Category Archives: EB5 USA Investor Visas

How to Emigrate to the USA for Retirement

USA EB5 visas

Emigrate With Our USA Retirement Visa Solution

US retirement Visas approved in only Six weeks

We help private clients find US retirement options that fit their lifestyles...and exceed their expectations. 

Investment criteria to retire in the USA

Since the USA does not have a formal retirement visa, Haskew Law tailors their services to secure the most appropriate visa class that will provide our clients a Green Card and Permanent residency in the USA as quickly and efficiently as possible. Today, the most popular option available for permanent residency requires an investment for 4-years in the USA:

The Most Popular USA Retirement Visa

The investor Visas by our clients who wish to retire to the US and is now one of the most popular investment visas available today, due to the stability and regulatory controls the USA affords their investors and the low cost of investment.

Your Investment For Retirement Options In Brief

We have developed effective US immigration compliant options for Retirees. Allowing our clients to secure permanent residency in the USA to enjoy their retirement in the state of their choosing.

1. Guaranteed Investments For Retirement

Haskew Law has exclusive access to several of the securest investment opportunities available in the USA today. 

2. Investments In Qualifying Targeted Employment Areas (TEA)

A 500,000 USD is the minimum investment requirement in a compliant project.

The Benefits Of Our Retirement Visa Solutions

  • Low tax environment with multiple tax reclaim programmes
  • The world's largest Economy and free market
  • Business-friendly environment
  • Permanent Residency - Green Card for the whole family
  • No restriction on the purchasing of property
  • World leading regulatory and judicial systems
  • Tax effective Investment Laws
  • Dual Citizenship permitted
  • No minimum or maximum age limit
  • Access to free education
  • Access to unparalleled health care
  • Fast, easy process to secure your permanent residency

Eligibility Criteria

  • 500,000 USD Investment in a regulated fund for only four years
  • Approved support from an accredited programme within an approved TEA

Our services include securing the necessary backing of an accredited TEA and investment fund along with providing access to the required investment opportunity to make this your us retirement possible. We offer our clients with exclusive access to investment opportunities that are both secure and immigration compliant.

All our retirement services are tailored to meet our clients' needs while protecting their best interests and investment throughout the process of emigrating as an Investor to the USA.

EB-5 Investor Visas Versus E-2 Entrepreneur Visas

EB5 and E2 Visas Compared

Advantages of E-2 Treaty Investor Visa

Investment required must only be "sufficient" and the business "non-marginal".

It is commonly understood that investments of less than USD $100k will be subject to more intense scrutiny -- however we have had success with applications under this amount.

The "non-marginal" requirement means that the business should expect to create more than just a subsistency income for the owner's family. The goal is to create wealth that spreads to potential US employees, and perhaps eventually other US investors and shareholders.

 

The E-2 visa holder's spouse may apply for work authorisation, which will be applicable for any job they can find -- not just working for the visa holder's (family) business.

 

 

In most states, children of E-2 visa holders qualify for free or in-state tuition rates at state universities until they are 21 or cease to qualify as E-2 dependents.

For most, this will be long enough to graduate from a four-year US university.

 

Holders may re-enter the US so long as the E-2 visa remains valid.

The E-2 visa is referred to as a 'treaty investor' visa because it is underpinned by bi-lateral treaties with friendly US trading partners.

Here is the complete E-2 reciprocity schedule, including the maximum number of years a visa can be issued per eligible country, and how many times the visa may be renewed:

United Kingdom (5 Years, Multiple)

