About the EB-5 Visa and Green Card

1. Who should immigrate using EB-5?
2. What is a "conditional" Green Card?
3. What documents must I prepare to process my investor Green Card petition?
4. Must I live in the United States?
5. Must I stay in the United States?
6. What are Green card benefits?
7. How long does USCIS take to process my visa petition?
8. What are the processing procedures?
9. Where can I find the law on EB-5 Green Card?
10. Who may be interested in obtaining the EB-5 visa?

About Bay Area Regional Center and Investments

1. Is EB-5 a passive investment?
2. How are the investments commonly structured?
3. What are the risks to the immigrant investor?
4. What types of investment funds are eligible?
5. What kind of return can I expect from the investment?
6. If I don't qualify, will Bay Area Regional Center refund my full investment?

 

 

 

 

 

 

About the EB-5 Visa and Green Card

 

Who should immigrate using EB-5?

EB-5 investors include people from all walks of life: professionals, business people, parents wanting to facilitate a child's education, and retirees. EB-5 investors may continue to work or operate businesses in their native countries; however, since the EB-5 visa permits employment in the US, many EB-5 investors become involved in American businesses. EB-5 investors are not required to work, therefore, investors can choose to travel throughout the United States without restriction or maintain dual residences in America and their native home. Simply put, of any employment-based visa, the EB-5 visa gives the investor the greatest flexibility to do what they want in the USA.

 

What is a "conditional" Green Card?

A conditional green card is a temporary green card valid for two years. One year and nine months after it is issued, a three-month window opens up during which an individual must file another application with the USCIS to verify that all of the funds have been invested and employment created. When the conditional resident status has been lifted, permanent resident status is granted with the option to pursue U.S. Citizenship.

 

What documents must I prepare to process my investor Green Card petition?

With the help of an attorney, you must prepare complete biographical information and must prove the source of the investment funds. To prove the source of investment funds, USCIS requires personal and business, if any, tax returns, proof of ownership in any businesses and business licenses. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred, by providing an official document, such as a closing statement or contract or other official documents. Other documents may be required and vary on a case-by-case basis.

 

Must I live in the United States?

The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter into the United States within 180 days of visa issuance. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver's license or social security number, paying state and federal income taxes, renting or buying a home. Generally, all permanent residents must remain in the US for more than 6 months each year, unless they obtain a reentry permit, or they may be deemed to have abandoned their permanent residence status. A green card holder is entitled to live and/or be employed permanently in the United States with entitlement to all the protections of its laws.

 

Must I stay in the United States?

A green card holder may travel outside the United States, provided they do not remain outside the United States for more than one year without obtaining a reentry permit or returning resident visa. You may be found to have abandoned your permanent resident status if you:

1. Move to another country intending to live there permanently.
2. Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
3. Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
4. Fail to file income tax returns while living outside of the US for any period.

A green card holder can travel freely to and from the United States. A passport from the country of citizenship is normally all that is needed. To reenter the US a Permanent Resident normally needs to present the green card for readmission. The law provides that you are free to travel abroad, provided that your trip is "temporary." Generally, the USCIS views any absence from the United States for longer than six months as not temporary. Thus, it is advisable to obtain a "re-entry permit" before your departure.

 

What are Green card benefits?

Business

• More job opportunities, as a green card allows working in any company located in the USA (except for some companies that only hire U.S. citizens) and getting access to a security clearance that only U.S. citizens and green card holders can obtain.
• Permission to start own business and create own corporation.
• In some states a person can obtain professional license (such as real estate agent, insurance agent, etc) only if he / she has a green card or US citizenship.

Travel

• The ability to live and travel anywhere within the US, as well as the ability to leave and enter the country without the risk of being denied at the port of entry. A green card holder does not need to complete an I-94 form and does not need to worry about expiration of his authorized stay.

Legal

• Access to all legal rights under US law, except for the right to vote, which is available only for US citizens.

Family Immigration

• Permission to sponsor spouse and unmarried children (under 21) to obtain permanent status. In the event a primary green card holder passes away or loses his / her job, family green cards will be retained.

Education

• Green card holders pay "in-state" (or "resident") tuition, which is usually 3-4 times lower than what foreigners (non-residents) pay. Green card holders can also apply for a government-sponsored financial aid for education.

Home Ownership

• In some cases it may be easier to get a mortgage for home purchase. Non-holders of a green card can be charged higher rates for mortgages.

Retirement Benefits

• Green card holders get Social Security benefits when they retire, if they worked for 10 years before retiring.

Citizenship

• Green card holders are eligible to apply for US citizenship in only 5 years. After 5 years a person can keep his green card forever, in case he / she don’t want to have US citizenship.

 

How long does USCIS take to process my visa petition?

Processing times vary from as little as a few weeks to as much as six months.  After an application has been processed and approved by USCIS, a green card is generally issued within one year of the date that the application was first submitted.

 

What are the processing procedures?

For detailed information, click here.

 

Where can I find the law on EB-5 Green Card?

