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This
is where an individual invests US$500,000 in a US Government approved “commercial enterprise.”
These commercial enterprises must help to create
at least 10 full-time jobs for qualifying U.S. workers within two years.
Requirements and Information:
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Prove the source of the investment funds
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For main applicant cannot be below 18 years of age
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Applicant does not need business experience, US relatives, or any English
ability
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Allows parents to gift investment funds to adult child and only needs to
prove that gift of funds is “genuine”
Who gets the ‘green card’?
Conditional ‘Green Cards’
Costs
How are funds handled?
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Investment funds are placed in an escrow account
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Investment funds are only invested if the US government approves EB-5
application
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If EB-5 application is rejected then funds will be returned to the investor
Required Documents
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Biographical information
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Identification documents
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Individual income tax documentation for most recent 5 years
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Corporate income tax returns for most recent 5 years
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Salary verification letter from previous employers
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Proof of ownership in any business
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Salary verification letter from previous employers
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Copies of business licenses for businesses owned
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Personal bank
account statements
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Proof of stock or real estate ownership
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Note: If investment funds originate from a specific transaction, documents
originating from the transaction are needed
Application Process
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Collect materials and documents
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Accountant prepares report
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Investor Transfers investment funds into escrow account
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Attorney submits EB-5 application (I-526) to the US government
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After receiving EB-5 petition, the US government issues decision letter
(I-797) (1-8 months)
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Investors case is transferred to NVC then to the US consulate (2-4 months)
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Consulate schedules interview
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Medical examinations
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Investor and family receive immigrant visas after interview (1 week)
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Enter the US within 180 days after receiving immigrant visas
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Green cards received in mail after entering the US
Process after Green Cards have been received
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One year and nine months after arrival, must apply to remove conditions
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After conditions are lifted, green card becomes permanent
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After 5 years, may become a US citizen
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After conditions are lifted (2 years ), the US government no longer monitors
EB-5 investment project
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Most investment projects strive to return investment funds after 5- 7 years
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No requirement for green card holders to remain in the US for a certain
number of days per year
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Green card holders are advised to enter the US at least once every 6 months,
if this is not possible, may apply for “re-entry permit”
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Green card holders only need to show intent to reside in the US
What are the Investment Guarantee’s?
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The US law requires some financial risk associated with EB-5 investment
projects
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Investment projects not permitted by law to guarantee return of investment
funds
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“Regional center” projects may be structured to minimize risk:
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