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Modern Architecture

Visa EB-5 STEPS

Here is a list of the steps to obtain a Visa EB-5 with us. The process is straightforward and can be done quickly.

01 -

INITIAL FREE CONSULTATION
Phone Call / Zoom Call (30-45 Minutes)

02 -

CONTRACT SIGNING

03 -

REVIEW INTERESTS AND BACKGROUND OF THE CLIENTS

3B -

QUESTIONAIRE

04 -

PRESENTATION OF POSSIBILITIES AND POSSIBLE PATHS

05 -

CONFERENCE CALL WITH YOUR IMMIGRATION ATTORNEY OR ONE WE CAN RECOMMEND

06 -

PRESENTATION OF BUSINESS OPTIONS AND BUSINESS PARTNERS

07 -

INTRODUCTION TO OTHER PROFESSIONALS THAT WILL BE INVOLVED IN THE PROCESS
(If Needed)

08 -

DUE DILIGENCE

09 -

DECISION

10 -

PRECISE BUSINESS ANALYSIS OF CHOSEN FRANCHISE

11 -

VISA APPLICATION & INVESTMENT

12 -

ACCEPTANCE AND CONDITIONAL RESIDENCY FOR 2 YEARS

13 -

REMOVAL OF CONDITIONS AND PERMANENT RESIDENCY

requirements
BASIC EB-5 VISA PROGRAM

This involves a passive investment of at least $1,000,000

In order for an applicant to qualify under the Basic EB-5 Visa program, they must meet the following requirements:

  • Make an investment in a new commercial enterprise.

  • Make an investment of at least $1 million into that enterprise.

  • Lead to the creation of employment for at least 10 full-time U.S. workers.

Direct job creation only

The investment may consist of the contribution of various forms of capital, including cash, equipment, inventory, property, and other tangible equivalents. An investment amount of $1 million is generally the minimum.

EB-5 REGIONAL CENTER PILOT PROGRAM

This involves a passive investment of at least $500,000 made in a ‘Targeted Employment Area’ (TEA) within a Designated Regional Center.

The EB-5 policy management requirement is minimal in that the investor can be a limited partner and still qualify as long as the limited partners have a policy-making role. Thus, for those who are not interested in day-to-day management or running an active business, Regional Center programs offer a more acceptable inactive form of investment.

The investor is not required to live in the place of investment; rather, he or she can live wherever he/she wishes in the United States.

The EB-5 Regional Center program is ideal for the retiree or inactive investor due in large part to the “indirect employment” feature of this program. The Regional Center Program removes the employee requirement of the Regular program and replaces it with a less restrictive “indirect employment creation,” which allows the investor to qualify by proving a combination of 10 direct and/or indirect employees.

Modern Architecture

Visa EB-5
requirements

Here is a list of countries that are in a treaty with the United States. The list is from The Department of State of the United States

Investments
Modern Architecture

Visa EB-5 
ECONOMIC REQUIREMENTS

Here is a small description of the monetary requirements to obtain a visa EB-5

What's the Minimum Investment for an EB-5 Investor Visa?

The precise amount of the minimum required investment is in flux. In the past and for many years, it was between $500,000 and $1 million, with the lower amount applicable only when investing in "targeted economic areas" (normally rural or high-unemployment areas). Then on November 21, 2019, the minimum investment requirements were raised to between $900,000 and $1.8 million.

 

However, in June of 2021, a federal judge held that the raised amounts were not properly signed off upon, and therefore never came into effect. So the $500,000/$1 million limits will remain in effect until the Department of Homeland Security (DHS) re-promulgates the new rules, as many experts believe is likely, though the timing cannot be predicted.

 

If and when the new rules do take effect, the minimum amounts will be adjusted for inflation every five years. A further change that was part of the 2019 rules said that state governments would no longer be allowed to say where the "targeted economic areas" are, but this would instead by handled by the DHS.

source of funds

To combat money-laundering and address security concerns, USCIS thoroughly examines where an applicant’s money came from as well as the path of that money. For EB-5 investors, proving the lawful source and path of their investment capital is critical. They must, as per USCIS, provide documentation that meet’s the agency’s rigorous standards.

Where can EB-5 investment money come from?

An EB-5 applicant may have various potential sources of the money they invest. Salaried income may be one. Stocks, securities, and bank account deposits are other potentially lawful sources. For any and all sources, all investment funds must clearly show their original source.

Be strategic in choosing the source of funds & documentation

For investors and their immigration lawyers, choosing which funds to use and not use can be an important decision. Documentation must be complete and valid. If an applicant’s documents are not in English, they should ensure their documentation provides a translation.

Loans as a source of funds for EB-5 investment

Most often, a loan for an EB-5 investment comes from a financial institution. The collateral for the loan must be cited. Contrary to an earlier regulation, USCIS now only allows a loan as a source of funds if the investor is primarily liable for the loan. Also, the value of the collateral must be at least equal to the loan amount. An applicant can expect USCIS to make a request for evidence (RFE) if the value of the collateral is close to amount of the loan. Best practices advise that the loan amount is no more than 70% of the value of the collateral property.

Tax returns & other financial documentation

An applicant must have individual and corporate/partnership tax returns filed in any jurisdiction for the last five years. When an applicant’s preceding years’ tax returns indicate higher income, he or should should also submit tax returns for the three years with the highest income. Ideally, EB-5 tax planning should be conducted before filing, and with an expert.

Can gifts, inheritance, or divorce proceeds be a source of funds?

Sometimes a petitioner investing in an EB-5 project has received their investment capital by means of an inheritance. In such a case, the applicant must provide all documents related to that inheritance, including estate settlements of the deceased.

Gifts are another potentially valid source of funds. All documents related to that gift must be shared, including the registration of the gift money for tax purposes, and the source of income of the gift giver.

Money derived from divorce and other legal proceedings may be used. This includes alimony, and proceeds of civil lawsuits, along with official court judgments.

What happens when documentation is missing?

Sometimes an investor in pursuit of an EB-5 visa cannot obtain certain documents. In such cases, the applicant can file a declaration with a thorough explanation of why they cannot provide the missing documentation.

Though USCIS has, on occasion, accepted declarations of missing documents, this practice should be avoided wherever possible.

Visa EB-5 
SOURCE OF FUNDS

Here is a small description of the monetary requirements to obtain a visa EB-5

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