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Most current program approval requirements for the EB-5 Visa and the I-526 Petition

For those attempting to apply for the EB-5 investor visa program the following information is absolutely essential:

The I-526 Petition

Foreign investors who are attempting to obtain an EB-5 investors visa to live and work in the United States will first need to complete the I-526 (Immigrant Petition by Alien Entrepreneur) and submit it to the US Citizen and Immigration Services (USCIS).

Once the petition has been approved, the investor will be able to receive an EB-5 visa as soon as one is available for his country of origin.

The I-526 template is long, can be prepared in partnership with your immigration attorney and is the first step in obtaining the EB-5.

For assistance with this form, the help of an experienced immigration attorney who can guide the investor through the process is recommended in most cases. The following is a sample checklist of what may be required to complete the process.

1. Personal information

An investor’s personal information will be required such as the investor’s name, current physical address, a mailing address if different from the physical address, investor’s country of origin, previous employment history, and the entry date into the United States.

2. Investment information

Information concerning the investment that the investor is attempting to make will include details concerning the Regional Center, the investment funds, targeted employment information, legal sources of funds, income and information concerning the investors current net worth, all of which is provided by LCR Capital Partners for our project offerings.

3. Information on the New Commercial Enterprise (NCE)

The NCE information should also be as detailed as possible with data on the project type and information concerning the location, establishment date and if there are other investors involved in the project, LCR Capital Partners takes care of these documents for our project offerings.

4. Job-Creating Entity (JCE)

An important part of the investment program concerns the ability to create jobs for US workers. Therefore, information concerning the JCE should also be as detailed as possible, LCR Capital Partners works with your immigration attorney to provide these documents for our project offerings.

5. Employment Creation

Just as important as the JCE, is also providing the information of the investor’s position in the NCE, what types and how many positions will be able to be created through the investors funding, which is one of the strongest suites of LCR Capital’s project offerings.

6. Processing Information

Investors will be required to provide background information from their country of origin. This includes their previous residence, previous immigration status and other employment history that they may have inside the United States.

7. Family Information

If an investor is intending to bring his or her family to the US, there will need to be general information on each person.

Other details and additional information which may be required are;

  • Statements
  • Declaration
  • Certifications
  • Signatures of the Petitioner
  • Interpreter’s Contact Information
  • Certification and Signatures
  • Contact Information
  • Declaration
  • and Signature of any person who is involved with helping to prepare the Petition.

How to select the correct path to an EB-5 visa

In order to find the right program that will fit your immigration and investment goals, it is necessary to first speak with an immigration lawyer who can help in finding the program that best fits your needs.

1. Choosing a program

There are currently two programs for a foreign national investor to live and work in the United States. There is the Direct Investment program and a route through a Regional Center. Both programs will provide the investor a way to receive the EB-5 investors visa. The difference in the two programs is that the direct investment provides more control over the project, while the regional centers help to direct funds to improve the economic growth in a targeted city.

2. Choosing projects in a regional center

Regional Center programs offer the investor a number of advantages. For example, the regional center may already have projects that an investor can take a part in while reaching their qualification goals. For example, in a targeted employment area (TEA), the minimum investment has been lowered to $900,000. However, it must be remembered that the funds for the project must be kept at an “at risk” state in order to qualify for the EB-5 program. Even with this stipulation, a regional center that has a good reputation may be a far less risk than a direct investment program. It is in the best interest of the investor to take the time to do due diligence when searching for the ideal regional center to invest into.

3. Giving proof of funds originating from lawful sources

The funds used to invest in the EB-5 program can originate from several sources. For example, investors are able to have the money gifted to them from family members. However, no matter how the sources came to be used in the program, they must be shown to have come from a legal and legitimate source. To prove that the fund is not from an illegal act or transaction, the investor will be asked for proof of the origin of the income. The proof may come from many sources that can show the funds are legitimate. Please contact us for further information on our source of funds advisory and to connect with our preferred attorney partners.

4. Proof of sufficient involvement in a NCE

Investors who are more interested in the management of daily operations of their business venture should choose to take advantage of the direct investment option. However, those who are not comfortable dealing with the day-to-day operations can have the organization managed by another through a regional center project. However, the investor must make sure that the policies of the regional center and the requirements for the EB-5 program are followed. Those who invest in a regional center will not be required to show the daily management of the project. Instead, they may choose to take an active role as a member of a board which plays a limited role.

5. Creating jobs

One of the most important features of the EB-5 investment program is that it can create jobs for American workers. In a project with multiple investors, each of those investors must make a minimum of 10 full-time positions for workers in that business. This condition must be kept for the investors to remove the conditional restriction that will be placed on their individual green cards. When filing the I-526, investors must show a business plan that will outline how the new positions will be created and how they intend to be filled. LCR is responsible for this for our offerings.

6. Proof of investment

EB-5 investors have the freedom to choose to invest in either a new commercial enterprise (NCE) or in an existing business as long as it meets certain criteria. An NCE refers to a business that can be either publicly or privately owned as long as it was established after November 29th, 1990.
Besides providing an investment in an at-risk NCE in a TEA, the investor also must prove that the investment was made under these conditions. The proof must be first provided before being allowed to invest the minimum investment amount of $900,000.

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