USA Residence by Investment EB-5 Program

USA Residence by Investment
EB-5 Program

USA is the beacon of entrepreneurship and democracy. Its long and steady accumulation of power and influence eventually culminated to the point, where amongst the great theatre of nations, it became the strongest and most powerful nation on earth and thus the hegemon of the democratic world. Investors continue to flock to the United States because it maintains its financial market as the safest place to invest. It is the world’s fourth most populous country and the most developed in terms of the economy, politics, technology, military, sports, film, automobiles, and many other sectors. You should look at starting up your business in the US.
about

Investment Residency in
the United States

The United States of America continues to be one of the most popular places for international migrants and investors. It is a free market economy with unhindered exchange control. The US has visa categories for investors who want to reside and work in the country after investing in a US company. These visa types can be classified into two categories: There are two types of visas: immigrant and non-immigrant.

The EB-5 and E2 visas are the two most common investment-based visas. The E2 visa is a non-immigrant visa, while the EB-5 visa is for immigrants. You may be given permanent resident status (a “green card”) in the United States under the EB-5 Immigrant Investor Program.

  • In May 2016 FORTUNE stated that the US EB-5 Program could be the quickest way to get a Green Card.
  • And in January 2017, FORBES stated that the EB-5 Program has become the most popular residency program in the world.
  • The EB-5 Investor Visa Program is the fastest, simplest and most reliable way for permanent residency in the US.
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What is the EB-5 Investor Visa
Program all about?

It is said that the EB-5 Investment Program is the World’s best immigration program. The EB-5 Investor Visa Program provides an opportunity for qualified immigrant investors and their immediate families (Children up to age 21) to obtain US Green Cards and permanent residency through a one-time investment of US 800,000 into a business that creates a minimum of 10 or more American jobs.
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CREDENTIALS

The EB-5 Visa Investor Program is administered by the United States Citizenship and Immigration Services (USCIS) which approves and designates Regional Centers such as the Kolter Group to attract foreign investment into the US.
The program was created in 1990 and since its creation, thousands of immigrants have received permanent US Residency and Citizenship, thereby creating tens of thousands of American jobs at no cost to the US taxpayer.

HOW CAN I NOW INVEST TO
GAIN US RESIDENCY?

There are two ways investors can apply for an EB-5 Visa – Eitherthrough Direct Investment or through the Regional Center Program.

USA Residence by Investment Requirements

A foreign investor must engage in a new commercial venture that is either a direct investment or an investment in a Government-Approved Regional Center for boosting economic growth under the US EB-5 Immigrant Investor Program.
An applicant must accomplish one of the following:

Make an investment in one of the following options:

  • A total of USD1,050,000 in a Regional Center Project in a Non-Targeted Employment Area [NTEA].
  • A total of USD 800,000 invested in a Regional Center Project in a Targeted Employment Area [TEA]which is primarily located in a rural or high-unemployment area.

Create or maintain 10 full-time permanent jobs for competent Americans:

  • The money must be invested until permanent resident status is provided to the successful candidates after they get a green card (roughly five years).
  • Conditional Green Cards will be issued to approve applicants for a two-year term.
  • After demonstrating to US immigration authorities that the jobs were generated or sustained, the conditions on the green card are removed at the conclusion of the two years.
  • Individual applicants must have a net worth of at least USD 1 million and be able to demonstrate that their funds have been legally obtained. They must intend to stay in the United States long enough to keep their green cards.

US Regional Center
Program

Individuals who apply through the Regional Center Program are guaranteed a specific number of visas. In the United States, there are several “Regional Centres,” each with its own industry and geographic specialty. The Regional Center Program simplifies the EB-5 process for investors. The preferred path taken by individual is to invest $800,000 in a Regional Centre, whose project is in a Targeted Employment Area [TEA] plus specific fees, and keep the money there for a set period of time (usually three to five years).
The investor isn’t required to start a new company or hire anyone. The Regional Centers’ goal is to give individuals a good return on their money. The applicant is granted conditional permanent residence for two years in exchange for the investment, which can be converted to full permanent residence. Furthermore, regional centers assist with the day-to-day management of the investment, allowing the applicant to live and work anywhere in the United States.
There are no age, language, or previous business experience prerequisites to qualify. Applicants must, however, have a net worth of at least USD 1 million and give documentation that their funds are obtained legally. If they want to petition for citizenship in the United States, they must also stay in the country for at least 180 days each year until they receive unconditional green card status.
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CHOOSING A PROJECT TO INVEST
IN FOR YOUR US GREEN CARD

Millions on top of Millions of people want to live, work and invest in the US.The EB-5 is one of the gateways to the US but individuals most times, are uncertain as to which one of the two routes to select. Here are the pros and cons of each.

