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Maitland, Florida 32751
Immigration, Nationality and Consular Law, Experienced EB-5 Attorney, EB-5 Regional Center Application Submission Provider
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Q & A
Sal Picataggio Questions & Answers
I had heard in a seminar that the investment funds of $500,000 for EB5 will be increased to $750,000 in September 2013. Is it true?
How will my OPT expiration affect my adjustment of status after my recently-approved I-526 Petition?
When can I move to the U.S. during the EB-5 process?
What immigration actions could bar me from obtaining EB-5?
Can you switch from E-2 visa to EB-5?
Is the particular city and state in which I am interested in developing my business a TEA?
I have a Regional Center in Florida. Can I sell it?
What will happen if the EB-5 project that I invested in fails?
What documents are generally used to prove EB-5 source of funds if my parents are providing the investment funds for my investment?
Should I have the same attorney for all EB-5 applications?
How can a loan be used to supplement my EB-5 capital investment?
How do you structure a gift of EB-5 funds?
How can I set up a bank account to receive EB-5 funds? I will be frequently visiting the US but don't wish to be a permanent resident. I don't intent to be a permanent immigrant of USA as my projects are outside of USA.
What do I need to qualify my business for EB-5?
What qualifies as a new business in EB-5?
How much does the IRS tax EB-5 investments?
How can I transition from EB2 to EB5?
What tuition will my child pay as an EB-5 dependent? Do children of EB-5 holder can apply to any other state university other than their residence state? What will be the tuition fee? Whether he will be considered normal US citizen/student or as International student? Do he need to pay out-state tuition fee, and also provide other eligibility details
What are the benefits of EB-5 escrow capital? ,Should we devote all my funds in the escrow account at one time? Or by installment?
What determines where you can live with an EB-5 visa?
How do you transfer EB-5 capital out of India?
If a project requires bank financing along with EB-5 investor capital how do you present the EB-5 capital to the bank, or structure the project to consider EB-5 capital as equity into the project? Do banks consider the EB-5 capital as a loan since it’s not secured? By utilizing and counting EB-5 capital we are trying to achieve bank financing LTC of less than 55% per project!
Can I operate a Regional Center abroad?
How do I find a law firm for an H-1B visa? I am applying for a green card through the EB-5 Visa Program, and my son is about to graduate with an engineering degree from Saudi Arabia. He is over 21 years old, and I would like him to apply for a H1B visa instead of doing a second EB-5 Visa separately from my own.
How are full time equivalent positions counted by USCIS in an EB-5 visa?
How can I get EB-5 investors to invest in my current ongoing business?
How can a EB5 visa applicant apply for F-1 Visa?
I am interested in the EB5 visa for my family. I have many business obligations and do not have much time to spend on the visa application. I am speaking with many US lawyers to choose one for the process. How long does it take to file the I-526 form and how long until it gets approved. An estimate even. How long until I can move to USA?
Once I get my I-526 approved, do I have to live in the United States permanently? All of my family is in China and I would like to be able to go back to visit them, as well as to check up on my business there. Do I have to wait a certain amount of time before I can leave the U.S./go on a vacation? Is there a limit on how long that trip can be?
Do I have to meet someone in the embassy of my home country to get my temporary visa? Is there an interview? If there is an interview, what should I prepare? I'm not sure what the process is for a temporary visa and I would like to get to the U.S. as soon as possible.
Can you make 10 investment of $100,000 to qualify for the $1 million investment overall? In other words, can you build a portfolio of qualifying investments in order to mitigate the risk of any one of these investments failing financially?
As per the amendments which will go into effect in September 2013 (removal of general solicitation and advertizing restrictions of RC under rule 506), if an investor puts money into a RC which is advertising about its schemes then they have to show a new worth of $1 millionexcluding residential house (also has some exclusion if you make more than 200k). Does this mean almost all individuals will now need to show to the USICS that their true net worth is $1 million. Does anyone know details will be needed to show the net worth? Will this not become a huge barrier for getting investments?
I currently hold a B1/B2 visa and I'm seeking to create a new business in the US within the EB5 pilot investor program, specifically in the state of California. Can I proceed with the adjustment of status while I'm in the US or should I go back to my country of origin and proceed from there? How much time does it usually need to get an approval of the EB5 Visa ?
I have already filed my I-526 but want to make changes to my business plan, is this possible? Will I have to re file a new I-526 or is there a way I can amend the one I have already filed? I do not want to delay the process any more than necessary. What is the fastest way to go about this?
Our non-profit works as a business accelerator and we give grants to entrepreneurs with innovative and sustainable ideas. We would be interested in attracting foreign investors in our area and would like to become an EB-5 Regional Center. Could you tell if we could qualify?
How do I choose a reliable project? I’m currently interested in EB-5 investments at a regional center, but there are more than 200 projects running at the moment. How should I choose one so I know that the project is reliable and that I won’t lose my investment?
How can I invest Indian funds?
How can I petition for my husband at a later time? Can I add only my children initially and then later when my husband can come I petition for him? If so, at what stage can I do this after the the conditional status is removed or before it is? And how long would such a petition take?
How do I document inherited money? I can show my bank statements and my father's death certificate. Is this enough to prove lawful source of funds?
How will leaving the U.S. affect my pending I-526?
Does construction of my EB-5 project have to last at least 2 years? It requires only one year for construction. So we are wondering whether it will qualify for the EB5 standards?
How can Canadians navigate EB-5? Are Canadians allowed to file adjustment of status (in our case from B2 status to conditional permanent resident under EB5), I thought the rule only prohibits people under Visa Waiver program. It does not mention Canadians. Can you please clarify? Is preconceived intent an issue for AOS?
How do I choose an immigration lawyer? Can a foreign immigration lawyer represent me in my EB-5 process once I select a regional center?
How can EB-5 serve asset light companies? It looks like most are development projects that are perceived to be a safer for the investor. I have an asset light healthcare service company and am wondering if the EB-5 program would be an option to raise capital to fuel growth plans.
Can a person just file EB-5 for his wife and child since he can't file for himself because of work? If I invest the money, can my wife and child get the visa? Once my wife and child get their temporary green card, can I come to visit on a visitor's visa?
Can I invest in a home building business and be able to get a green card through the EB-5 program?
What kind of projects do EB-5 investors most commonly invest in? I am working on getting investments for an EB5 project in Los Angeles, where I would be running a production company, but I am having a lot of people tell me that my risks are too high.
What are the processing times for direct investment and regional center projects?
Can I still file for the I-829 petition for Removal of Conditions if my family is out of the US? My mother is the primary applicant of my family's EB-5 visa (Regional Center Program). However, due to some limitations, all of my family, except me, has been outside the States for more than one year.
What is the future of the tenant occupancy methodology? Does anyone know what happened to the Carlsson et al v. USCIS case that used the tenant occupancy methodology? Also what's the future of this methodology?
How can an EB-5 investment be divided? I understand that EB-5 requires an investment of $1 million or $500k (TEA). Is this a one time investment that must occur before filing, or can this take place as a cumulative investment. And can this investment amount be divvied across multiple companies?
How can an out-of-status person go through with EB-5? I entered U.S. legally as a student and I'm on my OPT right now. I'm thinking of starting a business here and I was wondering if I stay longer than my OPT "deadline" (in 2014), will I be able to go through EB-5 when I accumulate enough wealth?
Does buying a company with my own equity plus financing count for EB-5?
How can I become an accredited investor?
How long does an EB-5 investor have to stay in the U.S? If an investor has EB-5 visa and conditional green card, does he/she need to stay in the US for a minimum number of days in the first 2 years in order to gain a permanent green card? How about his/her dependents?
What do I do if my petition is denied? Our EB-5 was denied today. Would it be possible to get it approved if we sent more evidence or whatever else they need to get more information? Will they accept it? If we apply with another case and file again, is the process still 10 months or will the time be reduced because we already did a case before it?
How do I find EB-5 investors? I am looking for multiple investors for a large project in Tennessee. It is in the hospitality industry. What do I need to do as the person "looking" for the investors? How do I find these EB-5 investors?
