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What evidence do you need for the EB-5 Visa?


Question: I have the $1,000,000 to invest in the EBp-5 Visa, but I don’t know exactly what evidence is needed. Can you describe?


Answer:  There are many requirements needed to show and provide evidence.


Question: What about the actual business or the commercial enterprise?


Answer: First, you have to show that it is a valid commercial enterprise. To qualify for EB-5 classification, an investor must show that an investment has been made in a qualified commercial enterprise. The applicant should include:  An organizational document for the new enterprise, including articles of incorporation, certificates of merger and consolidation, or partnership agreements; A business license or authorization to transact business in a state or city, if applicable; and for investments in an existing business, proof that the required amount of capital was transferred to the business after November 29, 1990, and that the investment has increased the net worth or number of employees by 40 percent or more.


Question: What about the capitalization or investment?


Answer: You must show different items regarding the actual investment itself. The EB-5 Petition must be accompanied by evidence that you have placed the required amount of capital “at risk.” A mere intention to invest will not demonstrate that the petitioner is actively in the process of investing. The investor must show actual commitment of the required amount of capital. Such evidence may include: Bank statements showing deposits in the U.S. account of the enterprise; Evidence of assets purchased for use in the enterprise;  Evidence of property transferred from abroad; Evidence of funds invested in the enterprise in exchange for stock, except for stock redeemable at the holder’s request; Evidence of debts secured by the investor’s assets and for which the investor is personally and primarily liable.

Simply putting the $1,000,000 into an account will not suffice.


Question: Is there anything else I must show with the funds invested?


Answer: You must show the  legal origins of the capital. The regulations require filing the following types of documentation, as applicable, to establish that capital used in the new enterprise was acquired by legitimate means. Foreign business registration records; Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years;  Documents identifying any other source of money; or  Certified copies of all pending governmental civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor within the past 15 years.

Question: What about the employment creation requirement?


Answer: To show that a new commercial enterprise will create at least 10 full-time positions for qualified employees, the petition must be accompanied by: Photocopies of relevant tax records, I-9 forms, or similar documents for 10 qualifying employees; or  a comprehensive business plan showing the need for at least 10 qualifying employees, and when the employees will be hired. The plan should include a description of the business; the business’s objectives; a market analysis, including names of competing businesses and their relative strengths and weaknesses; a comparison of the competition’s products and pricing structures; a description of the target market and prospective customers; a description of any manufacturing or production processes, materials required, and supply sources; details of any contracts executed; marketing


Question: How about my abilities to run the company?


Answer:  You must show that you have managerial capacity to run the company. An EB-5 immigrant must be involved in the management of a new commercial enterprise to qualify for a visa. The petitioner must be involved in the day-to-day managerial control of the enterprise, or manage it through policy formulation. Compliance with this requirement may be evidenced by  a comprehensive job description and title for the position occupied by the investor; evidence that the petitioner is a corporate officer or on the board of directors; or evidence that the petitioner is involved in direct management activities or policy-making activities of a general or limited partnership.


There are many strict requirements for the EB-5, so make sure it is done properly prior to investing.

The EB-5 Investment with only $500,000

I only have $500,000. Can I still get the Green Card?

Question: I have heard that you can only get the Green Card if you invest $1,000,000. However, I only have $500,000. Can I still do this?

Answer: Congress created the EB-5 immigrant visa category in 1990 for immigrants seeking to enter to engage in a commercial enterprise that will benefit the U.S. economy and create at least 10 full-time jobs.  The basic amount required to invest is $1 million, although that amount may be $500,000 if the investment is made in a “targeted employment area.” Of the approximately 10,000 visas available for this preference each year, 3,000 are reserved for entrepreneurs who invest in targeted employment areas. 

Question: In that case, what is a targeted employment area?

Answer: The statute defines a “targeted employment area” as a rural area or an area that has experienced unemployment of at least 150 percent of the national average. An area not within a metropolitan statistical area (as designated by the Office of Management and Budget) or the outer boundary of any city or town having a population of 20,000 or more is considered a rural area. Each state notifies USCIS which state agency will apply these guidelines, and determines targeted employment areas for that state. Basically, if you have the $500,000, you must find a rural area (which are basically farming type areas), or places which have high unemployment.

Question: I have a couple friends who want to invest with me. Can we all invest in the same business?

Answer: The regulations specifically allow immigrant investors to pool their investments with others seeking EB-5 status. Each investor must invest the applicable statutory amount. All of the new jobs created by the new commercial enterprise will be allocated among those within the pool seeking permanent investor visas.

Question: So how many jobs must be created?

Answer: It will be 10 employees per investor. That means if you enter into a pooling arrangement with 2 other people, that there must be 30 employees in total that will be created and that the investment (if in a targeted area), must be $500,000 per person.

Question: Must we show where we got the $500,000?

Answer: You must show it is legal and that it was obtained legally and that it is your money. There are various challenges to show this, especially if it was obtained by inheritance.

The importance of tracing funds is present in all situations and is very important to the ultimate approvability of the petition. The sticky issues involving gifting, disposition of a trust, inheritance, and other complex fact patterns must be accompanied by full documentation of the history of the funds and objective confirmation that all taxes have been paid on the acquisition and disposition of the funds.
Question: Is it easy to get the EB-5?
Answer: It is the opposite of easy. It must be prepared meticulously with all of the proper documentation, proof and supporting evidence. Make sure you do everything necessary to hire an experienced Immigration Attorney.

EB-5 Investment Visas. Do it right!

EB-5 Investment Visa Requirements

EB-5 Investment Visa Requirements

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.


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