Albania (3 Years, Multiple)
Argentina (5 Years, Multiple)
Armenia (5 Years, Multiple)
Australia (4 Years, Multiple)
Austria (5 Years, Multiple)
Azerbaijan (3 Years, One)
Bahrain (3 Years, One)
Bangladesh (3 Years, Two)
Belgium (5 Years, Multiple)
Bolivia (3 Months, One)
Yugoslavia: Bosnia and Herzegovina (1 Year, Multiple)
Bulgaria (5 Years, Multiple)
Cameroon (1 Year, N/A)
Canada (5 Years, Multiple)
Chile (5 Years, Multiple)
Taiwan (5 Years, Multiple)
Colombia (5 Years, Multiple)
Congo (Brazzaville) (3 Months, One)
Congo (Kinshasa) (3 Months, Two)
Costa Rica (5 Years, Multiple)
*Yugoslavia: Croatia (5 Years, Multiple)
Czech Republic (5 Years, Multiple)
Denmark (5 Years, Multiple)
Ecuador (3 Months, Two)
Egypt (3 Months, One)
Estonia (5 Years, Multiple)
Ethiopia (6 Months, Multiple)
Finland (2 Years, Multiple)
France (5 Years, Multiple)
Georgia (1 Year, Multiple)
Germany (5 Years, Multiple)
Grenada (5 Years, Multiple)
Honduras (5 Years, Multiple)
Ireland (5 Years, Multiple)
Italy (5 Years, Multiple)
Jamaica (5 Years, Multiple)
Japan (5 Years, Multiple)
Jordan (3 Months, One)
Kazakhstan (1 Year, Multiple)
Korea (South) (5 Years, Multiple)
Yugoslavia: Kosovo (1 Year, Multiple)
Kyrgyzstan (3 Months, Two)
Latvia (5 Years, Multiple)
Liberia (1 Year, Multiple)
Lithuania (1 Year, Multiple)
Luxembourg (5 Years, Multiple)
Macedonia, The Former Yugoslav Republic of (FRY) (5 Years, Multiple)
Mexico (1 Year, Multiple)
Moldova (3 Months, Two)
Mongolia (3 Years, Multiple)
Yugoslavia: Montenegro (1 Year, Multiple)
Morocco (5 Years, Multiple)
Netherlands (5 Years, Multiple)
Norway (5 Years, Multiple)
Oman (6 Months, Multiple)
Pakistan (5 Years, Multiple)
Panama (5 Years, Multiple)
Paraguay (5 Years, Multiple)
Philippines (5 Years, Multiple)
Poland (1 Year, Multiple)
Romania (5 Years, Multiple)
Yugoslavia: Serbia (1 Year, Multiple)
Senegal (1 Year, Multiple)
Singapore (2 Years, Multiple)
Slovak Republic (Slovakia) (2 Years, Multiple)
*Yugoslavia: Slovenia(5 Years, Multiple)
Spain (5 Years, Multiple)
Sri Lanka (3 Years, Multiple)
Suriname (5 Years, Multiple)
Sweden (2 Years, Multiple)
Switzerland (4 Years, Multiple)
Thailand (6 Months, Multiple)
Togo (3 Years, Multiple)
Trinidad and Tobago (5 Years, Multiple)
Tunisia (5 Years, Multiple)
Turkey (5 Years, Multiple)
Ukraine (3 Months, Two)
United Kingdom (5 Years, Multiple)

Disadvantages of the E-2 Visa:

E-2 visa renewals are generally denied if the business is borderline successful or struggling.

Anecdotal evidence suggests that USCIS is applying tougher standards for what qualifies as a successful business.

That said, the E-2 can be a relatively quick visa to acquire, and if you're interested in pursuing a business with a limited trajectory (before selling on, or closing), then the E-2 may still be your first choice.

E-2 visa holders can only work for the investment business, which served as the basis for the E-2 visa application.

However, spouses who secure an E-2 dependent's visa may secure a work permit that allows them to take a job wherever they can secure an offer.

If business fails, holder must leave US even if their E-2 status has not expired

And they are not allowed to start a new or different business, without first applying for a fresh E-2 to cover their work for the new enterprise.

Children no longer qualify for dependent visas when they turn 21, so they must then qualify and apply for a different visa (typically a student visa, or more rarely a specialist visa) if they wish to stay in the U.S.

The E-2 visa is classified as a "non-immigrant" visa, which means it will never lead to permanent residency.

While it does not bar a person from pursuing permanent residence, it also does not provide a basis for qualifying for permanent residence.

When E-2 visa holders sell or close their sponsoring business, they must either leave the U.S. or qualify for a different visa, if they wish to stay in the U.S.

As a non-immigrant visa, there is no path to permanent residency.

This is a key difference for clients who might be considering investing a similar amount in an EB-5 programme, which does lead to permanent residency.

E-2 visa holders do not qualify for the benefits enjoyed by permanent residents like homestead exemption, eligibility for federally insured student loans, certain types of financial aid and scholarships for university studies, among other things.

For applicants from applicable countries, E-2 visa holders and their families may be issued E-2 status in the U.S. for up to five years.

However, many treaty countries have limits of only one or two years, or even just a few months.

Even if the E-2 is renewed upon request, the increased burden of international travel can become costly, especially for larger families.

EB-5 IMMIGRANT INVESTOR VISA

The EB-5 visa is an immigrant visa, i.e., it leads to permanent residence.

The EB-5 visa requires a minimum investment net worth of USD $1 million, and of $900,000 in a Government-approved investment.

A Regional Center is a legal entity, organization, or a municipal or state agency that has been approved by the US government to accept funds from foreign nationals specifically to qualify for permanent residence based on their investment.

