Our firm assist applicants to obtain Green card of USA based on investment in USA under EB-5 visa.
|The EB-5 Visa provides the most
flexible path to a green card based on a US
investment. The EB-5 visa does not require the
applicant to manage the day-to-day affairs of a
business. One may invest in an existing business,
or a new business. More than one person may invest
in the same business. The EB-5 investor may be a
minority owner of the
business. We are Affiliated Real Estate Agent with |
||EB-5 Visa -
|One may qualify for an EB-5 as
designated specific areas, called Regional
Centers, as eligible to receive immigrant investor
capital. INS approved over 20 Regional Centers.
Regional Center investors may rely on indirect job
creation rather than directly hiring ten
employees. A competent professional, such as an
economist, must quantify the indirect employment.
If the regional center is in a high unemployment
area the required capital is reduced to $500,000.
- Invest $1 million and hire ten employees
anywhere in the USA
- Invest $500,000 and hire ten employees in an
area where the unemployment rate exceeds the
national average unemployment rate by 150%
- Invest in a regional center.
Of the 10,000 investor visas (i.e., EB-5
visas) available annually, 5,000 are set aside for
those who apply under a pilot program involving an
INS-designated "Regional Center." To date, the
quota has not been
|We have several US immigration /INS approved projects
available in different Regional centre
to invest all over USA where there is high unemployment.
Regional Center investor purchases a partnership
interest in a specific investment partnership,
managed by different companies, that owns, renovates
and manages a property in the Regional Center.
Indirect employment results from jobs created by
elevating a previously underutilized property to a
more productive use. Thus, the investment in the
company or limited partnership meets the requirement
for the EB-5 visa.
|Q: Who should
EB-5 investors include people
from all walks of life; professionals, business
people, persons wanting to facilitate a child's
education, and retirees. Because the EB-5 visa
permits employment in the US, many EB-5 investors
become involved in charity or part time work.
Simply put, the EB-5 visa gives you the
flexibility to do what you want in the USA.
If your goal is to have a
green card and not to actively manage a business,
it is most often cheaper to utilize the EB-5
category rather than to start and maintain a
- If you don't want to actively manage your
business, you should consider EB-5
- If you have a US citizen parent or child
over 21 years of age, you should consider family
class visa categories.
- If you have exceptional skills or are famous
you may qualify for a green card based on your
skills or fame.
- If you want to manage your own business,
consider L-1, E-2, international manager visa
Q: Is EB-5 a truly passive
The EB-5 regulations
require involvement in management or policy
making. The regulations deem a limited partner in
a limited partnership that conforms to the Uniform
Limited Partnership Act as sufficiently engaged in
the EB-5 enterprise. However, the Uniform Limited
Partnership, adopted by most states of the United
States, prohibits the limited partner from
actively participating in management.
one hand you must be involved in management or
policy making, while on the other hand you can't.
We resolve this contradiction by granting the
limited partners the right, as a group, to oust
the general partner for "cause" and to suggest or
recommend issues of overall policy. Furthermore,
our limited partnerships complies comply with the
Uniform Limited Partnership Act.
is your investment structured?
Limited Partnership owns one building. Your
investment purchases an interest in the Limited
Partnership. You become a Limited Partner. Your
percentage share of the Limited Partnership
depends on the percentage your investment bares to
the value of the project. The prospectus for each
project describes the valuation methodology.
The Limited Partnership, managed by
corporation., is the general partner of the
Limited Partnership. The general partner,
renovates the property, leases the property, and
manages the property. The Limited Partners receive
their share of the income from the properties.
Immigrant investors receive 50% of the profits for
the sooner of five years or receipt of the
permanent green card, and 70% of the profits
thereafter. Investors who do not seek an
immigration benefit receive 70% of the profits
from the out settime of their initial investment.
Q: What is a limited
This is best explained
through an overview of the various entities
available to investors.
Corporation, formed by filing a charter
with a state government, is owned by shareholders.
The corporation is taxed on its income. The
shareholders are only taxed on dividends paid to
them by the corporation. Shareholders do not pay
tax on the corporation's income. The shareholders
only risk the cost of their investment in the
corporation, they bare no responsibility for the
general affairs of the corporation.
partnership is comprised of two or more
people or entities coming together for an
enterprise, without any particular state charter.
