Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Question : I’m going to invest $1,000,000 from the foreign investment for the EB-5 investment Visa. I am not sure if I correctly invested for needs of the EB-5 Investment Visa. Can you help? What is authorized under current immigration laws?

Answer : the rules define’invest’ to mean the contribution of capital. The EB-5 Investment Visa defines a debt financing arrangement between you and the new commercial concern in which the alien is acting only as a creditor doesn’t constitute a contribution of capital. As a result, you can’t determine the requisite investment of capital if the ‘investment’ is made in the shape of a loan to the company. As an example, a contribution of capital in exchange for a note, bond, convertible debt, duty, or any other debt arrangement between you and the commercial enterprise isn’t a qualifying investment. The guidelines define capital to include : ( one ) cash ; ( two ) money equivalents ( such as certificates of deposit, treasury bonds, or other instruments that can be converted readily into money ) ; ( 3 ) equipment ; ( 4 ) inventory ; ( five ) other real property ; and ( 6 ) indebtedness secured by assets owned by the alien, e.g, a promissory note made out by you and payable to the commercial corporation ( provided that you are at once and personally liable and the assets of the EB-5 Investment Visa co. are not used to secure the debt ). In deciding whether the official minimum level of capital has been invested, the capital contributed to the new corporation must be valuated at fair valuation in U.S. Dollars.

question : Are there other needs than showing you invested the money for the EB-5 Investment Visa?

Answer : Yes. You may also establish that the required quantity of capital has been placed at risk for the point of generating a return on that capital. A mere intention to invest, or prospective investment agreements entailing no present commitment won’t suffice to establish that you are actively in the procedure of investing. Real commitment of the required amount of capital is needed like : ( one ) the deposit of monies in the enterprise?s business accounts ; ( two ) the purchase of assets for use in the U.S. Corporation ; ( three ) the transferring of assets from abroad for use by the commercial corporation ; ( four ) the transference of monies to the commercial enterprise in exchange for shares of stock ; and ( five ) a loan, mortgage agreement, promissory note, security agreement, or other evidence of the investor?s borrowing which is secured by your assets, apart from those of the new commercial enterprise, and for which you are personally responsible. The investment visa will eventually be able to get you, your spouse and unmarried children the green card. The EB-5 Investment Visa is one of the nicest ways to obtain residency in the U.S.

A loan obtained by a company, securitized by assets of the company, does not constitute an investment of ?capital? As outlined by the rules. In addition, your personal guarantee on the business?s debt doesn’t transform such debt into personal debt. If the assets of the enterprise are securing the debt, a creditor has got the right to proceed against the company and take ownership of the assets of the enterprise in the event of default even if you personally guarantees the loan. Therefore, your capital isn’t personally’at risk’ under such an arrangement.However, if done properly, this is a great way to obtain the green card.

you can’t receive assured payments from a new commercial corporation if you owe money to the enterprise for the EB-5 Investment Visa. An agreement under which a new commercial corporation guarantees an annual return on capital, regardless of whether the business is making a profit is, in fact, identical to a bond or other debt arrangement in which the company promises to pay loan payments on capital lent to it by you ( while the you can suffer a loss of the funds lent in the event the business fails, the risk incurred by you in cases like these is no different than that incurred by a bondholder or any other business creditor ). Similarly, a promissory note with a big final balloon payment combined with the choice to sell your interest in the business at a fixed price and guaranteed returns on the your money outlays fails to meet the’at risk’ component in the regulations for the same reasons.

thus, it’s important to be certain the investment is proper and at risk.
The EB-5 Investment Visa does have some stringent requirements, but if they are properly documented, then you should be able to obtain an EB-5 Investment Visa for you and your family.

EB-5 investment

EB-5 Investment visa

Looking for a EB-5 Attorney?

EB-5 qualified investment

Filed under: EB-5 Investment Visa | Tagged: EB-5 Investment, EB-5 Investment Visa, EB-5 Visa, eb5 investment visa, Green Card | 3 Comments »