A Regional Center sets up limited partnerships, each with its own business activity, and manages the business of the limited partnerships as the general partner. Foreign investors who wish to obtain permanent residence in the United States may become limited partners through a $500,000 investment in a project (again, $900k from 21 November 2019). The investor is not involved in the daily management of the Regional Center.

Regional Centers must create at least 10 new, full-time jobs per investor for the investors to be approved for permanent residence. These jobs can be direct, indirect, or expenditure-based jobs. Each Regional Center Business Plan contains a “job creation methodology” on which the Center’s job calculation is based.

The investor must prove that he/she has invested funds that were obtained through legitimate means such as employment, business ownership, investment, inheritance, or a gift. USCIS expects the investor to provide tax returns from the investor’s home country or country of current residence, and to document clearly how the investment funds were obtained.

USCIS requires that the investment be “at risk” in the commercial sense; thus, the Regional Centers cannot guarantee the return of the investment funds.

EB-5 IMMIGRATION PROCESSING:

After the investor has made a $500,000 investment (NB: $900k after 21 November 2019, see above), the immigration attorney files the Immigrant Petition with USCIS on behalf of the investor. At this stage, processing can take anywhere from 1 to 6 months, depending on the Regional Center.

Upon approval of the initial petition, the attorney files for consular processing of an immigrant visa for the investor and his/her family, or for adjustment of status in the U.S., if the investor is in the U.S. with a long-term visa.

The initial conditional Green Card is issued for 2 years. Before the end of the 2 years, the investor’s attorney must file for the removal of the green card condition. To qualify for the permanent green card, the investor must prove to immigration that the investment is still in place and that the Regional Center has created 10 jobs per investor, as per the previously approved business plan.

ADVANTAGES OF THE EB-5 INVESTOR PROGRAM:

The investor can live in the U.S. State of his/her choice, and does not need to manage the investment business;
EB-5 investors may work for any employer in any position; they may operate their own business; or, they may retire;

Unlike E-2 investors, EB-5 green card holders do not have to leave the U.S. at regular intervals, and they can manage their own business without visa constraints;

EB-5 investors and their family members can freely enjoy the many benefits of permanent residence in the U.S.;

The children of EB-5 green card holders are free to work or to attend the school of their choice, and they qualify for scholarships and in-state tuition;

There no repeated visa denial worries for EB-5 green card holders;

DISADVANTAGES OF THE EB-5 PROGRAM:

Some people find the following requirements for permanent residence inconvenient:

Green Card holders must establish residence in the U.S., and they must be present in the U.S. at least 180 days/year (unless they apply for a re-entry permit);

Green Card holders must declare their worldwide income and assets in the U.S. for tax purposes.

The minimum investment requirement is higher, namely $500,000 rather than $150,000+.  That difference will grow dramatically when the minimum EB-5 investment is incrased to $900k after 21 November 2019.

Under the regional center version of the EB-5 program, the investor does not manage the business himself. For entrepreneurial investors, this is a disadvantage, since they typically like to have more control over their own destiny. For people who just want to retire to the U.S. and not work, or who want to work as an employee in a type of job that would not normally qualify for a work visa in the U.S., then this is not a disadvantage. Also, for people who want to develop a business or pursue investment activities in the U.S. that would not normally qualify for a visa, then the freedom from operating the business that underlies the EB-5 green card is an advantage.

There is another version of the EB-5 program, which enables an entrepreneurial investor to qualify for the EB-5 green card based on investing in and developing their own business and creating 10+ new, full-time jobs.

EB 5 Visas And Things Investors Need To Know

USA Visas getting harder

EB-5 DUE DILIGENCE ISSUES

The following is a suggested due diligence list:

1: When was the regional center approved by USCIS?

Regional centers that have more recently been approved may have a minimal track record of successful immigrant petitions. Some have been inactive. Some have lost their regional center designations.

2: Has the regional center’s project that the investor is investing in to obtain conditional residence been reviewed and approved by USCIS?

USCIS has recently unveiled a new process where regional center projects can be pre-approved. This pre-approval does provide an added level of security.

3: Is there any AAO decision addressing the regional center’s program?

AAO decisions blessing the regional center’s project or business plan may provide an added level of security.

4: Is the regional center affiliated with any government entity?

If so, an added level of credibility exists.

5: What experience does the general partner or principal in the investment project have in working with immigrant investor programs?

An investor may want to invest in a regional center where the principals have experience in directing regional center projects and in creating jobs.

Complete our free assessment form below for feedback from our UK based experts, or read on below for further points.

