EB-5 Capital Fundraising
Real estate developers often look to EB-5 investors as a source of alternative financing. With different investment routes, developers can choose to create their own regional centers, affiliate with an existing regional center, or turn to direct investments to meet their fundraising needs.
EB-5 Direct Investments
EB-5 investors under the direct investment route need a business plan and operation of the new commercial enterprise in order to satisfy the job creation requirements by USCIS.
EB-5 investors need to be familiar with the requirements and filing timelines of several important EB-5 forms, including form I-526, form I-485, form DS-260, and form I-829.
The EB-5 visa program offers foreign investors eligibility for U.S. permanent residency. Certain requirements of the EB-5 visa program depend on whether an investment is associated with a regional center.
There have been significant legislative changes since the launch of the EB-5 Immigrant Investor Program. As the program developed over the years, stakeholders recently called for legislative efforts to modernize the program and maximize its benefits to the U.S. economy.
EB-5 litigation could occur because of a variety of factors during the EB-5 process. It is advisable that investors and regional centers consider the potential risks that could lead to litigation and reach agreements on these issues before any investment activity is conducted.
EB-5 Processing Times
EB-5 processing times are case-specific. USCIS provides updates on the estimated processing times for different forms at different service centers, which can be used by investors as a general guideline.
EB-5 investors from retrogressed countries might need to redeploy their EB-5 investments to meet USCIS’ “at risk” requirement while waiting for their immigration status.
EB-5 Regional Center Formation
The formation of an EB-5 regional center requires professional services from attorneys, economists and business plan writers to have the highest chance of approval by USCIS.
EB-5 visa program investments must meet certain legal requirements to grant an investor U.S. lawful permanent residency, including investing a minimum amount of capital, demonstrating a lawful source of funds, creating 10 jobs, ensuring a minimum level of risk and maintaining the investments for a set period of time.
EB-5 Securities Law
EB-5 applicants making investments in the United States are protected by U.S. securities laws. EB-5 regional centers and project owners need to be careful when it comes to soliciting securities and promoting their offerings.
EB-5 Tax Planning
EB-5 investors should consult and prepare with their tax professionals before starting their EB-5 process to minimize potential tax liabilities associated with their future status as U.S. green card holders.
Foreign nationals can apply for F-1 visas if they want to study in the United States.
The H-1B visa category allows U.S. employers to hire foreign nationals in special occupations. H-1B visa holders are nonimmigrants who may pursue an immigrant visa without jeopardizing their H-1B status.
An L-1 visa may be issued to an employee of a company overseas that wishes to enter the U.S. to work for an affiliate or subsidiary entity. L-1 visa holders are nonimmigrants who may pursue an immigrant visa without jeopardizing their L-1 status.
Other EB-5 Questions
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