The partnership does not pay tax, but passes
through all items of income and loss to the
partners. The partners pay tax on partnership
earnings. Each partner, unlike a corporate
shareholder, undertakes responsibility for the
entire operations of the partnership. If the
partnership were to be sued and judged liable,
each partner bares full responsibility for the
damages. A corporate shareholder has no such
partnership combines corporate limited
liability with partnership taxation. The limited
partnership, formed by filing a charter with a
state government, consists of a general partner
and one or more limited partners. The charter
details the rights and powers of the limited and
general partners, percentages of ownership, and
distributions of profits. The general partner
manages the business. As in a corporation, the
limited partners are passive investors liable only
for the value of their investment. As in a general
partnership, limited partnership income is taxed
at the partner level, not at the entity
A limited liability company
is a corporation that passes through income and
loss to the shareholders but offers shareholders
the same limited liability as a limited partner or
corporate shareholder. You could say a limited
liability company is a corporate version of a
The corporation Inc
could use a limited partnership or limited
liability company with equal effect. The corporation uses a limited partnership because the INS
regulations specifically refer to limited
partners, exempting them from the requirement to
actively participate in the business. The
regulations make no mention of limited liability
Q: How is my limited partner
The Certificate of
Limited Partnership must be recorded with the
State of Washington as a public record. The
Certificate refers to a Schedule A of the limited
partnership agreement, which lists the names and
percentage interests of the limited partners. The
deed for the investment property is held in the
name of the limited partnership. The deed is also
of public record. This means the property cannot
be sold, mortgaged or altered without complying
with the terms of the limited partnership
Q: Is my investment
No. The law requires an "at
risk" investment without guarantees or redemption
Q: What are my
As in any investment there is a
risk of total loss. We invest in real estate
without mortgage or bank financing. This lack of
debt eliminates much of the risk of total loss.
Like everybody we risk the deleterious effects of
acts of god, war, and market fluctuations in
rental income or real estate prices. We urge all
investors to visit us, check our references and to
independently verify the information contained in
Q: Why must I invest
before you will apply for my green
We understand that other
investment companies accepting EB-5 investors
place funds in a trust or escrow account pending
visa approval. In this case the funds may only be
released upon visa approval.
business is real estate development. Most of our
capital comes from investors who do not seek an
immigration benefit. These investors invest on
financial consideration only, without
preconditions. EB-5 investors, however, have two
considerations, the soundness of the investment,
and obtaining their green card.
investment must be analyzed upon its merits. Our
policy is to require that you commit your capital
as any other investor. If for some reason, you do
not receive your green card, our contract with you
requires us to refund your investment. We maintain
credit lines with several banks for this purpose.
We also have a constant stream of new investors,
providing an alternative source of funds to refund
your investment, should you fail to obtain your
Escrow or trust agreements
present immigration difficulties. We offer
investment opportunities on a first first-come
first first-served basis. While your investment
capital sits in escrow or trust pending the
results of a visa application, which may take six
to eight months to complete, the target
investment, which formed the basis of your visa
petition may have been sold out to other
investors. You would be in the unfortunate
position of basing your green card on an
investment that didn't exist, and run the risk of
having your application denied. Finally, although
the regulations permit escrow arrangements we find
that INS looks more favorably on petitions based
on a completed investment rather than a pending
Hopefully, you will be satisfied with
your investment and wish to keep all or part of
the investment regardless of the out come of your
green card application. The need for a green card
is situational. You may decide you don't like life
in America, or your family or economic situation
may change. The need for sound investments never
changes. While you would not have come to us
unless you were seeking a green card, now that
we've met, we hope you will be more than satisfied
by our investment results and service.
Q: How does the partnership distribute
Each partnership distributes
profits to its investors monthly. The
distributions are based on the prior month's gross
rental income net of expenses. Investors receive a
profit and loss statement with each month's
distribution. At the end of the year the
partnership issues a summary report along with
Internal Revenue Service form K-1. Form K-1
details your yearly income and expenses. Your
accountant will require form K-1 to prepare your
US annual tax return.
Q: I understand
that EB-5 has been the subject of litigation. Will
this history effect my green card applications?