Recent Investment Opportunities Our Clients Benefit from

The Four Seasons hotel is an instantly recognisable brand owned jointly by Bill Gates and Prince Waleed of Saudi Arabia. They currently have ambitious development plans for New Orleans making this an incredibly attractive investment opportunity for our client to secure residency-by-investment in the USA. Watch our video to discover more.

 

Our suggested due diligence list continues:

6: Does the regional center investment include direct job creation, indirect job creation or both?

Although indirect job creation is acceptable for regional centers, projects with at least some significant amount of direct job creation may be safer.

7: How many I-526 and I-829 petitions have been filed by investors in the regional center? How many have been approved? How many have been denied?

A substantial record of I-526 and I-829 approvals is a good indication of a successful regional center.

8: What is the amount required to be paid by the investor?

Regional centers have additional costs besides the $500,000 investment. What are these costs?

9: Is payment made into an escrow account? Is the investment amount refunded if the I-526 is not approved?

The investor may want some assurance that should the I-526 fail, the investor’s $500,000 will be returned.

10: When will the investor be able to redeem his or her investment following condition removal and with what rate of return?

A financial professional should be able to advise the investor regarding the security of the investment, when the investor may be able to recover his investment and likelihood and amount of return on the investment.

11: What type of investment is being made with the investor’s funds?

Investments may be made in a wide variety of projects from construction to film production. Certain investments may be better able to withstand economic downturns.

12: What type of reports does the regional center provide to investors and when are these provided?

An investor should be able to monitor a project to determine that progress of the project is in accordance with the business plan for the project.

13: What is the regional center’s plan for demonstrating direct or indirect job creation, and is this plan realistic?

Various econometric models exist for demonstrating job creation. It may be very difficult in some cases to show indirect job creation based upon certain models.

14: Who represents investors in the regional center?

Some regional centers mandate the use of their attorney exclusively. Others permit the investor to have his or her own private counsel, often partnering with the investor’s counsel.

15: Is the success of the regional center project dependent on bank financing, or the ability of the center to raise certain capital?

If so, the center may never get off the ground.

We Answer Your EB-5 Visa Questions

USA EB-5 Visas FAQs

EB 5 Visas - Your Questions - Answered

NB: Deadline approaching to secure $500k visa before jump to $900k

A long anticipated EB-5 rules change announced in July means investors only have until 21 November 2019 to file, for those who want to take advantage of the $500k minimum investment. After that date, all filings will be subject to the new minimum rate of $1.8million for direct investment, and $900k for the more popular regional development option.

How quickly can I secure a Green Card?

Haskew Law currently has exclusive access to many of the leading investment opportunities across the USA. Our priority EB-5 Visa investor programme allows clients to secure investment approval towards a Green Card application in as little as six weeks from date of their submission. 

What are the basic requirements to be eligible for an EB-5 visa?

The central requirement is the ability to invest funds in the US. The minimum investment varies, as there are two types of EB-5: direct investment visa, and regional development centre investment visa. Confusingly, both are referred to as EB-5's. 

A direct investor applicant must establish a business OR invest into an existing business (created or restructured after 19 November 1990) and is required to invest USD $1million into that business (plus fees and costs). The investment must also create at least ten full-time jobs for legal U.S. residents or citizens.

By contrast, regional development centre investors must post an investment of just USD $500k (plus fees and costs) for a minimum period subject the terms of the investment. But note: the £5ook minimum jumps to $900k after 21 November 2019.

Why choose the EB-5 investor visa programme?

The EB-5 Investor Visa program presents outstanding opportunities for many overseas investors to become permanent residents of the United States. Choosing to invest in an EB-5 Visas program allows foreign investors, their spouse and children (under the age of 21) to obtain conditional green cards so that they can attend school, legally work in the United States if they so choose or simply enjoy retirement while living anywhere in the United States. All of this while creating jobs, promoting economic growth and improving productivity within the geographic region.
Some of the benefits of investing into an approved Regional Center in a Targeted Employment Area (also known as a TEA):

  • USD$500,000 Investment (rising to $900k after 21 November 2019)
  • No need to buy or manage a business
  • Live and work ANYWHERE in the United States
  • Invest in a stable business environment for the long term. The United States is a country of strong and trusted institutions, where daily business activities are guided and governed by strict laws and regulations
  • The sponsors of our investment opportunities are well-known, reputable and successful community leaders
  • The businesses are in well-established sectors of the US economy with proven financial results
  • Investment provides diversity in current business endeavours
  • Business operations and management of your investments are handled by experienced professionals
  • Your investment will be returned to you if your application is not approved

A Fantastic Investment Opportunity Today

The Equestrian in North Carolina project has not only stimulated the local economy but has grabbed the attention of the equestrian world. It is possibly the finest centre of its kind in the world today attracting visitors not just from across the USA but worldwide. Recently playing host to the World Equestrian Games in 2018. An investment of USD 500k is required for five years  We provide our client access to continuing investment opportunities while places last. Green Card approval in only six weeks.

