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.

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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