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How do I make and maintain an at risk EB-5 investment?

I am looking for an opportunity to relocate to the United States with my spouse and two children. I have read a lot about the EB-5 investment program and I find it a little confusing as to how to make the investment. How do I establish an escrow account and transfer the monies from Pakistan to the escrow account and then into the business? I know that EB-5 is an "at risk" investment-based visa, so once the conditions on residency are removed, am I still under the same risk and to what extent?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    You will need to retain the services of an experienced EB-5 attorney to advise you. The answers to your questions will depend on whether you invest in your own direct EB-5 project or an EB-5 regional center project.

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    Julia Roussinova

    Immigration Attorney
    Answered on

    More information is needed. You may either invest in a project within a regional center approved by USCIS that has a strong track record of past projects and I-526/I-829 approvals, or directly into a new commercial enterprise. Projects are structured differently and it is necessary to review their offering documentation to advise you. For a direct investment, corporate documents will need to be reviewed. Please consult an experienced EB-5 immigration attorney before investing.

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    John J Downey

    Immigration Attorney
    Answered on

    First find a project that you wish to invest in, then ask for the documentation from the project. They will describe the process regarding escrow accounts, etc. Then obtain the services of an attorney versed in EB-5 law and follow their advice.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    Find a good project in a good regional center.

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    Robert Cornish

    Securities Attorney
    Answered on

    You should consider investing in a regional center where your participation may be more passive. The regional center can often work with you on finding a suitable escrow agent. Once your investment paperwork is reviewed, you essentially authorize the escrow agent to release the funds to the investment vehicle. Your funds are at risk as with any investment, so that risk remains no matter what the conditions of residency may be. Whatever the case, you should hire U.S. securities counsel and immigration to assist you. Immigration counsel will assist with the actual EB-5/526/829 issues. Securities counsel will guide you on the legal matters pertinent to the investment itself, which if not reviewed carefully, may bring unpleasant surprises.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    Transferring the funds may be subject to Pakistani law on international transfers (which we see in many other countries), so retaining EB-5 immigration counsel is very important. Funds will have to remain invested in the EB-5 project and "at risk" until you remove the conditions to permanent residency, at which point you can exit the investment.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    Hard to answer without knowing a lot more. Each of the regional centers is structured somewhat differently and we would have to review their corporate documents. If you are doing a standalone (or direct) project the rules are somewhat different, but you will have many of these issues.

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