EB5 Green Card

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com.

Current Immigration/Visa Options for Entrepreneurs

Detailed question:

What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?

Answer:

Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

Video Transcript

A few options for Entrepreneurial Visas:

You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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Extension of Investor Visas, Religious Visas, Conrad 30 for Physicians

Detailed question:

We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. <br> 1) Is this true?<br> 2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?

Answer:

True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

Green card through EB-5 category continues to be an option for a specific category of investors,  who have the money ($500,000 pr $1M) to invest. Under the US Constitution, the government cannot make laws that change vested rights retroactively. Therefore, if you have already invested and filed your EB-5 papers, I don't see why you need to worry about subsequent changes in the law.

Everyone with a running business outside the United States should seriously consider first the EB-1C category, which is considerably more attractive than EB-5 for several reasons. EB- 1C does not require a specific amount of investment, it requires instead only a business in the United States that is a subsidiary, branch, parent or affiliate of a foreign corporation transferring an executive or a managerial level employee to the United States. The managerial or executive employee receives an L-1A visa within a few weeks and can get a green card within a few months.

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EB-5 Visa process

Detailed question:

Question is, invested money is at risk although the process is approved in compliance to immigration. <br>By the above compliance does it mean, that when the money is spent completely on the application (approx 560000 USD):<br> 1) Is the conditional Green card guaranteed in 18 months for all cases, and<br> 2) Will conditions be lifted on applying I-829 within another 30 months - guaranteed?<br> 3) The intent of the query is, after spending so much, is there any chance of not getting the permanent Green Card, and if in case not approved, is the entire investment lost or it will be returned?

Answer:

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=2539  

FAQ Transcript:

EB-5 is the investor visa where you invest five hundred thousand either with the pre-approved scheme or what is called regional centres or in a rural area or in a targeted employment area. Typically, where the unemployment is more than 50 percent.

These questions are related to regional centre investments. Regional centres have always made me nervous because remember these pre-approved schemes are approved only for immigration compliance. They are not approved for vigilance by the government. Government doesn’t over see your investments. They are not guaranteed in any way as people can run away with your money. There are investment centre’s that have been fraudulent. Warrants are out on some of these people. But of course lot of them are quite genuine. Unfortunately, we as lawyers are not investment advisers, we cannot tell you which regional centre is safe and which are not, we can tell you what our other clients have used successfully. But that in no way means is going to be a repeat performance of success. So when you put your five hundred thousand in a regional centre there is absolutely no guarantee of the money.

Answer to question 1. It is not guaranteed. It is not 18 months actually. The way it works is you first file the first set of forms I think it is I-526 and if that is approved then you get your green card process rolling. You can’t file for e.g.: AOS and I-526 jointly. It has to be done consecutively. There is no concurrent filing. So once the first form gets approved then the green card gets approved you get a conditional green card. Ninety days before the second anniversary of the approval you have to apply for the removal of the conditional status using form I-829 and you show the government the money is invested in the jobs are almost created.

Answer to question 2. None of this is guaranteed.

Answer to question 3. One involves immigration processing and the other involves the investment itself. The safety of the investment depends on the money where it is invested and how good the centre is. As for the immigration getting approved that depends on the immigration documentation requirements having been completed. This is definitely not a guaranteed process. In fact, the hallmark of EB-5 investment is that your money is at risk.

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EB-5 Investment Options to Restructure A Company

Detailed question:

Can I just take over an existing business with the required investment and continue?

Answer:

That depends upon how old the business is and how you wish to structure your ownership.

According to USCIS, an eligible enterprise for EB-5 investment is one that is either established after Nov. 29, 1990, or established on or before Nov. 29, 1990, and is:


1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or


2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

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Employment Based Self Application

Detailed question:

1. I have an H-1B visa which it is going to end in October 24,2013. My employer doesn't want to sponsor me for a Green Card, because they said that they only sponsor their managers. Although, their AT&T client doesn't want to lose me. Also, I would like to let you know that I came to US with a F-1 visa,got a Master degree in Business/Computer Information Systems, I have a Bachelor degree in Computer Information Systems (Peru). I would appreciate to know if I can apply it by myself and what chances do I have to get it and in case that I can apply by myself what are the steps to follow. 2. My Master Degree from a US University is not valid, even my work experience which is more than 10 years 6 years here in US and 6 years in Peru. Is it because I am from South America? I would appreciate a better explanation why I don't qualify.

Answer:

1. Under the current laws, self-application seems not to be an option for you.

2. There are only three categories for employment-based self-application: EB-1A (Extraordinary ability alien), National Interest Waiver and EB-5, investment. There is no category I can think of under which you may qualify for self-application (without an employer's help). If you would like a consultation to understand further, join our free community conference call. A one-on-one consultation may not be necessary.

Do note, if a set of new immigration laws gets passed, all this could change. To keep track of developments in the pending immigration law reform, follow this link: http://www.immigration.com/comprehen...on-reform-2013

Review these links:
EB-1A: http://www.immigration.com/greencard...international-

National INterest Waiver: http://www.immigration.com/greencard...terest-waivers

EB-5 Investment: http://www.immigration.com/greencard...ent-green-card

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EB-5 Investment-Based Green Cards

Detailed question:

I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise. I had a few questions regarding the following: For EB-5 through Regional Center 1. What is the time frame for Investing the money? Does it vary per Project? 2. What is the general Return of Investment on these Projects? Does it vary per Project? 3. Can we withdraw the Investment earlier if the Project is a failure? 4. How much involvement is necessary/allowed in the management of the Project? 5. When can I start withdrawing the money after I get my Green Card? 6. Is there any agency/firm that evaluates the Regional Centers? For EB-5 Immigrant Investor through New Commercial Enterprise 7. Do the 10 people have to employed immediately or over a period of 2 years? 8. If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?

Answer:

1. I dont know of any regional center who does not want the entire money up front. They also usually add on a few thousand dollars of additional fees.
2. No idea about ROI. We do not get involved with financial assessments. Not our expertise.
3. Not usually. But this depends upon the project and your agreement. But the green card would fail in such a case.
4. None, usually.
5. Hmm. I do not recall the exact time frame. Sorry.
6. No. Beyond the normal SEC regs, as far as I know, you are, unfortunately, on your own. This is the part about the regional centers that bothers me.
7. Over two years. But your business plan has to show how you will create the jobs.
8. Huh? Yes, of course. But there has to be a connection between the investment and the job creation.

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Applying for investment visa - regional investment center EB5

Detailed question:

If somebody is without status in U.S.A can the person apply for investment visa?

Answer:

Yes, of course. Especially when you are going through a regional investment center.

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EB5 investment visa

Detailed question:

For EB5 investment visa, can one of my relative living in USA gift me the $500K required to invest in a "targeted employment area"

Answer:

I do not see why not. But check with a CPA about gift tax.

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Investment based green cards

Detailed question:

I want to know whether our federal bank (reserve bank of India) is allowing this US $500,000.00 for investment in U.S.A. Then I will ask some more questions like whether it is easiest way to get green card and whether our money is safe in investment (in the regional projects) and the total expenses upto green card release level (apart from us$500,000.00)

Answer:

We practice US laws so I have no idea about RBI permissions. Safety of money is not guaranteed in any of the trusts that I know of. After all, this is an investment, not a fixed deposit or a CD in a bank. For businessmen with established businesses, L-1A and then EB1 is usually the better option.

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