 

Q: What is the Regional Centre Investment Programme?

In 1990, the United States Congress established the EB-5 as the fifth employment-based preference category for immigrants seeking to enter the United States, by enacting the Immigration and Nationality Act, which is intended to benefit the U.S. economy by generating new economic activity and increasing employment in targeted areas.

The key section of the legislation (section 203(b)(5)) makes foreign nationals eligible for permanent residency by engaging in a commercial enterprise that will benefit the American economy and directly create at least 10 full-time jobs for U.S. citizens, lawful permanent residents, and other immigrants lawfully authorized to be employed in the United States.

The minimum qualifying investment amount is $500,000 for commercial enterprises located within a rural area (or a targeted employment area), whereas the minimum is otherwise $1,000,000.

In the simplest terms, this means that as a foreign investor you have the choice to invest either USD $500,000 or USD $1,000,000 into the development of a business or project in the US if you can provide evidence that your investment creates at least 10 jobs for US permanent residents (not including yourself or family) in the US economy. You will also need to become a “limited partner” in this new business and share in the profits of this company based on an agreed upon percentage of ownership.

These investment funds must be invested into the operations of the business and the funds must be “at risk” with no form of guarantee. This is not a passive investment (such as purchasing shares of stock) however you are also not required to have a day to day involvement in the business.

Congress allocates 10,000 immigrant visas annually for this employment-based preference, the EB-5 category. At least 3,000 of these visas are set aside each year for those who utilize a designated Regional Centre or TEA status, although in practice most investors choose the USD $500k Regional Centre route.

The EB-5 program does not discriminate on the basis of education or prior experience and does not require a sponsor. Additionally, there is no requirement to speak English or pass an English exam, and the EB-5 category allows the family (including any children under 21 years old) to be part of the process.

As an EB-5 Investor, you are also free to reside anywhere in the United States that you choose.

Q: What are the EB-5 investment guidelines?

The law requires that the foreign applicant to have invested, or be in the process of investing, the necessary capital into an approved EB-5 project.

These investment funds must be invested into the operations of the business and the funds must be “at risk” with no form of guarantee.

This is not a passive investment (such as purchasing shares of stock) however you are also not required to have a day to day involvement in the business.

Q: What are the capital investment amounts required?

The basic EB-5 Visa investment amount is USD$1,000,000. However, the required investment is USD$500,000 for an established business in a Targeted Employment Area (TEA).

This is defined as an area with an unemployment rate of 150 or more above the U.S. national average or in a rural area (defined as being within the boundary of a city or town with a population of 20,000 or less).

Q: What types of capital can be invested?

 Investment in the EB-5 Visa program can be made in the form of cash, cash equivalents, equipment, inventory or other tangible property

▪ Capital does not include loans made by the investor to the venture, however, the investor may borrow the investment money if it is secured by assets owned by the investor, provided the investor is personally liable for repayment of the loan

▪ The investor may receive a gift of funds if all applicable taxes required by law have been paid. Source of capital

▪ When the investment is made into the respective project the USCIS is notified. The current guidelines indicate a required investment for a TEA at USD$500,000. Prospective investors are eligible to invest the required amount alone, create a qualifying business with other foreign investors and/or with a U.S. citizen or other people not seeking classification as a foreign investor. In these types of cases, all persons seeking classification as a foreign investor must have invested the required amount of USD$500,000, however, each investor can use the same employees to reach the required 10 new positions

Q: What does it mean that funds must be “at risk”?

The USCIS requires validation that all capital investments are classified as “at risk” with no guarantees being made by the project to the investor.

This is to confirm that the capital will actually be used for the purpose of creating jobs and profit-generating activity.

Proof of actual business activity is also required and the use of capital investment for expenses or reserve accounts unrelated to job creation does not constitute “business activity”.

In practice, investors may use legal and financial strategies to minimise these risks. However, it is imperative that you seek professional advice to ensure your strategy is not so aggressive (or, conservative) as to fall foul of the "at risk" rule.

Q: What does verification of the lawful source of funds entail?

Proof that the capital has been invested by the actual investor is required. The documentation should trace the capital from the investor directly to the investment

The USCIS also requires that the investor provide documentation that proves the source of their investment funds was obtained legally. Proof of documentation is provided through previous tax returns and financial statements.

Q: What are the EB-5 job creation guidelines?

