What documents are needed to start the EB-5 application process?

First, you need to retain an experienced EB-5 immigration attorney that has the expertise to lead the team of professionals to help prepare the required set of EB-5 compliant documents. These required documents on the EB-5 compliant project will be submitted with the investor&#39s I-526 petition. The approval of the I-526 petition is essential for the investor and the EB-5 project and therefore the immediate hiring of immigration counsel is essential.

The regional center will provide all the documents needed for the project. You will need to complete a source of fund on your investment. Depending on your strategy will determine what documents are needed. It is best to consult and retain an attorney before this process so that the accumulation of the investment amount leads to a clear and legal path.

Aside from the basics such as passports, birth certificates, etc., the most important documentation will be financial. Your net worth, bank accounts, real estate, stocks, etc. You should be able to trace the source of funds that you will be using for the EB-5 investment. USCIS wants to verify that they are all from lawful sources.

You will need to gather the source of funds documents that are necessary for I-526 filing, such as the tax returns for a minimum of 3-5 years and other documents that will prove the legality of how you obtained your investment funds for EB-5. If you are obtaining the funds by liquidating your stocks, real estate or other assets, or obtaining a loan using them as collateral, then you also will need to provide the legal source of funds you used to obtained those assets - not just the current value of those assets. Since doing an EB-5 case is complicated with numerous business documents from the regional center as well as detailed source of funds tracking, which is different for each investor, I would suggest that you work with an experienced EB-5 attorney to help you with the process from the beginning.

The first step in the EB-5 process is to identify the EB-5 project in which you wish to invest. As you research the scores of EB-5 projects that are seeking investors, keep in mind that you do not have to reside in the state in which your investment project is located. You can invest in an EB-5 project in California, but immigrate to New York, for example. As you review the numerous projects, I suggest that you look for the following: developers with prior real estate development experience, developers with prior successful EB-5 experience (prior I-526/green card approvals), projects free from conflicts of interest, developers who have solid reputations, and projects that have at least a 10 percent job creation cushion. To help you better understand the project you are considering, you should request and review the project&#39s business plan and economist&#39s report. You should also request and review a copy of the offering documents so that you can understand the investment risks involved, your rights as an investor, the exit strategy, etc. You may want to consider retaining a lawyer and/or a financial adviser to guide you through your selection process. While you are selecting your EB-5 project, you should also be gathering your own documents for submission. You and your derivative family members (spouse and unmarried children under 21), will need to provide copies of birth certificates, marriage certificates, identification cards, and passports. You will also need to provide documentary evidence that clearly shows the source of your investment funds. The USCIS requires that the EB-5 investment funds and the project administration fee (usually between US$45,000 - US$60,000) must originate from a lawful source or sources. So, if you are relying on your income as the source of your investment funds, you will need to provide proof of employment and income (e.g. letter from Human Resources Dept. confirming your employment and income history, business card, business license/registration proving the business exists), tax records, and bank statements. The USCIS suggests providing records from the last 5 years, but if you do not have 5 years&#39 worth, this is not necessarily fatal so long as you have additional records of your income source. Naturally, your investment funds may derive from a mortgage or other loan, an inheritance, or even a gift. Whatever the source, you must be able to trace the funds back to it. Each scenario mentioned above requires different types of documentation, so you should consult with an experienced EB-5 attorney BEFORE you transfer any funds to the EB-5 project of choice.

Each regional center is very different, but for all we would need 5 years of personal tax returns, 5 years of business tax returns, any and all documents related to showing the lawful source of funds (e.g. if sale of real estate then contract of purchase, contract of sale and banks statements showing money going in and out; if money is a loan from your parents then documentation on where they earned the money; etc.) The regional center will provide the project-related documents and there are various contracts and project documents that to be reviewed that you will sign. For the second stage you will need birth certificates, marriage certificates, divorce decrees, police clearances.

You should retain U.S. immigration counsel, who can assist with reviewing projects and authentication of source of funds, and could also refer you to professionals for tax planning (often overlooked!).

A regional center investment can be an excellent choice for EB-5. You should immediately seek the counsel of a qualified investment immigration attorney and financial advisor or registered broker dealer. This is not a process you should attempt without expert guidance as you face potential significant immigration and financial pitfalls.

Before asking about the documents, you should retain professionals to assist in your review. The offering documents for EB-5 transactions are very complex. Due diligence on the offering should be performed by a skilled professional so you can understand whether a specific transaction is right for you. You will also need immigration counsel to assist in handling the paperwork involved with an EB-5 application, which can be hundreds of pages.

When you select the regional center they will send you further instructions. If it is your own company, then start with a business plan demonstrating how the business will create ten new jobs, and the source of the funds for your investment.