How can I form a regional center without the start-up capital? I have been reading and have found that the start-up costs for an EB-5 Regional Center are between $75,000 - $175,000. I have a great concept for a project for a regional center and have some possible EB-5 investors lined up, but unfortunately I do not have the amount of capital that is needed to form a regional center. I have approximately $15,000 and am looking for a law firm that would work on contingency or on a deferred payment basis. If you can refer me to someone it would be highly appreciated. Thanks.
What is a typical return on investment of a regional center? I have two questions as follow: 1. One EB-5 agent told me there is a regional center which returns 50% of investment after 2 years. They didn't disclose its name, so I couldn't check if it's true or not. Do you know of such a regional center? 2. Is there an expedited option for EB-5 so it would take less than 6 months to complete? Thank you for answers.
What happened if I waited a year and my I-526 still hasn't been approved? The USCIS website still shows the date of processing time as March 16, 2012. What does this mean? They haven't approved any I-526 file since that date or they are not updating the website?
What are the conditions of a co-investment and a joint-venture? 1. Can 2 individuals co-invest with 1 million USD each in a project? Will the project need twice the employee hired?? 2. Would a joint-venture with a U.S. corporation be allowed? Many thanks in advance.
How can I adjust from an E-2 to an EB-5 visa? I live in England. If I buy a business in the U.S. with an E-2 visa and we like living in the U.S., can I then apply for an EB-5 visa whilst in the US running the current business on the E-2 visa?
How will leaving the U.S. affect my pending I-526? I have been in the US for 2 months. My I-94 allows me to stay 6 months. However, I plan to leave after I file my I-526 at the end of this month. I plan to return 3-months later. My problem is, the dates on my current I-94 and the I-94 number will change when I come back and will be different from the I-94 info on my I-526 application. Is this a problem? Can I leave while my I-526 is pending and come back with a new I-94 stamp/ticket in my passport and adjust status with the new I-94?
What are the job creation requirements when creating an EB-5 direct investment business in a regional center? I am thinking about expanding my restaurant business in a EB-5 Regional Center development. My source of funding would also be EB-5 money. Would putting an EB-5 direct investment business (creating 10 direct jobs) into a EB-5 Regional Center cause future issues with USCIS in particular, double-counting the job creation? I read that Regional Center counts direct, indirect, and induced jobs do these job categories already take into account the employees I will be hiring for my business?
How is an EB-5 investment distributed in projects? I am asking this question from a company located on Oklahoma State University’s campus and we are very interested in the EB-5 program. We provide a lot of financing for university research-based start-ups and are taking a look at the EB-5 program as a potential source. In order to better inform our board of directors about the program, we are searching for some information on the breakdown of the total investment into the United States from the program. For example, what percentage of the funds goes to strictly just project financing, “bricks and mortar” projects so to speak? How much of the funds actually go to start-up companies, or what percentage of the funds are used to actually start a company? I have been searching for this information and was wondering if you had any insight on the topic, or maybe could point me in the right direction as to where I could find it?
What are the long-term results of an EB-5 investment? If I invest in a project with one company the $500,000 minimum needed for an EB-5 investment visa, what will happen to my money? 1. How long it will keep stay with the company? 2. Does it return to me? 3. Do I invest in the project or do I invest in the company? 4. If the stock of this company goes down and the project which I invest in grows, what will happen to my investment? 5. What is the minimum time for investment?
What is the current processing time for the I-526 Petition, as of October 2013? Now that the EB-5 unit has moved from California to Washington DC., what is the current EB-5 processing time? What is the likely outlook for the next 6 months? Thank you.
Can I take a loan to make an EB-5 investment? If I borrow money from an American friend (who can prove that her funds are from lawful sources) or from a foreign company of which I own 20%, can I use the loan proceeds for my EB-5 investment? Also, if I am not in the U.S., do I still need to show $200,000 annual income for the past 3 years or $1 million in assets?
What sources of funds are allowed for investing in a regional center? Can the source of funds for investing in a regional center be from selling my own house?
What is the usual procedure to compensate an attorney for legal fees? I am considering hiring an attorney to handle my EB-5 case and I was asked to wire transfer the legal fees into a trust account. Is this normal?
What are some suggestions on direct EB-5 businesses that work? I understand the funds must be "spent". What if the business is not capital intensive? ex. janitorial services, call center etc. How can I prove the funds are "at risk"?
For EB5 investor, Equipment & Machinery are intended to be part of the capital. What could be evidence of the fair value of such 'Equipment & Machinery' USCIS is seeking for?
Audited or reviewed Financial Statements, which one makes Form I-829 easier to remove Conditions? Would CPA firm makes a difference? Is out-of-state CPA OK?
How do I choose a reliable project? I’m currently interested in EB-5 investments at a regional center, but there are more than 200 projects running at the moment. How should I choose one so I know that the project is reliable and that I won’t lose my investment?
Do older franchises count for EB-5? I would like to invest in a Carl's Jr Restaurant, does a new franchise Carl's Jr qualify as a new enterprise even though the original was established in 1941 and franchising began in 1984?
Can I move a pre-existing company to the United States for EB-5? I have had my B1/B2 visa for 10 years. I am managing director and CEO of my own company, ATP PATHCARE LAB PVT LTD, in India, dealing in specialized diagnostic testing. I would like to apply for the EB-5 and register my company in United States. I have one spouse and 2 children younger than 12 years old. How can I begin the EB-5 process and how much does the whole process cost? Thank you.
What is the process to setting up a regional center? . I understand that the money comes in before the investors application is sent in. Can the project use this or does it have to wait until the investor obtain the visa?
How does an EB-5 investor get paid? Who pays the investor back? Is it the developer or regional center who pays the investor? What is the process like?
When can a project use the investment capital? Can the project use this or does it have to wait until the investor obtains the visa? This would severely delay most projects.
How can EB-5 funds be shifted to a different project? If EB-5 investments were successfully transferred to a regional center and their initial project fell through, are those funds allowed to be used on a different project? Would they return to the investor and would they have to start the whole application process again?
Can a U.S. citizen lend an EB-5 investor money?
How can I bring my child from a previous marriage? My I-526 petition has been approved. My current wife and son will move to the United States with me. Right now, I would like to bring my other kid (under 21 years old) from my previous marriage to the United States also. Is this possible and how can I do it?
Can a recent investment qualify for EB-5? We just bought a winery and undeveloped land recently, but it was before we knew about the EB-5 program. Would it be possible to use this investment for the EB-5 program if we apply right now? If not, what steps can we take to make this investment qualify?
Does the entire investment need to be made at the time of filing?
What are my options for involvement in my EB-5 project? I am looking to invest in a business through the EB-5 program in order to receive my green card and move to the United States. I currently have a business to run in my home country so I cannot be actively involved in the EB-5 project.
Are any countries excluded from the EB-5 program?
Do I need to be fluent in English to apply for EB-5?
What are the requirements for education and business experience?
How does the USCIS determine "good health"? I have read that one requirement of the EB-5 program is that the applicant must be in "good health."
How much time must be spent in the U.S. to obtain a green card?
What is the best option to make up for a deficit of funds? I'm a citizen of Russia. I am looking to purchase a business worth $1,000,000 which would qualify for EB-5 visa. I have $400,000 of my own funds and can prove that it originated from a lawful source of funds. I can borrow the remaining amount of $600,000 from my friend who is American and can prove that the funds were obtained from lawful source of funds. The other options is to borrow the money from my cousin who is a citizen of Ukraine, who has a very good credit history and can take a loan of $600,000 from a bank for me.
What responsibilities or liabilities does the U.S. contractor take on by becoming involved with an EB-5 recipient?
What are the responsibilities of a regional center sponsor and project developer?
What kind of restrictions are there on repatriating EB5 funds?
What type of project should I use when applying for a regional center? When filing an application for a regional center, is it better to use a hypothetical project or an actual project?
How does a child born during the EB5 process get a green card?
What are the restrictions of the job creation requirement? I am investing in a new direct EB-5 venture. My co-investor, who is a US citizen, and myself are both members of the LLC. If my co-investor is a salaried employee of the LLC, can he also be counted as part of the 10 jobs needed? Since we are planning to start the business before my visa is approved, can the business plan show that the jobs will be created within three years rather than two years, since it will take about a year for my visa to be approved?
How do I apply for a regional center that covers multiple states?
What laws govern EB-5?
What would happen if the EB-5 capital quota increases when my I-526 petition is still under review?
Does buying a company's stock count as an investment? Also, does a lease commitment for a year count as money at risk? How does stock count as at risk?
How can I count construction jobs toward the 10 job requirement? I am considering investing in a hotel for my EB-5 investment. The hotel would be built from scratch and would require many workers for construction that will probably be employed for many years to constantly improve the structure.
How can I bring my spouse over if I get married during my application process? I have already submitted my I-526 application, is it already too late or is there something I can do?
Is it easier to invest in a new business or a troubled business? I would imagine that a new business would be riskier, but how difficult is it to prove that an investor has helped save 10 jobs? Which requirements are easier to fulfill?
How do I establish residency after receiving my green card? Do I have to buy or rent a home? What other actions can I take to show that I intend to stay in the United States?
What are the overhead costs for an EB-5 visa? I will make an investment of $500k for the EB-5 visa. What are the legal fees for the processing of this visa (government fees) and an estimated professional fee for the process? How much should I be expecting to pay for both, direct investment and investment through a regional center?
How long does it take to get a response after appealing? My family's EB-5 case got rejected, even though we were confident and proved that we are qualified to be an EB-5 investor. Immigration miscalculated the investment fee when they were calculating the exchange rate from Taiwan NT to USD. We already transferred the right amount of money out, when the immigration said it wasn't enough. It has been about 24 days and we still haven't got a respond yet. We do have some history where our visa got rejected which was about two years ago. When my mothers E-2 visa expired and our renewal was rejected. Even if we are qualified for EB-5, are there other reasons where they can still reject us?
How will a divorce affect permanent resident status?
Will it affect my adjustment of status if I can't find a job? My I-526 petition was approved during my application of OPT (when my OPT application was reviewing by USCIS). Right now my OPT has just been approved and I would like to adjust my status here in the U.S. Since OPT only allows me to be unemployed for a few months, if I really can't get a job during these few months, does it pose any problem to my adjustment of status application?
How can I obtain an EB-5 visa while on another visa? I have a B-1/B-2 visa.
How can I buy a closed business and make it a qualifying business? I want to invest $500,000 in United States for the EB-5 visa. I want to know if I buy closed business, with property, and restart it with a new franchise ( i.e buying a closed gas station and turning it into a 7/11 franchise) would it be the best option to obtain the EB-5 visa? Would this qualify as rescuing a troubled business or would this be considered a new business?
Does an entire business have to be in a TEA to qualify for lower investment?
How can I prove a lawful source of funds if I have no revenue? I read on this site that it will be necessary to prove the lawful origin of $1 million dollars and total revenue of at least $200,000 in the last two or three years for me to apply for the EB-5 visa. I’ve had a pharmacy in Brazil for 14 years and I'll sell it. After that, I have to prove the lawful origin of one million dollars or a little more, but I have no way to prove an income of $ 200,000 in the last two or three years because the pharmacy has been stopped and had no revenues for the last four years. Can I get a visa in these conditions? Would I still have to prove the $200,000 revenue even if I receive over $1 million from the sale?
Can the child of an EB-5 investor remain in school even if I-829 is not approved?
How can I re-enter the United States with a valid current F-1 visa while my I-526 is currently pending?
Is it possible to borrow from a person who takes out a loan? Can he obtain a bank loan, which would be secured by his apartment, and then I would borrow the money from him? He cannot provide any documents to prove a lawful source of funds, which were used for purchase of his apartment since it was 10 years ago. How can I assure that this source of income will be EB-5 eligible?
How to get TEA designation in California city? The project will be in a small city in Santa Barbara County with a population of five thousand residents per the Census. The city is not designated a TEA by the CA state government to our knowledge. The city is not listed as one of the four cities in Santa Barbara county in California's List of Designated Metropolitan Statistical Areas, Counties and Cities. Based on the city's census tract, the city is not a designated high unemployment census tract using CA's list of 2012 unemployment data. The city's census tract is not directly bordering another city’s census tract per the 2010 census tract map of Santa Barbara County on census.gov.
How can I apply for EB-5 while applying for EB2?
Do the same workers have to be employed the entire two years?
When is the best time to apply for EB-5?
What is considered a guaranteed return for an EB-5 investment?
Should EB-5 money be transferred in the United States or a foreign country? If my daughter is in the United States and I want to give half a million dollars to her, should I transfer the money in the United States or have her come back to her country and give her the money there?
Would an already existing company establishing a new company count for EB-5? I currently have a company in China. I was thinking about sending one million dollars to the United States so that my company can establish a new company there.
How can a student in the U.S. on an F-1 visa obtain an EB-5 visa? If the student under 21 years of age is already in the U.S. on an F-1 visa, does he have to return to his home country in order to obtain an EB-5 visa? Is there any other option? What is the process like?
How can I invest into a U.S. LLC then transfer the money into a project? I would like to purchase an existing business in the U.S. For some liability consideration, can I first transfer my investment money into a U.S. LLC wholly owned by me, and then transfer my investment from this LLC to the existing business? How can I do this? How would this affect the processing of the EB-5 visa and filming the I-526? Would it make showing the source of funds more difficult?
What are the issues with residential real estate EB-5 projects? I am considering an investment in a developer who will purchase land and construct 150 residential homes on the land over a two year period. and I want to know what are the issues that you've seen with such projects. Why aren't there many of these projects as opposed to hotel development?
How can an Indian immigrant investor transfer funds more efficiently? I am from India and the remittance amount allowed is $75,000 per year. What are methods used by Indian eb-5 applicants to transfer the necessary $500,000 dollars? Can I open a bank account in the United States and transfer money yearly until I have a sufficient amount for investment, or is there another way for paying a regional center?
What if two regional centers use the same project? I applied for my regional center in June 2013. USCIS estimated the approval time at 9-13 months. So, I leased a different Regional Center for the project that I filed my I-526 petition with. My own regional center is using the same project, so my question is, can two different regional centers use the same project and will I have any issues at 829 stage if I use my own regional center but the same project?
Is an EB-5 investment period 5 years? From what i understand, foreign investors receive permanent residency status 24 months after the initial I-526 approval (assuming that the investment meets all criteria). However, there is also a 5-year period that the investment needs to be in compliance with, otherwise the EB-5 investor could have their residency status revoked. Can somebody explain the discrepancy please?
How is the unemployment rate determined in an EB-5 TEA? What is the definition of unemployment or how is the unemployment rate determined in a targeted employment area?
What is the process for permanent residency to U.S. citizenship?
What limitations are there on the amount of EB-5 capital allowed for a project? Are there any limitations on the percentage of EB-5 capital used to fund a project? If there are limits, what is the law that states those restrictions? If I successfully create a business with less than 500,000k, do I still have to invest the rest of it into the business?
What is Matter of Ho and how does it affect my EB-5 investment? I am interested in applying for the EB-5 program and during my research, I have read that my project must be Matter of Ho compliant. What exactly is the Matter of Ho and how can I ensure that my project meets that requirement?
How can I list my company for an EB-5 project? I have a company based in Atlanta with 160 employees. I am considering forming a separate entity in the same industry. The plan would be to grow it and sell within 3-5 years as a way to cash out without selling my current company. Creating 10 jobs is very easy and can be done within 6 months. Is EB-5 a good option for me? It clearly would be for the person(s) seeking return and immigration. How can I begin seeking EB-5 investors for this project?
Can the funds used to purchase real estate qualify as part of the required capital? Instead of leasing a space and paying rent, can I buy a commercial space, say for $500K, and use the rest of the $500K to buy inventory etc. and operate the business? Would this meet the $1 million requirement? The business will occupy and use the newly purchased commercial space. Technically, real Estate investment is also "at risk", as it can go up or down in value. So I am wondering if this qualifies.
How can you applying for a B1 or B2 visa while filing for an EB-5 visa?
How can I take college courses while applying for EB-5?
How can I invest remotely in an EB-5 project as a student? I am currently a student in Boston and I am looking at making an investment in my friend's marketing company in NYC. What type of role do I need to have in the business and can I do this remotely? (I want to stay in Boston but have my investment in NYC.)
Can family members adjust status while in different locations? After the approval of I-526, can one family member (a dependent), who's on F-1 visa, adjust her status in the United States by filing I-485 application, while others in the family apply for their green cards through consular processing in their home country? Will this cause any complications?
How does the I-539 application affect an EB-5 application? Would it be easier to change my I-539 application to request a green card or apply for an I-526 by using most of my savings and 401K funds? Which method to stay in the United States would be more cost effective and have a higher likelihood of success?
How can I find equity sources for my EB-5 project? Would using an equity source instead of debt be better for EB-5?
Does a company need to have a physical presence to qualify for EB-5? In my country, I have established a company that is purely online and has no office or physical location. My workers work remotely and I save money by not having to pay rent. If I were to apply for an EB-5 visa, would my company need to have a physical presence in the United States? Could I run the company online and hire U.S. workers and have them work remotely from home? What would be the best way to have an online business qualify for EB-5?
When should I transfer capital into the new U.S. enterprise? Should I transfer the money immediately after establishing the company or do I have to wait for certain forms to be approved first?
Can I file for advance parole after my I-526 is approved? I am currently a B1/2 visa holder in United States and my I-526 just got approved. When I file I-485, can I simultaneously file for advance parole? What do I need to do to file both of them at the same time? Also, if my advanced parole gets approved, does that mean I can return to my home country any time without running the risk of abandoning my I-485 filing?
Can I use the EB-5 Program to obtain capital for an online company? We are looking to expand and would like to be able to hire additional employees for development and expansion. Most interested in direct investment versus a regional center.
How does the I-526 backlog work? The USCIS website shows that CSC is still processing I-526 applications from Mar 2012. That is almost a 21 month backlog. Does it mean if I apply now, the processing time for I-526 is at least 21 months? How does that work?
Can I apply for EB-5 while my company is generating income to fund the investment? I have a business that is on course to generate $500,000 within the next year. Do I have to wait until all that income is generated and in the bank before I apply for the EB-5? Or can I apply in the interim whilst my business is generating that income?
: What if USCIS denies my I-526 application but the investment was already made? According to USCIS, the requirement for I-526 is "the investment is at risk." Does that mean, for individual project, I have to invest the money first before filing the I-526 application? But in that way, what if USCIS denies the application? In that way, the business will not be setup yet.
Does a regional center have to own the new commercial entity for EB-5? I was wondering how would I set up a non-profit regional center and channel investment money into the for-profit new commercial entity? Does the regional center have to own the new commercial entity, or can they be separate entities as business affiliations?
Can a foreigner obtain an EB-5 visa on venture capital raised in the United States? I am a foreign national and the sole shareholder of a C Corp which has attracted an investment of $5 million from a venture capital group at $20 million valuation. We would be hiring lots of people in Chicago and Cleveland for our venture. Since the investment would be done locally and I would be the reason for such investment, can this investment and resulting employment be used to obtain an EB-5 visa for myself?
Do I already need to have 10 employees at the time of initial investment? Should I create 10 jobs at the time of the initial investment? When does the clock for the new 10 jobs start ticking? Is there a test period for these 10 jobs prior I-829 filing?
How will a legislative audit affect EB-5? I have been reading that Congress is planning to audit the EB-5 program. What does this mean and how will this affect future EB-5 investments? Will there be a delay in processing if there is an audit, and would it be wise to invest now before the audit?
Does the entire EB-5 business have to be established at once? I'm planning to do an individual EB-5 investment in 2014. The idea is to set up a group LLC constituted by 2 stores in one or two TEA areas. But in order to lower the risk and meet the requirements for 10 full time employees, I'm considering opening one store first, then opening the other one in 12 months from the first opening. The total investment would be $500,000. Would this plan qualify for the EB-5 program? What are the legal risks or problems associated with a plan like this?
What EB-5 professionals should I consult before I apply? I plan to apply for the EB-5 visa and I want to have the best chance of being approved. I know that I should contact and hire immigration attorney, but what other EB-5 professionals are essential to the process? Also, what is the best way to find these professionals?
What are the ownership requirements for investing in an existing business? I would like to invest half a million into a bakery that has existed since January 2013 and has suffered slight loss. Am I required to receive any percentage of shares? If so, is it 51% or more of the shares? Are there any other ownership requirements when investing in an existing business?
Can a non-US Citizen be a partial owner of a Regional Center? I have been looking for this answer, but I am unable to find anything concrete. The scenario is such: a currently approved regional center is looking to amend its business plan and expand its geographic boundary. As part of the new plan, the regional center will be adding a non-us citizen as a partial owner and giving him a spot on the management team. This non-us citizen will not be investing in any of the projects and will solely be involved in the management, due diligence, and other general tasks required of the regional center. In some cases, I know the USCIS doesn't like to see foreigners owning a US company that is in charge of getting Visas for non-US Residents. However, in this case, is a non-US citizen allowed be a partial owner of a regional center, but not invest in the projects? Your answer if much appreciated. Thank You.
My father has his primary residence that he had built back in 1984 (In pakistan). He had acquired his funds from his life time savings from working in several places in middle east in the 60's, 70's and 80's. He had been retired since 1986. He is 80 years old. He would like to gift me that property to me to be able to apply for the EB5 program. What kind of proof will be required to show legality of funds. Since there was no income tax in most of the places he worked (he was agriculture research scientist and did his PhD from australia in early 60;s), there no old income tax records. Any other records of income from that while back will be skechy at best. Will that be a problem to show that the funds came from sale of real state of a retired old person ?
When will the applicant need to pay US tax? - once the applicant gets approval for I-526 - once the applicant receives Conditional Green Card - once the applicant gets approval for I-829 - once the applicant receives Permanent Green Card
How long I have to wait for interview once NVC foward the case to councilor ?
I ama Canadian and founder/owner of a highly successful venture (incorporated in Canada) valued in the $10MM pre-money. I am negotiating with some VCs in Silicon Valley for investment to the tune of $1MM. Is it possible that I invest the $1M raised into the company as at risk to meet the requirements of the Eb-5? Since I own almost all of the company. Would that be considered "at risk" investment? And it would create jobs in Silicon Valley.
Where are the employment-based I-485 cases generally processed at? Are all the employment-based I-485s adjudicated at the California service center? What is the current processing time? Will it be faster for an investor who has already had the I-526 approved to attend the interview in a foreign consulate instead of adjusting his/her status in the United States?
What is my tax residency start date? Is it at first physical presence in the U.S. on the EB-5 visa, date of issuance of EB-5 visa following consular processing, or after approval of I-526 from USCIS?
How does deportation history affect EB-5? I was deported from the U.S. in 1995 trying to enter through Canada. I used to have a work permit but when I tried to enter in 1995 they refused it and deported me back to Canada through a court order. Now after 19 years I have gathered wealth and would like to apply for the EB-5 visa.
How do I operate a business as a B1/B2 visa holder? I have recently invested in an EB-5 project and I believe the wait time is 16-24 months. In the meantime, I plan starting a business in U.S. and would like to know if I can own and operate a business myself.
What is the I-526 processing time for a direct investment? I am aware that if I go through regional centers, I would have to wait for about 12 to 16 months.
How will my marriage date affect my family's green cards? I may get married after filing my I-526, and I may even have a child before I get the green card. If so, can they get a green card too if I get one?
How can I find active EB-5 projects?
How will my juvenile record affect my EB-5 application? When I was 15 years old I received a reprimand (U.K. caution) and a few hundred bucks fine.
How is it possible to finance an EB-5 investment? I am looking to buy a business in the U.S. The owner wants to sell it for $550,000 with real estate and agreed to finance with $150,000 cash down, and the rest within 10 years.
How can I get multiple opinions on EB-5 projects? I'm worried about signing with 1 lawyer as his/her projects will be limited. Also how do you ensure the lawyer is not financially motivated from providing investors to the project?
How do I choose between direct or RC investment? I am on the fence on whether I should continue reviewing these EB5 projects that are extremely one-sided towards the developer or look into maybe acquiring a franchise.
Would an investment in a start-up with existing employees be applicable for EB-5 employees? Basically, if they have 10 employees now and I invest in them and they remain with 10 employees would my investment be considered EB-5 acceptable? Would the retention of jobs be eligible for EB-5? How can I count retained jobs?
How do I establish relationships with brokers? My company has recently been designated as a Regional Center by USCIS and is seeking to establish relationships with brokers and/or attorneys, as appropriate, in order to facilitate introductions with potential investors.
When should an F-1 visa holder file the I-485? Shall I file I-485 right after the I-526 approval or maintain F-1 until my family's landing? During this period, can I travel internationally?
What is the standard for loan repayment? I am looking at EB-5 project information. One project states the EB-5 fund repayment: "with an expectation for loan repayment in 5 years—with a 1 year option." What does this mean?
What are the expected returns for investors? I was wondering what percentage investors are typically expecting as a typical rate of return on their investments? Also, is it straight line interest, expressed as a percentage of equity of the project, or a preferred return? Do most EB-5 projects generally make a profit for their investors?
Is it possible to adjust my status after submission of I-526? I want to know if I can apply for a green card through the 1-485 application for adjustment of status as an Irish citizen after submission of my 1-526 petition. I want to do this because my passport permits me to stay in United States for no more than three months at a time.
Is it easier to invest in a project with multiple investors or by myself? Does the processing time differ for EB-5 projects that have multiple investors versus projects created by one investor only? Is it more simple, legally, if I invest in my own project rather than with other investors?
How can I apply for EB-5 as an H1B visa holder?
Do regional centers make any profit off the investments? If so, do they make profit off a fixed percentage or is there a flat rate for every completed project?
What are the sources of revenue for regional centers? Assuming the Private Placement Memorandum states that the expected return is say 3 percent. Is it legal for the New Commercial Enterprise (NCE) to loan the investors capital to a Job Creating Entity (JCE) at 5 percent and retain the difference of 2 percent for itself after providing the investor with his return?
What burden of proof do U.S. citizens have when making an EB-5 investment? I have an existing business founded in 2011 with several founders in the company. Now we are thinking about the direct EB-5 financing. I was told that for pooled investment, even if my co-founders and I will not apply for green cards because we are U.S. citizens, we still need to prove our legal source of funds of the investments made by the founders in this company. Is this true? To what extent should we provide the documents? Do we have the same burden of proof as the foreign investor who needs the green card to prove our own source of funds?
How can I use lottery winnings as a source of income?
How can I apply for EB-5 while being under asylum in the United States?
Can I bring my family into the U.S. before my EB-5 is processed?
How can a Chinese investor transfer funds more efficiently? Is it okay to have friends or family to transfer funds for me? What type of professional should I speak to about this?
How are migration agents involved in EB-5? If so, what does a licensed migration agent charge for finding investors? Also, it is my understanding the investor pays the migration agent fee to the regional center and the regional center then pays the migration agent. Is this correct?
How can I sell my regional center? I would like to sell a licensed regional center located in the southeast part of the United States. How would I start the process of selling it? What is the best way to find a broker or perhaps an interested buyer?
How do I obtain a request for qualifications for a regional center? I am affiliated with a local economic development organization that is interested in becoming an EB-5 Regional Center. We have done a fair amount of research around the program and would now like to put out a request for qualifications. Is there generally a standard format for such a request? What type of information would I need for a request for qualifications?
How can I apply for EB-5 if I am out of status? I entered the country with F-1 visa in 1992, and have fallen out of status for a couple of years now. Would I be able to adjust my status if I invest in a business and apply for EB-5?
How can I apply for a B visa while my I-526 is pending? What would happen if I do not disclose my pending petition?
What is the typical success rate for getting a green card through EB-5?
How can I use U.S. financial institutions when applying for EB-5? For example, can an investor borrow money from a U.S. bank or open up a credit line for a business?
How can I apply for EB-5 while under a J-2 visa? Currently, I live in Portland working under an F-1 (OPT) visa, while my wife is pursuing her medical residency training under a J-1 visa which has a two-year home residency requirement (HRR).
How can I invest funds prior to visa approval? I am planning on a direct EB-5 investment in a franchised business such as McDonalds. How can one be expected to invest a majority of the investment requirement prior to visa approval? Is it possible to invest a smaller amount and demonstrate some type of commitment to invest the remaining amount subject to visa approval?
Will the minimum amount for EB-5 ever be increased?
How do I submit an investment project proposal to a regional center? I have an idea for an investment project that I would like to use EB-5 funds for. What can I do to increase the chances of it being accepted?
How does USCIS determine if jobs have been preserved? I’m curious how USCIS interprets the preservation of jobs if EB-5 funds save a troubled business. Do they essentially look at an econometric study to see how many jobs (direct, indirect, and induced) the troubled business has and see if those jobs are maintained? What else do they do? Also, how does the investor and the regional center fit into the definition of “successors in interest to the troubled business?”
How much money should I have in escrow to file and secure I-526 approval? I know I have to be in the process of investing, but what does this actually mean. I am afraid to commit my funds before I know if my I-526 will be approved. What else do I need for an I-526?
What is the level of scrutiny by USCIS at the I-829 phase? For example, what issues may arise if the approved construction budget is roughly adhered to, but savings in one area of construction are applied to overages in another area of the construction budget? What steps might USCIS take if aspects of the construction budget runs over our original budget submitted to USCIS?
How do I utilize EB-5 funds as an equity investor? I want to gain an understanding of the EB-5 investment program from an equity investors perspective. For example, in China, we are looking for equity investors to get a project started through a regional center. How can I find information such as: 1) How long does it take to acquire the funds for EB-5? 2) What proportion of a project makes up loan, equity and EB-5? I wish to make a return on investment rather than gain access to the United States.
What is the general cost of becoming a regional center, including fees related to hiring an attorney, economist, business plan writer and web developer?
What happens to my investment if my I-526 is approved but my immigrant visa is denied? Will I get my investment fund refunded? What should I do to make sure I get my money back?
How can I transfer funds from Sri Lanka? Have there been any EB-5 investors from Sri Lanka before and if so, how did they transfer money out? Also, I have been working in the UAE for 14 years and earned $4000 per month. I bought properties from the earning in Sri Lanka and I can sell it to earn the required $500,000. Would this be suitable for EB-5?
Does my entire family need to be included in the EB-5 application? I am thinking about immigrating through EB5 investment, and my husband will stay at our home country to take care of his business. Do I need to submit a copy of the marriage certificate if my husband is not applying for a green card under my application? And will USCIS question my marriage status during interview if my petition is approved?
Can an EB-5 investment be in one business with multiple branches? I am planning to use my personal assets as security for the loan and I would like to know if I can invest the 500,000 to buy 3 stores, as one store would not create 10 jobs, but I could have 3 or 4 jobs per store for a total of 10 or more. Would it work if I invested in one business that has multiple branches?
How do I apply for H-1B and EB-5 simultaneously? I have a quickly growing company and have met all the EB-5 requirements (with documents ready). My student visa will expire in July, and EB-5 can take 12-15 months to be approved, so I need to somehow get legal working status until my EB-5 is approved. I want to use my own company to sponsor my H-1B, but someone told me that this will hurt my EB-5 application. Because I will apply for EB-5 as the CEO of my company, and will apply for H-1B as an engineer in my company, a different position shows up on each application. What problems can I expect if I apply for both at the same time? What can I do to increase my chances of success?
Should I maintain my current immigration status? My I-526 just got approved. Should I maintain my F1 immigration status? What could happen if I take a three or four month break before filing my I-485 petition? Should I be concerned about staying at an F1 status for too long?
How can I sponsor my child through the H1-B visa after I obtain my EB-5 visa?
Can I use retirement funds for EB-5? I have funds in a 401k retirement account. What is the process for using these funds toward an EB-5 investment? What kinds of penalties, if any, can I expect to pay? What should I keep in mind regarding the documentation of the legal source of my retirement funds, or other documentation?
How does prepayment of debt investment work? I work for a hotel developer considering EB-5 financing as an alternative to other sources of capital. My understanding is that to satisfy at-risk requirements, an EB-5 loan made to a developer through a regional center can't be repaid before investors receive visas typically three to five years from the time of investment. Why is this prepayment prohibition in place? How does it work in practice? Is there a prohibitive prepayment penalty in the loan agreement, or is it something else?
How can I invest in two businesses? I want to invest in an area of the United States with a minimum $1 million investment requirement, but I want to invest in two business, with a $500,000 investment in each business. How can I invest in both businesses to meet my $1 million minimum investment amount? What problems might I face?
Does USCIS audit contractors at the I-829 stage? At the I-829 stage, does USCIS audit third party general contractors that were hired by the project? What would this audit entail? What objections could USCIS have if a partner in the project also owns the general contracting company, and if the general contracting company made a profit? What should I keep in mind as I document these profits?
How can I get I-526 approval before my B-2 visa expires? I submitted my I-526 petition on November 1, 2013, and I have my B-2 visa until May 12, 2014. How can I get initial I-526 approval before my B-2 visa expires? I have seen that the EB-5 processing time can be as long as 12 months. What are my chances of being able to stay in the United States? If I travel now, what are my chances of being denied entry at a U.S. port?
How can I transfer my business to the United States for EB-5? I am an indie mobile application and game developer from Bangladesh. I have the necessary $500,000. How can I apply for the EB-5 visa in a TEA by shifting my sole proprietorship application and game business to the United States? What would the procedure be, and how long would it take? Would I have to hire 10 new workers, in addition to the ones I will be bringing over with me? What other requirements will I have to fulfill?
How long do I need to stay in the United States to keep my CPR status? How long do I need to stay in the United States each year to keep my conditional green card? My business is located in China, and I need to stay there for a long time. Also, how can my dependent go back to China to study without losing conditional permanent residency status?
How can I find regional center investment projects? I want to invest in a regional center. What are the steps to finding feasible regional center investment projects that are open now? What are some good sources for finding projects? What else should I know?
Can the EB-5 project have employees work in a non-TEA? I was wondering if my project would still quality as being in a TEA if my employees do most of their work in a non-TEA. For example, if I had a cleaning company with headquarters in a TEA, but with employees who worked mostly on cleaning buildings in non-TEAs, what problems could that cause? What do I need to know about EB-5 and TEA guidelines?
How can EB-5 investors pool money? What is the process for EB-5 investors to pool money to invest in multiple businesses across several industries? What are the risks and benefits of pooling money like this, and what are the restrictions? Also, how can an investor withdraw his or her initial investment after two years to invest in other businesses?
What documents do I need for EB-5? I am alone in the United States as a tourist, on a B visa, and I want to apply for EB-5 using a lawyer. What kinds of personal documents do I need? Also, I understand that USCIS requires bank statements to show the source of my funds. Can I use my online banking to pull the bank statements while I am in the United States? What else will I need? I just want to make sure I carry the proper documents when I decide to apply.
Do I have to invest the total amount at once? I'm planning to invest in a new business related to sports and entertainment. At the beginning, I would invest around $300,000. I would not create 10 full time jobs right away, but I would give a lot of business to other companies in the area. Then, if the project does well, I would create more jobs and be able to invest more money later. How can I make this business model work for EB-5? What would I need to do?
What should I know about direct EB-5 investments? I want to purchase an existing business that was established in 2007. Do I have to do any restructuring or expanding, considering the business was created after November of 1990? What other requirements related to the time the business was established should I consider? Also, I understand I need to maintain the existing employees and add at least an additional 10 employees. However, at what stage of the application is the amount of existing employees counted? The time that the I-526 is filed, or when the I-526 is approved? What else about this requirement should I keep in mind?
How much will the EB-5 program cost? I am alone in United States and have all the documents required to apply for the EB-5 program. I would say I am a straight-forward case. How much will the total attorney fees will be from start: I-526 until removal of conditions on my green card (I-829)? What other costs should I be wary of? What is the general estimate of what I will have to spend?
How should a regional center lease itself out? What are the best practices for a regional center leasing itself to a developer? What are the issues, pitfalls, and exposures, both with legality and compliance? How does USCIS look upon a regional center that leases itself out? What are the disadvantages to leasing out a regional center?
What is the normal processing time for I-485? An attorney submitted my I-485 application in June of last year, but I still haven't received my interview notice yet. What is the normal processing time for this? What are some reasons why I have not even received my interview notice?
How can I apply for EB-5 as a permanent resident of China? I am a foreigner with permanent residency status in China and married to a native from China. I have two kids, and the oldest is now studying in the United States. We are planning to immigrate to the United States through EB-5 (by going through a regional center and making a $500,000 investment). How should I proceed? How will it change the process with my wife and I being from two different countries?
How can I loan my son money for EB-5? My son and I are both Canadian citizens, currently living in the United States on E-2 visas. I want to loan my son $500,000 to make an EB-5 investment. How can I make this work? What kinds of documentation will I need for this case?
How can I use my existing investment for EB-5? I have an investment in my home country for a travel and tourism company. How can I make a branch of this company in the United States for an EB-5 petition? What pitfalls could I face? Is this even possible?
After how long can I move to the US? After I invest the full amount needed for EB-5, and apply for my EB-5 visa, how long will it take for me to be able to move my family to the United States? How can I make sure my kids will be able to study in U.S. public schools (i.e., will they need to apply for student visas while we wait for EB-5 approval)? What can I do to expedite the process of being able to move to the United States?
What are the requirements for the jobs created? Under the EB-5 program, what are the minimum wages a corporation needs to pay to its 10 employees? Also, how can it count part-time or hourly employees? Do all of the employees have to be full-time? What other requirements are there?
How does a business use EB-5 for funding? How does a business use the EB-5 program to get funding? What are the advantages of forming an EB-5 Regional Center as opposed to renting or buying one? What are the advantages of EB-5 capital, in comparison to other sources of capital? Where do I begin with an EB-5 capital raise?
How will a prior denial affect I-526 processing? My I-526 was denied due to project problems (regional center based investment). If I plan to reapply with a different project, how would the processing time be affected, as my source of funds is already approved? What other changes in I-526 processing could I expect?
Where does my family have to live? I'm interested in immigrating to the United States through the EB-5 program. When I come to the United States for the first time, is there a specific city or place I have to come to first? Where can my family and I live while we're going through the EB-5 process?
Can my spouse get a job while I do EB-5? While my family has conditional permanent residency in the United States, under EB-5, my spouse wants to have a corporate job. What kinds of jobs could my spouse have with conditional permanent residency? What requirements are there to get a job? Also, how much time will it take for me to get my permanent green card?
When in the EB-5 process is a child's age considered? I have a son who is turning 21 years old in February of next year. If I apply for the EB-5 visa as soon as possible, will my son be qualified to receive his green card? In other words, does the age of my son count for the time that I filed my I-526, or not until I receive my conditional green card? Is my son in danger of aging out? What can I do?
How long is the EB-5 process? How much time does it take to get the green card under the EB-5 visa after all the funds are available to be transferred? How long is the process from that point onward?
How can I use pre-investment or debt-financing? We are a real estate development company looking to raise about $3 million for an upcoming residential project in Texas. We have access to a wealthy investor from China. We understand that the process for him to get a temporary visa is rather long, about four to six months. We are trying to figure out a few things. How can he pre-invest before he receives a temporary visa, and have it still be considered legitimate towards the $1 million minimum he has to meet? What sort of management does he need to do? Will he need to relocate to Texas and be involved regularly? Does he need to be an equity investor, or can we do debt-financing? We know we'll need a lawyer for the process, but this would help us get started.
How do I transfer money out of China? To obtain an EB-5, the investment must be $1 million or more, but there are capital outflow restrictions for sending money out of China. How does a Chinese investor get $1 million out of China and into the United States to make the investment?
How much gift tax for EB-5 capital? I have a gift amount of $580,000 from my uncle, and I need to use this gift to apply for the EB-5 visa. What are the taxes for this gift, from me and from the uncle who gifted these funds? My lawyer required my uncle to file form 907 for gift tax, and if I owe taxes for this gift, how much will it be?
How will overstaying my visa affect my EB-5 application? I am a business owner with 27 full-time employees. I arrived to the United States in 2003 with a tourist visa. I overstayed my visa, and now it is expired. I was in the process of deportation in 2009, but I was granted prosecutorial discretion. I applied for a U visa in 2010, and so far I have no answer. How will overstaying my tourist visa affect my changes of obtaining EB-5 approval? What will happen to my EB-5 application if I am approved for my U visa?
How can I find EB-5 investors? I have a very good project which needs $1 million in funding and is related to healthcare industry. The project plan and all its financial details are ready. What can you suggest for how to find EB-5 investors? What companies will help you find investors? What is the first step in this process?
How soon may my I-485 be approved? My I-526 was approved in August of 2013, and my I-485 was filed in September of 2013. I received my employment authorization document and advance parole card before Christmas. How soon I can get my I-485 approved? My case is in the California Service Center. It seems to me that the process in foreign consulate is faster than in doing adjustment of status in the United States. Why is that the case?
How can I get investment funding for my business through the eb5 program? I am a US citizen
How can you get access to eb5 investors directly without going through a regional center? I'm interested in opening several restaurant franchises in my area
If the owner of a regional center goes to China and promote his projects directly to immigrant investors, does he need a license and/or register with the Chinese government? Thanks a lot!
After an I-526 petition is approved from USCIS, can a foreign investor submit I-526 petition again through different EB5 investment opportunity? The first project looks like not to create 10 jobs and there is chance of denial in I-829 petition.
I heard that to qualify or get the case approved for direct investment ($500,000), i have to have hired some employees and rented the space, furtnure, etc. otherwise, the case will have hard time to be approved. i'm not very sure if this is correct, please help.
I am an entrepreneur in the Dallas Texas area interested in obtaining EB5 financing for a business idea. Who should I seek advice form?
Does anyone know any information about how many Vietnamese investors have been able to successfully invest in US EB-5 projects? Someone recently told me that so far ONLY 2 Vietnamese have successfully been cleared to invest by the government. Can this possibly be true?
Does using a labor leasing company or Pofessional employment Organisation still considered an creating employment under EB-5. A labor leasing or PEO basically acts as HR department which provides small busniess with workers. They do the payroll processing, payroll tax filings, wokers compensation claims management etc. They charge a fee , they take over the employees and lease them back to the company. I still see this as creating jobs. Altought I dont pay payroll tax under my company, I am leasing work force and still paying payroll tax trough leasing company. But want to know if immigration see it the same way.
How can an out-of-status person go through with EB-5? I entered U.S. legally as a student and I'm on my OPT right now. I'm thinking of starting a business here and I was wondering if I stay longer than my OPT "deadline" (in 2014), will I be able to go through EB-5 when I accumulate enough wealth?
I have won some money though betting on a sport .in my country betting is legal and tax fee. the betting company can prove the source of my winnings I even have the betting slips. I have only held it for 3 months in my bank account . would it qualify as a legal source of funds? how long should I hold it in my account to qualify ??
I am a Canadian and sole owner of a software company valued at nearly $10M . I am talking to some Silicon Valley based investors to raise about $2M in a series A. How can I use that investment for my Eb-5 green-card? I would need to be in the Valley to make my business successful Since I am fund-raising, technically I am selling an asset (shares in my company) and therefore meeting the at-risk requirement. Is that valid under Eb-5 requirements?
How can I find projects and attorneys who can speak Vietnamese? I am a Vietnamese investor. I am looking for an EB-5 investment project in the United States. However, my English is not very good. Which projects or attorneys can speak to me in Vietnamese? How can I find them?
How restrictive is the medical screening for U.S. immigration? I will be turning 21 on the 18th of January 2015. What potential implications for my family's EB-5 immigration will this cause if my father is the primary applicant of the EB-5 visa? My dad underwent angioplasty with a stent put in as a result of an angina attack once; he is now healthy, but also has Type 2 diabetes. Is this any cause for concern in terms of the medical screening process for U.S. immigration? How restrictive is the medical screening?
How can I make an earlier investment qualify for EB-5? I am a partner for a company in Asia. In October of last year, my company invested $1.5 million in a real estate project in Texas. Since then, we have hired 20 employees already, and I am the sole owner of the U.S. company. How can I apply for the EB-5 category now with that investment? What premium processing options do I have?
How can I qualify a well-known restaurant for EB-5? I plan to help a well-known Asian restaurant brand open 20 new restaurants in New York City within two years. How can I make that expansion qualify as an EB-5 project? What requirements will I need to keep in mind?
What is the job creation time frame? What is the time frame for creating jobs in a regional center project? More specifically, when do I start counting the jobs for the two-year window?
How do I track a regional center on behalf of a project? I have brought a deal to a company that has filed the necessary paperwork with the government in regards to EB-5 funding through a regional center, and supposedly has the backing money-wise. Is there anyway to track, through the government, how far they have come along in the EB-5 process? My customer paid them an upfront fee almost a year and a half ago. They claim their I-924 applicant forms are filled out and filed, but I have no way to verify this but their word. How can I know that what they're saying is true?
How can a same-sex couple qualify for EB-5? I am a gay person in Taiwan with a Taiwanese partner. We have a nine-year-old son who is under the custody of my partner. My partner and I have no legal relationship now. How can we three apply to immigrate to the United States as a family?
How will indirect job creation work for my project? I am looking at an EB-5 project that has received I-924 approval (actual project with exemplar I-526 petition). I was told that this project only uses indirect job creation, because the construction is less than 24 months. According to the I-924 document, this project can create 17 indirect jobs per EB-5 applicant, which seems very secure to get an I-829 approval when the time comes. 1) What concerns do you have with this job creation based on the limited information? 2) This project is financed by both the government and EB-5 investors. How much capital expenditure will be used for the EB-5 job creation calculation? Will only the portion injected by EB-5 investors be used? 3) How will the timing of the capital injection impact the job creation? For example, the project will be completed in the coming July, but the fund won't be released to constructor from an escrow account until the EB-5 investor gets I-526 approval, which will be later than the construction completion date.
How can a permanent resident become a regional center principal? I want to set up an EB-5 Regional Center, but I am currently a U.S. permanent resident, not a citizen. Am I still qualified to apply to create an EB-5 Regional Center as a regional center principal? What obstacles could I have with my status?
What are the risks of the EB-5 program? I am an Australian Citizen, and have been running two bakery cafés for the past four years. I have about six years of business and four years of business banking experience. How can I pursue my business interest in the United States and migrate under this visa class? I have heard there are some drawbacks to the program. What are the risks of the EB-5 visa?
How will EB-5 conflict with a family visa application? I have already applied for a green card through my brother, and this has been in the process for many years. What conflicts could occur if I apply for the EB-5 visa while the family visa is still processing? What obstacles might I run into?
How can I travel with a visitor visa while applying for EB-5? I just submitted my EB-5 application to the National Visa Center. How can I travel to the United States with a visitors visa while that is still processing? What obstacles am I likely to encounter?
How will I do day-to-day management? I am currently on an E-3 visa. I am planning to invest $1.5 million in a new commercial enterprise. What will be my immigration status while my I-526 is under process? As the regulations say, I am supposed to be actively involved in-day-to-day activity for the business. How will that be possible without a valid status?
How should we attract Chinese investments? We just got approved by USCIS to make a regional center. What is the best way to raise the EB-5 funds that we need for projects? Would it be better to find brokers/finders located in China, or to open our own office in China? Why?
How are jobs allocated in a mixed-capital project? As an example, if a project (within a Targeted Employment Area) costs $50 million to construct, and it takes in $5 million of EB-5 capital, does it need to create 1,000 direct and indirect jobs for the I-829s to be approved? Or only 100 jobs? Does EB-5 capital get credit for all the jobs created in a project, or just the portion of the project that was funded with EB-5 capital?