A requirement of the EB-5 visa is that each investment of either USD $1million or USD $500k must help to create jobs.

If the money is invested in an approved Regional Centre, then the project must be located in a targeted area (also known as a TEA) and must create or sustain 10 full-time jobs for US citizens, lawful permanent residents or other immigrants legally authorised to be employed in the United States.

An important advantage to investing in a Regional Centre designation is the “indirect” nature of the job creation, which is less difficult to achieve than the “direct” creation of 10 new jobs. The requirement of creating at least 10 new full-time jobs can be satisfied by showing that as a result of the investment and the activities of the new enterprise at least 10 jobs will be created indirectly in the region through an employment creation multiplier effect.

These Jobs do not have to be directly related to the project and can now include certain construction jobs during the construction phases of the project. Jobs can also be counted that were created by the investment and located in the region...

  • A Full-time position is defined as working a minimum of thirty-five hours per week
  • Two employees may share a full-time position, however, part-time employment will not qualify. Therefore, a combination of two or more part-time positions will not fulfil the necessary requirement of the guidelines, even if the positions created jointly meet the 35-hour per week minimum.
  • The jobs must be proven to exist at the time of application or there must be proof that the required jobs will be created before the end of the two-year period of Conditional Permanent Residence.
  • If the jobs are expected to be created during the two-year period a comprehensive business plan outlining the need and purpose of the 10 new positions must be included with the investor’s application

Q: What are the conditional permanent residence guidelines for the EB-5?

In an effort to dissuade fraud, the EB-5 foreign investor, their spouse and any dependent children are subject to a Conditional Permanent Residence status for a two-year probationary period.

The EB-5 primary applicant is required to file a petition to remove these probationary conditions during the last 90-days of this 2-year term (prior to the second anniversary of the investor’s official admission as a permanent resident).

Upon the conclusion of the two-year period, the USCIS will then examine the business investment to determine whether or not the investor has complied with all necessary requirements.

Submission of the foreign investor application to the USCIS is required to include the following:

  • Verification that a new commercial enterprise has been established, such as a business license, articles of incorporation and/or evidence of transfer of initial capital investment required to purchase or invest in an existing business.
  • Verification that the necessary amount of capital has been placed at risk through bank statements validating deposit of funds into the business account, purchase of business equipment, transfer of property or evidence of funds transferred to the business account in exchange for shares of stock.
  • Proof that the capital invested was legally gained, such as foreign business registrations, tax returns or certified copies of civil or criminal judgements.
  • Proof that the foreign investment created the necessary 10 full-time employment positions, through tax returns, Forms 1-9 or if employees have yet to be hired a detailed business plan which demonstrates that the business will require a minimum of 10 new full-time employees within two years.

If the investment is made in an existing business experiencing financial difficulty, the foreign applicant must also submit proof that current employment positions will be secure for at least two years.

Q: Are my family members eligible to qualify for an EB-5 visa?

The parameters under which family members of the investor can qualify for the Conditional Permanent Residence or as a Lawful Permanent Resident are as follows:

Spouse

Spouses of the investor are permitted to accompany or follow the investor who has been granted their Conditional Permanent Residence. This is provided that the investor and their spouse who is deemed a derivative beneficiary were married at the time the investor’s original admission to the United States as a Conditional Permanent Resident or at the end of the two-year conditional period when citizenship status will adjust to Lawful Permanent Resident.

It should be noted that Common Law marriages will not be recognized for the purpose of permitting a spouse to qualify as a derivative beneficiary. A relationship considered to be Common Law, will not permit the ‘spouse’ of the investor to acquire a Lawful Permanent Residence on account of the status of the relationship.

Children

Children and/or Step-Children of the investor are permitted to accompany or follow the investor who has been their Conditional Permanent Residence. This is provided that the investor can establish legitimate parent or step-parent lineage at the time of the investor’s original admission to the United States as a Conditional Permanent Resident or at the end of the two-year conditional period when citizenship status will adjust to Lawful Permanent Resident.

NB: Failure to comply with these requirements upon the initial application process may result in the separation of a child from the investor or the investor’s spouse for an extended length of time and in some cases years at a time, while alternate immigration opportunities are explored in an effort to reunite the family.

The US Government considers a ‘child’ as someone who is under the age of 21 and who not married. If a child of the investor reaches the age of 21 or marries prior to admission to the US under the Conditional Permanent Residence or prior to the conclusion of the two-year conditional period when citizenship status will adjust to Lawful Permanent Residence, the former child, now considered a son or daughter, may not be eligible to accompany or follow the investor to the US. In some instances, the Child Status Protection Act may assist a son or daughter to qualify as a ‘child’ by reducing their age to less than 21 years.

