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- Over 7 years of immigration law expertise.
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- Dedicated to exceeding client expectations.
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A Definitive Guide to The EB-5 Visa
This guide aims to provide up-to-date information about the EB-5 Program’s origin, purpose, requirements, and benefits to immigrant investors and their families.
What is The EB-5 Visa?
The EB-5 Program provides qualified foreign investors with the opportunity to gain permanent residence (a “green card”) in return for investing $800,000 in projects located in Targeted Employment Areas that create at least ten permanent full-time jobs for U.S. workers.
The Benefits of EB-5 Visa
- Eligible EB-5 investors receive lawful permanent resident status in the U.S. along with their qualifying family members. They can live and work anywhere in the U.S. and travel in and out of U.S. without any restrictions.
- EB-5 applicants who reside in the U.S. with lawful status are permitted to adjust their visas to that of a lawful permanent resident (Form I-485) concurrently with the filing of their EB-5 petition (Form I-526E), which allows applicants to remain in the U.S. while their immigration applications are pending.
Who is Eligible to Invest in The EB-5 Program?
The EB-5 Program is suitable for everyone, as there are no age, language, education, or nationality restrictions. However, there are a few conditions that each investor and his/her family members must satisfy:
- EB-5 investors must satisfy the eligibility requirements of the EB-5 Program, including demonstrating the lawful source(s) of the funds that are used for the EB-5 investment.
- EB-5 investors need to be able to pass a consular screening interview and criminal background and medical checks.
What is a Regional Center?
A Regional Center is an entity designated by the USCIS to sponsor EB-5 projects for EB-5 investors pursuant to the EB-5 Program. Regional Center-based investments are “passive,” in that EB-5 investors retain certain voting rights and policymaking rights in the New Commercial Enterprise (NCE) but otherwise are not involved in day-to-day functions of the Regional Center or the EB-5 project.
Types Of EB-5 Deal Structures: Debt And Equity
The two most common deal structures for EB-5 offerings are debt and equity.
- Debt structure typically has stronger collateral, including liens on real estate and/or equity interests in the project entity, and a clearer timeline in terms of repayment.
- Equity structure typically has more upside potential but collateral is often more limited.
Investor’s Source Of Funds
The EB-5 Program requires that all capital invested by EB-5 investors is “obtained by lawful means.” This essential requirement means that capital obtained through any criminal or otherwise unlawful activity is strictly prohibited. EB-5 investors can only invest capital that comes from a legal source and its origin can be tracked and identified.
The USCIS requires a detailed overview of the capital investment funds and their source, and the documentation required may be extensive depending on each EB-5 investor’s particular circumstances. EB-5 investors should also be able to prove the source of funds used to cover any administrative fees associated with the investment project, as USCIS may require documentation for these expenses as well.
When is The Right Time to Apply For an EB-5 Visa?
EB-5 investors should begin their investment process as soon as possible due to the following reasons:
- I-526E Petition processing time keeps increasing
- Visa allocation – invest early to avoid any (potential) retrogression and backlogs
- Job and business opportunities
- Children may age out
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Ameri Haus Invest Enterprises will guide you through every step of the process
with a proven track record of success.
Eligibility Requirement
Financial Criteria
To qualified for investments into an EB-5 project, the potential investor needs to qualify for the following criteria:
- Net worth over $1 million, excluding primary residence (individually or with spouse or partner)
- Income over $200,000 (individually) or $300,000 (with spouse or partner) in each of the prior two years, and reasonably expects the same for the current year
Why Choose Us
Your Success is Our Priority
We understand that immigrating to the U.S. is a life-changing decision. We are here as your partner to guide you through every step of the way. From your initial consultation, to understanding your investments and navigating the complexities of the immigration process,
we’re by your side with client-focused service, and unwavering support. We recognize that your investments is about securing your family’s future and that is why we take a prudent approach to the EB-5 process. With over 35 years of experience, our team meticulously selects projects.
Our Services
Business Immigration
Business Immigration provides a fast route to permanent residency through substantial business investments, leading to a residency visa.
Residency by Investments
Residency by Investments offers a fast route to permanent residency through significant economic investments, leading to a residency visa.
Citizenship by Investments
Start your second passport journey with GCC. Obtain dual citizenship through investments, property purchases, or donations.
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