USA Green card by investment and three options

 

USA Green card by investment and points to consider as an invetsor!!

 

Three options:

 

(1) Indirect investment under Regional Centre (RC) EB-5 or

(2) Direct investment with EB-5 or

(3) Direct investment without EB-5

 

(1)          Indirect investment under RC EB-5:

 

Which type of investor should opt for investing with a regional center or what should be the primary considerations of the investor before investing with a Regional Center?

 

An investor who is considering the option of investing with a regional centre should ask himself the following questions:

 

(i) Am I ready to run and operate a business in USA on a full time basis?

(ii) Do I have the necessary experience of operating and managing a business in USA?

(iii) Am I capable of managing and operating a business in a foreign country like USA?

(iv) Am I fluent in English?

(iv) Have I considered the cost of business operations in USA?

(v) Am I capable of working for long and odd hours in order to operate a profitable business?

 

If the answer to all or some of the above questions is NO, one should consider investing with a regional center.

 

What are the questions an investor must ask regional centers before making investment?

 

(i)  When was the company or LLP established and promoted as a regional center?  

(ii) Who are key people in management positions at the regional centre and what is their business experience?

(iii) Who are the immigration lawyers and economists assisting in submitting the investor application to USCIS to get approval on behalf of the regional center?

(iv) When did the regional center receive the approval letter from USCIS defining and approving the regional center?

(v) Who prepared the business plan of the regional center?

(vi) Has an agreement been made for purchase of land or building for the project proposed by the regional center?

(vii) Does the regional center have in its possession all permits and licenses to go ahead with the proposed project?

(viii)  How many projects has the regional centre undertaken before this under the EB-5 program?

(ix) Has the regional centre received first approval (I-526) for any investor application for the proposed project?

(x) Has the regional centre received approval for removal of conditions  I-829 for any investor application for the proposed project?

 

If one does not receive a positive or satisfactory reply to any of the aforementioned questions from a regional centre, one should avoid investing with such a regional center.

 

In 2009, there were only 12 regional centers in USA. Today, there are more than 300 regional centers all over USA. Many of these regional centers may have obtained an approval from the USA government to be designated as a regional centre however, they may not have GOOD projects which are worth investing in and hence an investor should be extremely careful before making investment. A thorough and detailed investigation must be undertaken before zeroing in on any particular regional centre.

 

  

(2)          Direct investment under EB-5:

 

An investor who is considering direct investment under the EB-5 program should ask himself the following questions:

 

(i) Am I a successful businessman in my home country?

(ii) Can I find a business opportunity in USA related to my business in my home country?

(iii) Does this NEW business opportunity in USA meet the EB-5 requirement of investing 1 million US$ and creating 10 full time jobs?  

(iv) Am I ready to operate and manage a business in USA on a full time basis?

(v) Do I have the necessary experience of managing and operating a business in USA or am I in a position to hire a manager who can assist in managing this business?

(vi) Am I capable of managing and operating a business in USA?

(vii) Am I fluent in English?

(viii) Have I considered the cost of business operations in USA?

(ix) Who will manage my business in USA from the date I make an investment in USA until the time I arrive in USA?

 

If the answer to all of the above questions is YES, only then should one consider direct investment in a business in USA.

 

(3)          Direct investment WITHOUT EB-5:

 

An investor who is considering direct investment in a business in USA but not under the EB-5 program should ask himself the following questions:

 

(i) Am I a successful businessman in my home country?

(ii) Do I have a large and substantial business operation in my home country?

(ii)  Can I find a business opportunity in USA related to my business in my home country?

(iii) If this business opportunity in USA does not meet the EB-5 requirement of  investing 1 million US$ and creating 10 full time jobs then can I consider obtaining the USA Green Card under the EB-1 program?  

(iv) Am I ready to operate and manage a business in USA on a full time basis?

(v) Do I have the necessary experience of operating and managing a business in USA or can I hire a manager who can assist in managing this business?

(vi) Am I capable of managing and operating a business in USA?

(vii) Am I fluent in English?

(viii) Have I considered the cost of business operations in USA?

(ix) Who will manage my business in USA from the date I make an investment in USA until the time I arrive in USA?

 

If the answer to all of the above questions is YES, only then should one consider direct investment in a business in USA but not under the EB-5 program.

 Law Office of Prashant Ajmera & Associates is an independent law firm and does not represent and/or promote any regional center or direct investment project of USA. Our non-affiliation to any particular regional centre or project enables us to provide the most unbiased, impartial and honest advice in a neutral manner, that which is in the best interests of our investor clients.  Email:  prashant@ajmeralaw.com

 

 

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