The United States government created the EB-5 Immigrant Investor Program in 1990 in an effort to attract foreign investment and boost economic growth. Eligible foreign nationals can invest either $500,000 (in a targeted employment area) or $1 million in a new or existing U.S. business. When investors demonstrate that their investment has created at least ten jobs for U.S. workers, they may receive green cards for themselves and their families. Through its Regional Center program, LCR Capital Partners offers investment opportunities to meet these criteria.
The U.S. Citizenship and Immigration Services office (USCIS) is a U.S. government agency that processes all immigration and visa documents. A great amount of immigration information can be found on their website at www.uscis.gov including additional information on the EB-5 program, forms including the I-526 and I-829, and much more.
Husband, wife and any unmarried children under the age of 21. It is possible for adopted children to be included in the family. Upon approval you will receive a form evidencing approval and a travel document. You should also receive a temporary green card in the mail.
The EB-5 Program offers a host of benefits to the investor, including but not limited to:
If you want to manage your own business, consider a “direct investment” approach to EB-5 by investing $500,000 – $1 million into your own business which you control, and creating the necessary 10 new jobs within that new enterprise. If your goal is to have a Green Card and not to actively manage a business, it is often cheaper, more convenient and potentially must less risky to utilize a structured investment program in the Regional Center EB-5 category rather than to start and maintain your own business.
The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and conforms to the Uniform Limited Partnership Act, as sufficiently engaged in the EB-5 enterprise.
LCR’s EB-5 products are structured as mutual fund-like vehicles where LCR acts as the General Partner of the fund and the EB-5 investors are the Limited Partners.
A prospective applicant can first register by filling out the contact form to receive offering materials (investment prospectus) from our registered broker-dealer.
Once you sign the official English version of the subscription agreement (in the prospectus) and we counter-sign the same document, you are admitted as a limited partner. The next step for the applicant is to follow our wiring instructions and send the investment funds. Typically within 1 to 2 days of your wire transfer, our office will send you a confirmation of receipt of the funds. If you are an EB-5 applicant, a copy of the remittance confirmation will also be provided to your immigration attorney, so he or she can submit your I-526 petition.
At any stage of your decision-making process, please feel free to contact us via phone, send us an email or set an appointment online to speak to one of our managers.
The regulations specifically allow for the pooling of funds by several investors to establish a Limited Partnership sufficient to qualify all participating investors. The only requirement is that each investor must individually meet the minimum at risk capital and new job creation requirements.
If you are currently residing in the U.S. on a non-immigrant visa, in order to invest in one of our projects you must be an accredited investor. The $500,000 used for the investment can be counted towards the requirement of $1 million in total assets.
An accredited investor is a term defined by U.S. securities law that describes the characteristics of the investors who are legally permitted to invest in certain types of unregistered or higher risk investments, limited partnerships and hedge funds. In the U.S. an individual is considered to be an accredited investor if they have a net worth of at least $1 million or if they have made at least $200,000 each year for the past two years (or $300,000 with their spouse, if married) and have the expectation to make the same amount in the current year.
An investor must apply to the USCIS for EB-5 Visa qualification through the submission of a number of required elements including: USCIS forms, business plans and/or geographical statistics, financial information and other supporting evidence.
By receiving your Green Card through investment (EB-5), you should have a conditional Green Card for two years. You must apply for removal of the condition within 90 days before the two years are up. Once that is approved, you have a regular unconditional Green Card. If you do not have the condition removed, the Green Card will become invalid at the end of two years, and your permanent resident status will be terminated.
The first requirement of any investor after they receive the visa is to enter into the United States within 180 days of issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, and renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession. However, all permanent residents must remain in the U.S. for more than 6 months each year, or they may be deemed to have abandoned their permanent residence status.
Once the I-526 petition is filed, the length of time for an investor to pass the U.S. Consulate interview and receive a conditional green card is approximately 8-14 months. It is important to note that each investor’s particular situation is different; adjudication processing times are often unpredictable, subject to USCIS adjudication delays, and may take a longer period of time.
One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenship after five years. There are two ways to become a U.S. citizen. One is by being born in the U.S. or being born to a U.S. citizen. The other way is by naturalization. The first step in becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being an LPR for five years is one of the basic requirements for qualifying the naturalization. A second requirement is being physically present in the U.S. for 30 months during the 5 years prior to the naturalization application. Once becoming a U.S. citizen, an individual is entitled to benefits including the right to vote and hold public office.
Sometimes. The U.S. allows dual citizenship, but your country of origin may not allow it.
Out-of-status nationals are no longer permitted to apply for permanent residency from within the United States. They must first return to their country of origin and apply through the United States Embassy there. Examples of “out-of-status” individuals are students, tourists, and E-2 treaty investors who no longer have valid visas because they remained in the United States after their visas expired or were revoked.
You can apply for a reentry permit (on form I-131) before you leave the U.S. You can depart before the reentry permit is approved. With such a reentry permit, you can return to the U.S. even after one year until the reentry permit’s expiration date. Reentry permits are issued for two years. You cannot renew a reentry permit, but you can return to the U.S. for a short time and apply for a new one. The second such reentry permit will be granted for two years, but subsequent ones may only be approved for one year at a time.
Once you receive a green card, there are only two conditions required to keep it for life. First, you must not become removable or inadmissible. The most common way of doing this is to be convicted of a serious crime. The second requirement is that you do not abandon the United States as your permanent residence. As long as you are not planning to make your home somewhere else, then legally you are still a resident of the United States. Problems may arise, however, because the INS will try to judge your intention by the way you act.
There are no requirements with respect to prior business experience or education. The only requirement is that the investor is accredited and meets certain suitability standards, with respect to income, net worth, etc. The investor also must prove unconditionally that the source of funds is legal, through the submission of proper documentation.
Rejection in the past does not disqualify the applicant, unless the reasons are related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to LCR Capital Partners and legal counsel in advance of application.
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, USCIS case examiners require a well-documented source of funds.