth and capital in compliance with USCIS regulations. An accredited investor has a net worth or joint net worth, jointly with his/her spouse, in excess of $1,000,000, disregarding possessions such as homes, furnishings, and automobiles. By preference, an accredited investor has a yearly adjusted gross income in excess of $200,000 through the last two full calendar years (or joint income with his/her spouse in excess of $300,000) and realistically anticipates to have annual income in excess of $200,000 (or joint income with his/her spouse in excess of $300,000) during the current calendar year. Furthermore, the investor must prove that his/her assets were legally obtained through a genuine business, salary/compensation, certified investment, property sale, gift, inheritance, loan or other legal incomes.
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Are there other basic conditions?The applicant also needs the proper vaccinations and no identified communicable diseases. Additionally, the applicant can apply for an EB-5 Visa if they have been previously denied or terminated by USCIS for other visas except if the denial was based on immigration fraud or other legal problems. The applicant is not required to speak English or to have a sponsor.
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What material and information are mandatory for the I-526 Petition?The applicant must present passports, employment and business documents, family and police certificates, court/prison records (in case there are any), military records, photographs, financial statements, and all mandatory documents to prove that the funds came from a lawful source such as bank statements, stock certificates, loan or mortgage recordings.
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How does an approved applicant preserve their Green Card?Two essential conditions are necessary to preserve the Green Card. The first is that the applicant not become removable or inadmissible; for instance, being imprisoned of a serious crime. The second condition is that the applicant not depart the US as his/her permanent residence. Normally, the USCIS interprets an absence of more than a year potential abandonment of a U.S. residency.
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What is a Conditional Green Card?A Conditional Green Card is a temporary Green Card that stays in force for two years. When USCIS approves the foreign investor’s I-526 Petition, the investor, his/her spouse and any unmarried children under the age of 21 can likewise obtain conditional Green Cards. After one year and 9 months, the investor has a three-month time frame to file the I-829 application. This application confirms that all mandatory funds have been invested and the 10 jobs needed were created either directly or indirectly.
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If an EB-5 investor files their I-526 from outside of the United States, what documents will the investor need to enter the U.S.?Upon the approval of the investor's I-526, investors must file a Form DS-260 at their home country’s U.S. consulate. Upon approval of the visa application, the investor will be issued the only document needed to enter the United States: a visa page in his/her passport. If an investor files an I-526 inside of the United States, then through concurrent filing they could also file an I-485 so that they may remain in the United States while their application is pending.
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How does an EB-5 investor prove source of funds?An investor can prove their source of funds through ownership agreements, deeds, tax-returns, or any other supplemental documentation. Depending on the source of funds, an investor will provide legitimate proof through appropriate documentation by USCIS standards.
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12810 Maple Road Miami FL 33181
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