How can my projects work for EB-5? I want to start a company that operates two businesses. The first business is related to public service, and the second is a staffing company. How can I make these projects work for EB-5? What obstacles might I encounter
How can a non-accredited investor use the EB-5 program? How is it still possible to invest in a regional center even when you do not have "the accredited investor status?" An accredited investor has a net worth which exceeds one million or has a certain degree of annual salary. I currently have the required funds, which just about exceed the $500,000 USD needed to invest, and also the money required to hire lawyers and pay any fees requested, but do not fit in the definition of an accredited investor.
How can a staffing service qualify for EB-5? I am planning to open a company which can create only three full-time jobs, but its fully owned subsidiary can create seven jobs. The subsidiary company operates as a staffing company for other companies. If other companies need to hire trained employees, we can send one of our employees from the staffing company. How can I apply for EB-5 with the main company? Will those seven jobs from the staffing company count as direct or indirect jobs? How can I make this arrangement work?
How can I use contract employees? My business is such that I would need contracted employees and not direct employees. My employees would be people being paid salary by their employers, whom I would have contact with, but they would work exclusively for my company. For proof of this arrangement, I can present my contract with these companies, salary slips of the employees, and a letter from the contract companies stating that these people work exclusively and full-time on my projects. What else will I need to make this work for EB-5?
How may I earn money by referring clients? I want to refer investors to specific EB-5 projects as a profession. How can I collect a fee for doing so? Which professions refer investors to EB-5 projects for money?
What if my EB-5 investment fails after two years? What if my EB-5 investment fails after the two years? I am planning to do EB-5 by myself; my husband is a PhD student at one of the top universities. My question is, can I get my conditional green card, while my husband maintains his F-1 status, if my investment fails (and I can't file the I-829 two years later)? My husband can go through EB-1 to get a green card. Would it be better if I followed my husband with his green card application process, or his H-1B, and then apply for H-4 without leaving the United States?
What if the created jobs aren't permanent? I can get the I-829 as long as a EB-5 Regional Center creates 10 job positions indirectly. But if the EB-5 project finishes, the 10 jobs position will disappear; in this situation, can I remove the conditions on my permanent residency? How long do the 10 jobs have to last?
What are restrictions on conditional permanent residency? What are the differences between conditional permanent residence and permanent residence? More specifically, if I got the conditional permanent resident card, how could my parents apply for a B-2 visa and visit the United States?
How can I pay my EB-5 loan early? In order to pay the EB-5 investment requirement, I plan to take out a bank loan using property as collateral. The loan term will be more than three years, but I want to pay it off earlier. How can I pay off the loan in a few months and still qualify for EB-5?
How can I bring children from a previous marriage? My fiance and I will marry soon and will be applying for an EB-5 visa. She has two children from her previous marriage. They are both under 21 and unmarried. I don't think the biological father will allow for me to adopt them, but he does agree for the children to live here in the United States with us. What are my options? What problems could we have bringing the children to the United States?
How can I make my EB-5 investment work? For my EB-5 project, I am planning to buy a company for about $600,000. It it in a targeted employment area and has a dual portfolio: the company develops software and does medical billing, as well as invests in properties. How would it be possible for me to buy that company and through that corporation invest my money in real estate and operations/growth of the company? Most of the jobs will be made in software development, but most of the investment will be in real estate. How can I make this eligible for EB5?
What are the specifics of getting citizenship? I have a few questions about the green card and citizenship. Is the attorney sending the I-526 to USCIS electronically or using regular post? After removing the conditions on the green card, why is the green card only valid for 10 years? What will happen if someone has a green card, but is not interested in becoming a U.S. citizen? And what will happen if the person applies for citizenship and the application is denied?
How can I invest in a residential real estate project? I want my EB-5 investment to be $1 million towards an upcoming residential real estate project in Miami. I am planning on buying an apartment in this upcoming project at above $1 million. The duration of construction is two years. It's a 50 story building. How can I make this work for EB-5?
When during the EB-5 process do I have to be in the United States? I am currently not residing in the United States and am interested in investing in the EB-5 program. Am I required to travel to the United States to open the escrow account, or can my attorney do it for me? Besides the interview, would there be any stage of the EB-5 application when I would be required to be in the United States?
How can the spouse of an H-1B/F-1 holder invest in EB-5? I am in the country as a dependent of a H-1/F-1 visa holder, and I want to invest directly to establish a business and obtain a visa under the EB-5 program. The H-1/F-1 holder should in turn be able to adjust his status to become the spouse's dependent under the EB5 program. How can I make this work? What steps do I need to take?
Can I accept investments before the I-924 is approved? An investor wants to invest at same time I am filing the I-924; that is, prior to the regional center's approval. Assuming the regional center is approved, and the entire amount is at risk at the time of later filing the I-526, will the early investment count for I-526 purposes? How can I make this work for EB-5? If it doesn't work, what are my alternatives?
What are common reasons for delays or rejection of EB-5 applications? What are the most common reasons for delays or rejection of EB-5 applications? How important is it for an application to know fluent English? What tests are there, if any?
How can I pay migration agencies to find investors? I am a regional center principal and want to find EB-5 investors. How can I pay licensed agents in China for finding EB-5 investors for my projects? What should I keep in mind?
How can I operate a business during the I-526 waiting period? I want to invest in a business from scratch while on an H-4 visa. How can I operate and profit from the business while waiting for the I-526 petition approval? If this is not possible, what are my other options for meeting the commitment of funds requirement while waiting up to 19 months for I-526 approval?
How can I abandon my residence without affecting my parents? I received my green card through my father after he applied for an EB-5 investor visa. We have a pending I-829 (to remove conditions on our green cards). My father is the principal applicant, and my mother and I are the derivatives. I (the derivative) want to abandon my green card and pending I-829. How can I do this without affecting my father and mother's pending I-829 application? I want to leave the country, but my mother and father still want to stay in conditional residence.
What are the costs associated with EB-5? I am interested in the EB-5 program and want to know more about its associated costs. What are the costs associated with opening a regional center? What are the costs associated for EB-5 immigrant investors? What do lawyers normally charge for their services to regional centers and immigrant investors?
Why has my I-829 been pending for 13 years? I came into the United States in 1999 after my father received his green card through the EB-5 program. We received a two-year green card and requested a removal of our I-829 condition in 2001. It has been over 13 years now, and our I-829 is still pending. Since my father was the petitioner, my brother and I are his dependents in this case. I have been going to the infopass appointments every year to renew the conditions on my green card, since it expires every year. How can I move forward with this case? I recently married my wife, who is a U.S. citizen, and applied for an I-485 to adjust my status so that I can be under her case. However, after my interview, I was denied since I already have a green card. Additionally, my father plans on retiring overseas and removing his green card. How will that affect my brother and my status here in the United States?
How can I invest in houses as a construction company? I want to apply for an EB-5 visa. My daughter is 24 years old. How can I ask for her to be included on my EB-5 visa? Also, I am interested in investing by myself. Is it possible to invest as a construction or real estate company and rent some houses? How can I make this work for EB-5?
How can I use EB-5 for restaurant start up? I am just starting to learn about EB-5. I have 18 years of experience with five nationally recognized groups, and have a full pitch deck presentation and business plan ready. How can I use EB-5 to raise capital to open a start up restaurant in New York City?
How can I find direct investment projects? How do you connect an investor with worthy projects that are not through regional centers and that meet the EB-5 criteria for job creation and TEAs? I am an attorney with small business and start-up clients who would like to connect with investors and get funded through this program. Also, what is the average cost, legal and otherwise, to complete this process with USCIS? Finally, if you are located in a TEA-approved area, do you still have to submit economic data?
How can I sponsor elderly parents as my dependents? We are a young family; my wife and I and five-year-old twins will apply for EB-5. How can I sponsor my mother as a dependent on my application? She is 78 years old. My wife and I are Indonesian passport holders, but my children are New Zealand-born, and so are citizens of New Zealand. On the other hand, my mother is Australian. How will this all factor in?
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