We invest in real estate ventures by evaluating and calculating risk factors, market volatility and demand. With our team of expert brokers and Top EB5 Lawyers we can create a solid and profitable portfolio for your employment-based EB5 immigration process.
Currently we are seeking potential investors who are willing to invest in Fair Pattern Properties Inc. and acquire United States Immigration through the below options:
All Legal matters, advise and interview preparations through our Manhattan based Top affiliated law firm
All Paperwork and correspondences will provided by our affiliate law firm
Company formation, accounting, tax filing, employment and payroll taxes
Generating revenue, profitability, employment and management of business
All EB-5 investors must invest in a new commercial enterprise.
All our Real Estate Investments will be channeled through an Approved Regional Center.
An EB-5 investor must invest the required amount of capital in a new commercial enterprise that will create full-time positions for at least 10 qualifying employees.
In comparison with the other employment and family-based Green Card categories, the EB-5 program offers an expedited way for qualified foreign investors to obtain a US Green Card and US citizenship.
Employment Based Visa Category 5 (EB-5) is often called an investor visa. Foreign investors and their family members who meet certain, very specific criteria can qualify for this visa.
Congress created the EB-5 Program in 1990 to benefit the U.S. economy by attracting investments from qualified foreign investors. Each investor is required to demonstrate that at least 10 new jobs were created or saved as a result of the EB-5 investment. The minimum amount of investment is $1 million or $500,000 if the investment is made in certain highunemployment areas or through a regional center.
The EB-5 regulations require the investment must be at risk in terms of both financial investment and immigration status. Meaning:
During the process, EB-5 investors are subject to the same background checks and national security screenings as applicants in any other visa category. Like any other investment vehicle, EB-5 investment funds are subject to U.S. securities and anti-fraud laws and regulations.
In 1992, congress enhanced the economic impact of the EB-5 program by permitting the designation of Regional Centers to pool EB-5 capital from multiple foreign investors for investment in USCIS-approved economic development projects within a defined geographic reign. Today, over 90% of all EB-5 capital is raised and invested by Regional Centers.
An investor can either get a green card alone or along with the spouse and unmarried minor children. The investor must have either already invested or actively in the process of investing the required amount of capital into a new commercial enterprise established by them. Furthermore, it must be demonstrated that the investment will benefit the U.S. Economy and create the requisite number of full time jobs for qualified persons within the U.S.
Generally, Eligible individual include those:
An EB-5 Regional Center is an organization, designed and regulated by USCIS, which facilitates investments in job-creating economic development projects by pooling capital raised under the EB-5 immigrant investor program. Regional centers can be publicly owned (e.g. by a city, state or regional economic development agency), privately owned, or be a public-private partnership.
EB-5 investments that are affiliated with EB-5 Regional Centers are made through private placements – the sale of securities to a relatively small number of select investors. