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Free EB-5 Project Evaluation

EB5 Affiliate Network collaborated with Beshara Global Migration Law Firm to present a webinar on making the switch between these two visas and how to make an EB-5 investment by installments. Watch the webinar on YouTube, download the PDF slides of the presentation, or read on to learn more about the process.

The E-2 Visa

The E-2 program is open to entrepreneurs from specific treaty countries to looking to temporarily operate a business in the United States. The visa is valid for two years but may be renewed indefinitely, and spouses and dependent children are also eligible for status. …


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Free EB-5 Project Evaluation

One of the many requirements the EB-5 Immigrant Investor Program imposes upon those who make an EB-5 investment, the obligation to prove the lawful source of funds of the full EB-5 investment has long represented one of the most challenging aspects of an EB-5 investor’s I-526 petition. While EB-5 investors can use EB-5 investment capital derived from any number of sources, whether employment income, funds derived from the sale of assets, or gift money from parents, the need to document its legality remains consistent. …


The EB-5 Immigrant Investor Program has always been complicated, with various pathways for foreign nationals to choose when making their EB-5 investment and pursuing U.S. permanent resident status for themselves and their immediate family members. With so many moving parts, every EB5 investment looks different, but successful every EB-5 path, no matter starkly it deviates from others, leads to the same outcome: a bright, prosperous future in the United States.

In October 2020, Michael Schoenfeld of EB5 Affiliate Network and fellow guest Bernard Rojano of Xecute Business Plan Solutions joined Mona, Rebecca, and Mark of Mona Shah & Associates to discuss how to go about successfully sponsoring your own EB-5 project. The 40-minute podcast episode is jam-packed with valuable information for those considering sponsoring their own EB-5 project to gain U.S. green cards for themselves and their family. …


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Free EB-5 Project Evaluation

As we enter the second month of FY2021, the EB-5 final action dates show no sign of jumping forward rapidly. The figures come as a disappointment to the many Chinese and Vietnamese applicants with EB-5 investments waiting to finally begin their new lives in the United States. FY2021 has potential to be a phenomenal year for EB-5 investors, considering that nearly twice as many EB-5 visas than average are available in FY2021-a beneficial side effect of the COVID-19 pandemic and its devastating effects on travel and immigration. With this news released at the beginning of the fiscal year in October 2020, investors hoped the surge in available EB-5 visas would spur rapid forward momentum in the November 2020 Visa Bulletin. …


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Free EB-5 Project Evaluation

The EB-5 Immigrant Investor Program, which carves out a pathway for foreign investors to obtain U.S. green cards for themselves and their immediate family, offers two types of investment projects: those located within a targeted employment area (TEA), and those that are not. The majority of foreign nationals who make an EB-5 investment to obtain permanent resident status in the United States invest in a TEA project because it halves the amount of required capital from $1.8 million to $900,000.

In the past, EB-5 investors would obtain a TEA designation letter from the state labor department attesting to the project’s TEA status. They would then include this letter with their I-526 petition to the United States Citizenship and Immigration Services (USCIS), solidifying their EB5 investment in the lower required amount. …


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Free EB-5 Project Evaluation

The I-526 petition is the first step to initiating the EB-5 process with United States Citizenship and Immigration Services (USCIS). In an I-526 petition, an EB-5 investor outlines details about themselves and their chosen EB-5 project, including the likelihood of the new commercial enterprise (NCE) to create at least 10 new full-time jobs for U.S. workers with the invested capital. If USCIS approves the investor, they are deemed eligible for an EB-5 visa and may apply for conditional permanent resident status for themselves, their spouse, and any unmarried children below the age of 21.

Foreign nationals who have committed to making an EB-5 investment, whether for $1.8 million or the reduced $900,000 amount for targeted employment area (TEA) projects, must compile and submit an I-526 petition to formally launch their EB-5 application process. Although the precise procedure differs from project to project and can be found outlined in a given project’s documentation, EB-5 investors generally file their I-526 petition after transferring their EB-5 capital to a designated escrow account. Should an investor receive a denial on their EB-5 petition, the capital in the escrow account is returned to them. …


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Free EB-5 Project Evaluation

While the EB-5 Immigrant Investor Program is generally the quickest and easiest pathway for a foreign national to gain U.S. permanent resident status, that doesn’t mean the program isn’t complex. Each EB-5 project and each EB-5 investment involves a multitude of factors that an investor must navigate to ultimately emerge victorious with U.S. green cards for themselves, their spouse, and their unmarried children below the age of 21. Questions abound, and on November 10, 2020, investors may finally receive the answers to their pressing EB-5 inquiries.

Starting November 10, Invest in the USA (IIUSA), an EB-5 trade association, is holding a two-week virtual conference on major EB-5 topics, including request for evidence (RFE) and denial trends, redeployment, and challenges caused by the COVID-19 crisis. In a typical year, such a forum would be hosted at an in-person venue, but due to the health regulations surrounding the COVID-19 pandemic, the trade association has opted to host 2020’s forum online. Featuring guest of honor speakers Sarah Kendall (chief of the Immigrant Investor Processing Office, or IPO) and Charles Oppenheim (chief of the Visa Control and Reporting Division at the U.S. Department of State), the virtual forum, insists IIUSA, promises to be just as engaging and informative as an in-person event. …


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Free EB-5 Project Evaluation

Foreign nationals making EB-5 investments to obtain U.S. green cards for themselves, their spouse, and their unmarried children below the age of 21 have enough to worry about between the long wait times for I-526 petition adjudication, the rampant EB-5 regional center terminations in 2019 and 2020, and the financial instability of United States Citizenship and Immigration Services (USCIS). So, unclear instructions for adjudicators that leave room for broad interpretations that could further delay I-526 approval, posing an additional hurdle for EB-5 investors to overcome, is hardly welcomed by the EB-5 world.

In May 2019, USCIS released new training materials for I-526 petition adjudicators. Believing that EB-5 stakeholders, such as those with an active EB5 investment or those operating an EB-5 regional center, should be privy to such information, Invest in the USA (IIUSA), an EB-5 industry trade association, filed a lawsuit against USCIS to publish the documents. Ultimately, USCIS released the documents only to IIUSA, who elected to offer them only to their own members as a member benefit. …


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Free EB-5 Project Evaluation

Foreign nationals who participate in the EB-5 Immigrant Investor Program have two pathways to make their EB-5 investment: directly in a qualifying EB-5 project or indirectly through an approved EB-5 regional center. The EB5 investment pathway doesn’t change the outcome for successful investments: U.S. permanent resident status for the investor and their immediate family members.

However, it does influence how the investment plays out. Those who invest directly are generally required to take on heavier managerial workloads at the new commercial enterprise (NCE), but in return, these investors can exercise more control over their investments. Conversely, those who make an EB-5 investment through a regional center approved by United States Citizenship and Immigration Services (USCIS) enjoy a smaller managerial obligation at the NCE and loosened job-creation requirements that facilitate the attainment of a U.S. …


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Free EB-5 Project Evaluation

The United States boasts the largest economy in the world and is heralded as a beacon of freedom and liberty-so it’s no wonder foreign nationals from around the world dream of a new life in the United States. Unfortunately, for most, it’s but a pipe dream-immigration is difficult. Foreign investors with the necessary means, however, are in luck: an investment through the EB-5 Immigrant Investor Program can grant an investor and their immediate family members U.S. permanent resident status.

Join the Leading Global Economy

The United States’ stronghold on the global economy is no secret: the nation accounts for more than 24% of the global GDP, first by a large margin, with runner-up China claiming only around 16%. The 2019 Global Competitiveness Report also ranked the United States in second place after taking into consideration a number of factors, including institutions, infrastructure, labor market, business dynamism, innovation capacity, and more. …

About

EB5 Affiliate Network

EB5AN is a national leader in the EB-5 visa investment field, dedicated to serving both EB-5 project developers and EB-5 investors.

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