Direct – VS – Regional Centre Eb5 Investments

With a Direct EB-5 investment, the participants invests in a project they create and must provide proof that the new commercial entity has created a minimum of 10 full-time jobs.
Starting a new business in the US is quite simple but there are some steps you must follow to ensure a smooth running journey. First is the formation of the business. The two most important corporate structure in the US are limited liability Company(LLC) and C, Corporations. The type of structure you choose will impact the way you do business and the way you’ll pay taxes in the US.
The Regional Center Program on the other hand wascreated to allow companies like the Kolter Group and others to bring together multiple investors to fund largerprojects. This means the investor doesn’t have todirectly manage the investment. The Regional Centre can also include employees hired by sub-contractors (for example construction workers and hotel staff) in the job creation plan. About 95% of EB-5 applicants choose the Regional Center route as it is much easier and commercially less burdensome to them.
You want a US Green Card? Then Consult our WhinChester US Citizenship Specialist today. It is entirely free.
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USA Residence by Investment
 EB-5 Program

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US EB-5 RESPONSIBITIES

What is your responsibility as an Intended EB-5 Applicant?

EB-5 INVESTOR RESPONSIBILITY

1)   MINIMUM CAPITAL REQUIREMENT

$800,000 upfront investment in a new commercial enterprise.

2)   BACKGROUND CHECK

The background check includes investigation to ascertain the investor, (and if applicable) their spouse and any unmarried children under 21 is not a convicted criminal, has no history of financial fraud and has not previously violated US Immigration Laws.

3)   LEGALLY SOURCED INVESTMENT

Investors must clearly document that the required funds (US800,000 plus US50,000 Administration Fee) are from a lawful and verifiable source which includes:

  • Gifts from family Members
  • Accumulation of Income/Savings,
  • Earnings and Dividends from business.
  • Capital gain or Profits made from sale of real property or other assets.
  • Loans proceeds properly collaterized.
  

What is your Agent’s Responsibility? |

WHINCHESTER’S DUTIES AND RESPONSIBILITIES.

1)   OBTAIN USCIS APPROVAL BASED ON EB-5 COMPLIANT PROJECT DOCUMENTATION

Both I-526 and I-526E Forms at the Application Stage must be submitted in accordance with the new programme requirement as at July12, 2022.  WhinChester must present project documentation including PPMbusiness plan and econometric report which must be approved by the USCIS as EB-5 compliant.

2)   PROJECT MUST EXCEED US JOBS REQUIREMENTS FOR ITS INVESTORS

I-829 Application Stage.  WhinChester must present proof that at least ten full time American jobs were created for each of the projects EB-5 Investors.

Procedure and Timeframe |

Applications for the program must be submitted using the approved forms, along with the required fees and supporting documentation. Derivative applicants which includes investors’ wives and unmarried children under 21 years of age are not obliged to make further financial contributions but must submit their documents.

 

Supporting documents include medical reports, immunization records, and certified police and court records of any criminal charges, arrests, or convictions together with the required documents. These requirements are mandatory.

 

Applicants acquire their conditional green card in 20 to 24 months on average. Two years later, the conditional green card is converted to a regular green card. Permanent residents can live anywhere in the United States, but their visa-free or visa-on-arrival destinations will automatically increase over and above that which they previously enjoyed with their home country citizenship; all as a result of their attainment of new US residency status.

 

Green Card Holders must have lived in the United States for at least five years before applying for citizenship. They must also establish that they have lived in the United States for at least 30 months out of the previous five years and that they understand the country’s language.

 

Once you are interested in the US EB-5 Investment Visa Program for getting your US Green Card, followed by US Citizenship and Passport under the EB-5 Program, then: 

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Frequently Asked Questions FAQs