The EB-5 visa category started in
1991. Regional Centers started in 1993. The corporation
formed its regional center in 1996 and
raised capital from some 40 investors between 1996
and 1998. Several companies competed for
investment capital during this period. Most of the
companies didn't offer sound investments and were
really in business to collect fees rather than to
fund an ongoing business. Many investment
opportunities didn't raise the full $500,000
investment capital or hire the required number of
INS, rightly wanted to stop
these abuses of the program. In 1998, INS wrongly
applied their revised rules retroactively to
people who already had approved petitions. INS
attempted to revoke these visa petitions. This
started the litigation. In 2002, Congress passed a
new law to protect the pre-1998 investors. Also,
in 2002, in a case commonly known as "Chang" the
9th Circuit Court of Appeals ruled that INS may
not apply their new rules retroactively. In August
of 2003, INS began approving regional center
petitions for the first time since 1998.
We believe that EB-5 immigration petitions
based on sound investments, for the full $500,000
as prescribed by the rules, with proper supporting
documentation, will continue to be
Q: What documents must I
prepare to process my visa petition?
You must prepare complete biographical
information for each applicant and the principal
applicant must prove the source of the investment
funds. To prove the source of investment funds,
INS requires five years of tax returns, five years
of bank records, proof of ownership in any
businesses, financial statements for each business
and business licenses. The idea is present a track
record of an honest course of dealing. If your
capital came from a specific transaction, such as
sale of a house, inheritance or gift, you must
prove the transaction occurred, by providing an
official document, such as a closing statement or
contract or other official documents. This is not
an exhaustive list. Documents Other documents may
be required and vary on a case-by-case basis.
Q: What issues have been problematic in
We use the same investment
model for each case. INS has reviewed our
investment model and has approved visa petitions
based on our model. The most common problem area
has been insufficient documentation of the source
of funds. Many people try to disclose the least
possible information only to have the file
returned with a request for further information.
It is better to provide too much information
rather than too little information. In this era of
terror alerts, and suspicions about money
laundering, INS case examiners require a
well-documented source of funds.
Many EB-5 programs include immigration processing
as part of the investment package, why soem regional centre
do the same?
believe that it is important for you to have
independent legal counsel representing your
interests without conflict. Soem corporation do not have
skill to process your application and
is better to focus on what we do best, providing
the best returns on investment.
Q: Where can I find a
copy of the relevant law and regulations to study?
Please go to the Bureau of Citizenship
and Immigrations Services web site. A direct link
to investment visa information is: http://www.immigration.gov/graphics/services/residency/investment.htm
How can I verify that your are an honest and
We offer the
references. We also can make
arrangements for you to contact existing
How long does INS take to process my visa
Processing times vary from as
little as a few weeks to as much as six months. We
can't predict or promise a particular processing
time. You should plan for the entire process to
take approximately one year.
are the processing procedures?
general outline of the application process
follows. Your attorney will be able to give you a
more complete description.
Step 1) File
form I-526 Petition for Alien Entrepreneur with
the California Service Center. This petition
requests INS to certify the applicant and the
investment as eligible for EB-5 visa status.
Step 2) Upon approval of the I-526
petition, (a) if you are in the United States you
may apply for Adjustment of Status to Permanent
Residence by sending form I-485 and supporting
documents to the INS regional processing center
nearest your US residence. (b) If you are abroad
you must wait for notification from the Embassy in
your home country to prepare documents for the
The purpose of the
Adjustment of Status or consular visa interview is
to make sure you are not subject to a grounds of
exclusion, e.g. a criminal past, infectious
Step 3) Upon approval you
receive a form evidencing the approval and as well
as a travel document. You will also receive the
temporary green card in the mail. If you are
abroad you must enter the US within six months of
the date of the Embassy approval.
After two years, you may file for removal of
conditions or your permanent green card using Form
I-829. This procedure permits INS to verify that
you have maintained your approved investment for
the required two-year period.
How do I apply?
For further information
please contact: email@example.com
|The United States charges income tax
on all US citizens and permanent residents based
on worldwide income. Treaties and various
exemptions eliminate some but not all of the risk
of double taxation. Each state of the United
States has its own tax system. All but four states
raise revenue through state income tax. Investors
should consider the tax effects of becoming a US
resident before investing. As a general rule, if
you are moving all of your assets to the US you
will not have a problem with double taxation. If
you will continue working or investing in your
home country after moving to the US, a trip to
your tax advisor is in order.