Under section 203(b)(5) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. The complete text of the Immigration and Nationality Act can be located at the United State Citizenship and Immigration Services (formerly INS) website: www.USCIS.gov.

 

Who may be interested in obtaining the EB-5 visa?

1.Family immigration to the USA.

The EB-5 investor green card provides dramatic benefits to those families (spouses and children under 21) who wish to settle permanently in the USA, as compared to other visas. Children of families who immigrate under the EB-5 visa have access to all public elementary and secondary schools without paying tuition. Children can also attend any colleges and universities in the United States, and they will pay a "residential" tuition, which is considerably lower than what foreign students pay. After children turn 21, they still can hold their green card and remain in the USA.

In addition, the EB-5 visa enables students to work during their course of study. And they may remain in America permanently after graduation to develop their career and life as permanent residents.

2.Investors holding E2 or L1 visas.

Both L1 and E2 visas are nonimmigrant, so the holders can remain in the USA while qualifying their conditions – usually running a business. These visas don't give resident status to their holders, are issued for a limited period of time and have to be renewed regularly. If an E2 or L1 visa holder cannot maintain his business in the USA, or wants to retire or sell the business, he and his family have to leave the USA and return to their homeland.

As such, both E2 and L1 visas are not a good option for those who would like to live permanently in the United States. The benefit of the EB-5 visa is the visa holder does not need to run his business on day-to-day basis and obtains a permanent residency for him and his family.

3.Individuals holding H1-B Visa.

The H-1B visa is a nonimmigrant visa and allows its holders to stay in the USA for a limited period of time. After this a holder and his family need to renew the visa or have to leave the country.

Transfer from the H-1B to EB-5 visa takes only few months and, as a result, the EB-5 visa holder and his family obtain permanent residency. The EB-5 visa holder also has permission to work in any company located in the US territory regardless of job function, hours/week, etc. No employer sponsorship is required.

4.Students in the USA (F1 or M1 Visa).

Many students from different countries choose to study in the universities of America, and many want to stay and pursue their career after they graduate. It's difficult if they hold the F1 or M1 visa. But it becomes an option if they are EB-5 visa holders and, thus, have permanent residency status.

The EB-5 visa enables students to work during their course of study. They may remain in America permanently after graduation to develop their career and life as permanent residents.

5.Retirement in the USA.

Many families who want to retire in the USA face problems arranging it. Since there is no retirement visa in the USA, many people apply for the E2 or L1 visa, buy or create business in the USA, then operate them so their retirement has to be postponed. Since these visas are issued for a fixed period of time, they also need to renew them on a regular basis.

An EB-5 visa gives holders an opportunity to obtain a permanent residency so that they can live and retire in the USA without the need to operate a business on a day-to-day basis or renew their visa status.

 

 

 

 

About Bay Area Regional Center and Investments

 

Is EB-5 a passive investment? 

Unlike traditional work-related green cards, the EB-5 investor does not have to be involved in the day-to-day operation of the new commercial enterprise. Simply, the EB-5 regulations require involvement in management or policy making. The most commonly used business structure is to make the EB-5 investor a limited partner in a limited partnership. Limited partnerships enjoy an extremely high rate of acceptance by the USCIS as an approved vehicle for investing through the EB-5 program and grant EB-5 investors well-defined rights into the major decisions of a business. This is why Bay Area Regional Center uses limited partnership for its clients.  

How are the investments commonly structured?

An investor purchases an interest in the limited partnership. The limited partnership is the business entity responsible for creating and operating the new commercial enterprise used to satisfy the requirements of EB-5. The prospectus for each project will describe the valuation methodology.

 

What are the risks to the immigrant investor?

As with any investment there is a risk of total loss. Bay Area Regional Center selectively chooses EB-5 compliant business ventures that present the greater opportunity for long-term success. Bay Area Regional Center urges all investors to independently verify information contained in our investment documentation.

 

What types of investment funds are eligible?

Funds for the investment must come from a lawful source. Lawful sources of funds include: earned personal income, profits from the sales of a property, stocks or bonds, profits from business, a loan secured by personal assets of the immigrant investor, business transactions, gifts, and inheritances. To prove the source of investment funds, USCIS requires tax returns, bank records, proof of ownership in any businesses, financial statements for each business and business licenses. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred by providing an official document, such as a closing statement or contract or other official documents.

 

What kind of return can I expect from the investment? 

The level of return an investor can expect depends on the business opportunity into which they invest. Therefore, the expected returns are presented on a case-by-case basis. Most importantly, the receipt of an EB-5 Green Card does not depend on the return on investment; only that the investment creates the number of direct and indirect jobs in the required time frame.

 

If I don't qualify, will Bay Area Regional Center refund my full investment?

If the I-526 petition, including adjustment of status or consular interview processing, is denied (except a denial based on your failure to disclose a material fact, omission of a material fact or your fraud), Bay Area Regional Center shall refund the capital investment within ninety days of the applicant's written request.