There are three main ways to become a citizen of the world’s most powerful country: birth in the United States or its territories (jus soli), birth outside the United States to American parents, and naturalization. Naturalization is available to individuals who have had a non-conditional green card for at least five years. It is also possible to obtain US citizenship and a passport after five years of lawful residency from the date of receipt of the conditional green card, once the conditional factors
There are two ways investors can apply for an EB-5 Visa: Either through Direct Investment or through the Regional Center Program.
Your background don’t matter, all our clients have common and fundamental belief that the US remains one of the most exciting jurisdiction in which to invest. Without a doubt and with good reasons, they rightly view the US as a gateway to a better future for their families and business expansion and growth through the EB-5 Investor Visa Program. In considering your application, the US authorities pay no concern to your background unless you are of criminal conviction; their main concern is satisfaction of the requirement for EB5 eligibility.
Our clients not only see US residency as a modern developed environment in which to live but also the opportunity to realize superior financial returns for their businesses by gaining access to the US market or through alternatives that we at WhinChester have strong connection with and are able to connect you to.
The COMPETES Act includes the Let Immigrants Kickstart Employment (LIKE) Act which is the forerunner to the new visa category, W, for foreign entrepreneurs. The W visa allows immigrant entrepreneurs to stay in the U.S. for an initial period of three years; if certain benchmarks such as 5% ownership stake, creation of at least five jobs, 20% annual revenue growth, annual revenue of $500,000 etc. in the startup company are met, then the visa is renewed and, eventually, it paves the way for permanent residency for the immigrant entrepreneurs and their families. There are also visa subcategories such as the W-1 for immigrant startup owners, W-2 for essential employees and W-3 for relatives of the main visa sponsors.
The COMPETES Act also allows highly qualified immigrants with PhDs in STEM fields to get permanent residencies in the US without first clearing the hurdle of applying for the green cards, which currently faces massive backlogs. While the measure would mainly benefit global talent with PhDs in the traditional science, technology, engineering, and mathematics fields, it is also expected to benefit foreign doctors who did their residencies and fellowships in America since the definition of what constitutes the STEM field has been broadened in the House Bill.
There is a New Form released by USCIS as part of the EB-5 Regional Centre Investor Initial Green Card Application Forms.USCIS is revising Form I-526, Immigrant Petition by Alien Entrepreneur to introduce Form I-526E, Immigrant Petition by Regional Center Investor. The EB-5 Reform and Integrity Act of 2022, which introduced significant modifications to both the filing and qualifying requirements for investors under the EB-5 programme, is being taken into account by USCIS in the revision of Form I-526. Form I-526 was the previous individual EB-5 investor petition for both Regional Centre and Direct EB-5 Investors; this has been replaced by this new form.

Immigrant investors who wish to combine their investment with that of one or more additional investors who are applying for EB-5 status through the new regional center programmed are required to complete Form I-526E.

 

The option to include evidence by reference from a Regional Centre’s Form I-956F is one of the new features of the new regional center programmed that have been reflected in the introduction of this form.

 

Forms I-526 and I-526E must be submitted in accordance with the new programmed requirements from July 12, 2022 onwards, for which the filing cost is $3,675 per form.

It can be used provided that any applicable gift taxes are paid and the EB-5 investor can prove that the donor’s funds were lawfully sourced.

At the time of return of capital the investor may choose to repatriate to a non-US account or keep it in the US in a valid US account in investor’s name.

The 1-924 is a form used to seek approval for designation of a regional center and for preliminary approval of a business plan.

As investor you must apply to the US for EB-5 Visa Qualification through the submission of a number of required elements.

The US allows dual citizenship.

 

Out-of-Status Nationals are No longer permitted to apply for permanent residency from within the United States?

It is not mandatory but strongly recommended that the Investor hires the services of a competent translator to ensure that he fully understand the process.

EB-5 Investors capital remains at risk for the duration of the conditional residency period. 

Federal Government closely scrutinizes the Investor’s capital USCIS case.Examiners require a well-documented source of funds.

The US citizen and Immigration Service Office (USCIS) is the US Government agency that processes all immigration documents.

 

The Investor, spouse and any unmarried children (even if adopted) under the age of 21 at the time of the I-526 Petition approval may receive a Green Card.

Yes

The investor, spouse and any unmarried children (even if adopted) under the age of 21 at the time of the 1-526 Petition approval may receive a Green Card.

Each investment has specific risk factors that are specifically described and addressed in the offering materials for each limited partnership.  Risk factors differ for each limited liability partnership but may include economic conditions, failure to meet job requirements and desired immigration status under the USCIS Immigrant Investor Program.

Your parents/relatives/friends can gift you the $800,000. What is crucial in these circumstances is your ability to establish legitimacy of the source of funds.  The 1-526 Petition has to present that the funds were lawfully earned.

The US Immigration Rules in effect as of August 2022, requires that the Investment must be no less than $1.05 Million or $800,000. This minimum requirement will depend on the area in which the US business receiving the investment is located (“TEA”).

Direct EB-5 Is the process of investing into the Investor’s own Business or Company, among other requirements the Investor will need to at least invest the minimum investment amount ($1.05M or $800,000).

The Government approved limit is 10,000 per year.

The vast majority of all EB-5 applications are made through qualifying Regional Center (90% of them).  A smaller number (10%) are investments into a closely held or “Direct” business.  NO restriction in the types of business eligible for EB-5 purposes but the business must have the potential to create a minimum of 10 permanent jobs.

After you have been a permanent resident, a Green Card holder for five years, you will be eligible to apply for Naturalization.

WhinChester Corporate & Immigration Services PowerHouse is a leading immigration, corporate and international business services provider for many years.We have the experienced manpower to handle your application from the beginning to the end.  We have successfully completed many EB-5 applications for our clients.  We are very knowledgeable with the processes and the law.  You can depend on us!

To find out whether you are qualify and eligible for US Green Card under EB-5 Program consult our WhinChester EB-5 Advisors for a free consultation.
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