If the requirements of the Child Status Protection Act are not met, it may result in the separation of a child from the investor or the investor’s spouse for an extended length of time and in some cases years at a time, while alternate immigration opportunities are explored in an effort to reunite the family

Circumstances where a child who turns 21 years of age or who married while the investor is within the Conditional Permanent Resident time period and in cases where the spouse and the investor become divorced, the child or the spouse may be eligible to remove conditions by being included in the investor’s I-829 petition or by filing a separate I-829 petition. Meeting the US Government qualifying conditions may not be within the control of the child or divorced spouse.

As a result, the child or divorced spouse may become involved in removal proceedings through the US courts or be required to depart the United States. In the case of death

In the unfortunate case of death to the investor holding Conditional Permanent Resident status the spouse and qualifying holding the same status are entitled to seek removal conditions by submission of the same evidence which demonstrates compliance under the same required criteria in which the investor would seek to remove conditions. Failing to establish these criteria will result in the denial of an application to remove conditions, place family members in removal proceedings through the US courts and mandate immediate departure from the U.S.

The USCIS does not clearly outline if a child who becomes a son or daughter before the death of the investor is entitled to request removal conditions. If it is found that the USCIS does not extend this benefit, the son or daughter would be denied an application to remove conditions and would be placed in removal proceedings through the US courts and be required to depart the United States.

A Brief History of EB-5 Investor Visas

25 Year History of EB-5 Visas

HISTORY OF THE EB-5 VISA PROGRAM

NB: Minimum investment rises 21 November 2019 to $900k.

Contact us TODAY for last chance to secure $500k rate!

The underlying policy of the EB-5 investor visa and the related Pilot Program is to benefit the United States economy overall including United States communities that are economically disadvantaged, United States workers, and the foreign national investors. The goal of the EB-5 investor visa program is to generate so-called “win-win” scenarios for all parties involved or affected.

A 2003 United States Government report indicated that about $1 billion has been invested in the United States economy through the EB-5 program.

Today we estimate that the amount invested pursuant to this visa category is nearly double that 2003 figure. There have been many success stories involved with the granting of EB-5 Visas.

Given the positive impact of this program in creating United States jobs and economic development, we strongly anticipate that the EB-5 Investment Visa and the related Pilot Program will be viable for many years to come.

History of the EB-5 visa for Investors

Through the Immigration Act of 1990 Investor VISA Program, Congress enacted the Immigration Act of 1990, which includes a program permitting foreign investors to obtain permanent residency in the United States. Section 121(b)5 of the Act created a new investor immigrant visa category aimed at generating a significant inward flow of foreign capital and creating jobs for United States workers.

The new legislation made 10,000 Green Cards of permanent residency available nationwide each year for qualified immigrant investors. The Act requires a capital investment of $1 million for all areas, except in rural and high unemployment areas where a lowered investment of $500,000 may be made.

The investment must also create full-time employment for at least ten United States citizens or other legal residents-other than members of the investor’s family for a period of two years. Entrepreneurs will receive a two-year provisional visa and, if the criteria are met, a permanent Green Card may be issued. The Immigration Act states that not less than 3,000 of the 10,000 visas shall be reserved for investors who establish a new commercial enterprise in a targeted employment area.

The law requires that the qualifying level of high unemployment be 150 percent of the annual national average unemployment rate. There have been several related subsequent Congressional enactments since the creation of the EB-5 visa category. In 1993 Congress created the related EB-5 Pilot Program as part of the Departments of Commerce, Justice, State, Judiciary and Related Appropriations Act of 1993.

In 2002, Congress in passing the 21st Century Department of Justice Appropriations and Authorization Act of 2002, extended and simplified the EB-5 visa category by removing several administrative and legal hurdles created by the INS and subsequent court decisions.

In 2003 Congress reauthorized the Regional Center Pilot Program, of which CMB Export participates, in the Basic Pilot Program Extension and Expansion Act of 2003. $500,000 investments in targeted employment areas made via a Regional Center such as CMB Export need only show indirect job creation using any “reasonable methodologies”.

It wasn't until the late 2000's, and the rise of China and its exploding number of millionaires -- many of whom had their eyes on Western locations for their families to set down roots -- that the EB-5 went from largely ignored to high demand. Recent estimates sugggest that, as a result of US immigration limits on Asian countries, there is a waitlist of up to 12 years for EB-5 visas in China.

Today, the EB-5 has taken centre stage as the most prominent and well-established investor visa among a menu of newer offerings. As such, investors have many options, but increasingly require guidance through a set of decisions and options to ensure a low-risk process leads smoothy on to a US Green Card and eventual citizenship.

Our UK-based US attorneys and experts can guide you to the options that best suit your needs and circumstances. Complete our free assessment form for quick, expert feedback. 

Final notice: 21 November 2019 deadline to secure $500k rates; thereafter, minimum jumps to $900k.

US EB-5 the World’s Most Popular Residency by Investment Programme

USA EB5 visas

25+ Years and Still World's Most Popular

  • Strictly limited to investors with total net worth exceeding USD $1 million;
  • Among world's first residency by investment programmes;
  • Direct route to US passport unique among US business visa options;
  • Allowance for investment financing widely used to minimise cash outlay;
  • US Green Cards for entire family upon arrival.

Your Route to a US Passport

Complete our free assessment today to see if the EB-5 is the best US visa option for you and your family.

EB-5 Investor Visa Benefits & Features

  • Access to the world's largest economy and the US's renowed business-friendly environment;
  • Permanent residency Green Cards for the whole family, and a direct route to US citizenship and passports not offered by other business visas;
  • A low-tax environment, multiple tax reclaim programmes, tax effective investment laws, and no restrictions on property purchases;
  • Renowned legal and judicial systems underpinning US political and economic stability;
  • Dual Citizenship permitted;
  • No upper age limit for EB-5 applicants;
  • Access to free education and unparalleled health care for entire family;
  • Fast, easy process to secure your permanent residency

The EB-5 visa offers permanent residency status to applicants upon arrival in the US.

This permanent residency status is conditional for the first two years. To remove the condition, and make the holders’ Green Cards permanent, applicants file a subsequent application in the 90-day window before the two-year anniversary of obtaining the visa.

This subsequent application confirms that the EB-5 criteria have been met.

For direct investment applicants, that will include demonstrating that the business was established, the requisite capital has been invested, and the required number of jobs have been created.

Regional Development Centre applicants have the benefit of seeing most if not all of this evidence provided for them by the investment centre.

All or part of an EB-5 investment may be funded through the use of gifts or loans.

A highly popular option is for parents to donate or loan funds, so their children can file as the E-5 investor and obtain a US Green Card.

All the usual source of funds rules apply, whether it is a gift or a loan, and whether it is provided by a US or foreign individual or corporation.

The applicant will need the lender or donor to provide them with evidence of the lawful source of the funds provided.

It is advisable that you instruct a US Attorney-at-Law prior to executing these arrangments, to ensure thorough compliance with EB-5 evidentiary requirements.

Lower costs, better acceptance rates, and access to US scholarships all make EB-5 visas of interest to parents whose children seek to attend US secondary schools and universities.

Recent years have seen a surge in applications from international students, and many schools have strict quotas on international places offered. That means competition for those places is fiercer than ever.

And, international students truly pay for the privilege, as they pay premiums for university places above the costs paid by their local peers.

For families where one or more students plan to attend US university, these costs provide a balance to EB-5 visa costs, which may be lower overall while offering the added advantage of wider benefits for the entire family.

EB-5 visa holders enjoy the outsized benefit of being able to start a US business without foreign investment restrictions, and accept offers of employment without US employer immigration sponsorship.

Entrepreneurs or business owners relying on E1 or E2 non-immigrant visas typically seek out the EB-5 visa as the ultimate means to obtain US citizenship and end the uncertainty of visa renewals.

Similarly, highly skilled employees can step away from the annual H1-B visa lottery and cut ties with unreliable process US employer sponsors.

The EB-5 application process includes money laundering and 'source of funds' procedures, which may be unfamiliar only to the extent of how exceptionally rigorous they are.

In sum, EB-5 applicant investors must present evidence to prove the applicant's funds have come from a lawful source.

The documents required to do so will vary by applicant. Typically, applications will include some combination of tax returns, employment records, asset or real estate sale documentation, loan agreements, or evidence of gifts or inheritance received.

Applicants are advised to instruct a US Attorney-at-Law to assist with this process, as errors in the presentation of the necessary documentation can be fatal to the success of an application.

For EB-5 ‘direct investment’ visas, applicants must invest in a "new commercial enterprise" in the US.

Any investment made after November 29, 1990 qualifies as “new”.

"Commercial" means it cannot be a passive investment such as the purchase of real estate. By contrast, an active property development project would qualify as commercial.

Investors can choose between creating a new business, purchasing an existing business to be reorganized as a new enterprise, or expanding an existing business.

Applicants are advised to instruct a US Attorney-at-Law before making any project investment commitments, as projects may not meet criteria, which themselve may be subject to change without notice.

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