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EB-5 Investment

EB-5 Visa – The USA Investment Visa

The EB-5 immigrant investor visa attracts foreign capital into the US and creates jobs for American workers.

EB-5 Investor Advantages

  • It allows a person and his or her immediate family to obtain a Green Card (live permanently in the US) by investing in an enterprise that creates jobs for qualifying US workers. The minimum amount of money to invest is $500,000 if you invest in a rural or high unemployment area.
  • For foreign investors seeking the freedom and flexibility to live and work in the US, the EB-5 Visa Program provides an excellent opportunity to obtain Green Cards.
  • The EB-5 investment visa route to a Green Card avoids the usual requirement of having family connections, securing a job, or running an actively traded business – making it a viable route to retirement.

Advantages of the EB-5 Investment Visa Program

  • No Quota Backlogs

    No Quota Backlogs

    There are many delays and backlogs for employment and family based green card categories but there is no backlog for the EB-5 Visa Investor category.

  • No Sponsor Needed

    No Sponsor Needed

    Foreign investors use their own personal funds and do not require sponsorship from either an employer or a family member.

  • Green Card

    Green Card

    The EB-5 Visa provides investors with a Green Card thereby allowing foreign investors to live and work in the United States in any capacity.

  • Direct Route

    Direct Route

    A direct route to a Green Card

  • No Business Management

    No Business Management

    No day-to-day business management, unless you want to (what about stand alone EB-5s?)

  • Permanent residency

    Permanent residency

    Permanent residency in the US for you, your partner and any children under 21

  • Live Anywhere in US

    Live Anywhere in US

    Live, work and retire anywhere in the US

  • No Language

    No Language

    No Language Requirement

  • US Citizen

    US Citizen

    Become a US Citizen after 5 years of being a green card holder

Top Countries for EB-5 investors

China, South Korea, Taiwan China, Venezuela, Iran, Brazil, Russia, United Kingdom

YEAR 2014 (Up to June) 2013 2012 2011 2010 2009
NUMBER OF EB-5 INVESTORS APPROVED 4,015 3,699 3,677 1,571 1,369 1,265
ESTIMATED EB-5 CAPITAL RAISED $1.92 billion $1.85 billion $1.84 billion $786 million $685 million $633 million

The Different EB-5 Visa Options

directDirect or stand-alone projects have become very popular recently, mostly due to the advantages listed below. Prior to the emergence of the Regional Center Pilot Program, the traditional method for EB-5 investors was through the stand alone (direct) investment.

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

  • Make an investment in a new commercial enterprise; this can be a pooled investment.
  • Make the required minimum investment determined by project location, if in a rural or Targeted Employment Area (TEA), then the required investment is $500,000.
  • Lead to the creation of employment for at least 10 full-time U.S. workers (direct jobs).

For pooled investment programs, as in the regional center investment, the EB-5 policy management requirement can be minimal for those not interested in day-to-day management, or running an active business. For non-pooled projects, the investment may consist of the contribution of various forms of capital, including cash, equipment, inventory, property, and other tangible equivalents.

ADVANTAGES OF A DIRECT INVESTMENT

  • The adjudication time for stand-alone EB-5 petition is normally considerably shorter in most cases
  • USCIS allows online petitions to be filed for direct cases
  • Fewer complexities than regional center projects
  • As the amount of jobs that can be created in a direct project are far less than in a regional center project, the direct project is usually simpler and often will have less debt. This decreases the risk of failure and importantly, increases the likelihood of recovering the investment money
  • There are no complex econometric reports to deal with
  • Often the job creation is very clear which increases the likelihood of successful I-829 adjudication
  • Regulatory bodies, such as the SEC (Securities& Exchange Commission), who monitor fraud, misrepresentation and other unauthorized activities, are equally involved with direct projects as well as regional center projects
  • Usually a closer relationship with the project developers

This involves a passive investment of $500,000 if 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 an 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 US.

The EB-5 Investment 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.

ADVANTAGES OF A REGIONAL CENTER INVESTMENT

  • Greater job creation as a regional center can take advantage of indirect and induced jobs
  • Usually larger projects with increased visibility for SEC purposes
  • Larger number of investors
  • Usually larger projects with increased visibility for general purposes
  • Passive involvement, similar to a direct project –no day-to-day management

Mona Shah & Associates, Attorneys-at-law

For further information contact NuRide’s Legal Team, Mona Shah & Associates

Mona Shah & Associates are advanced EB-5 lawyers. The firm has extensive experience with EB-5 direct projects, regional center formations, and has filed multiple EB-5 investor cases from all over the world.

  • Extensive experience in EB-5 financing and 47 years collectively in immigration practice
  • Voted Top 25 Attorneys in EB-5 by eb5investors.com magazine
    Founded the first EB-5 regional center in NYC, which has raised $1 billion dollars from EB-5 in the past 4 years
  • Trouble shooting and issue spotting for other EB-5 lawyers all over the US
  • Filed over 400 investor petitions, some with complex sources of investment funds
  • Part of the marketing team for multiple projects nationwide

  • Highly experienced at formulating and strategizing EB-5 real estate projects nationwide
  • Monitors the administration for major regional centers
  • Proficient in SEC registration filing and ongoing compliance
  • Multi-lingual licensed attorneys in the US, UK and China
  • Offices in New York and London, affiliated office in Beijing
  • Written and spoken extensively on EB-5
  • Published book “EB-5 for Chinese Investors”, can be purchased on Amazon

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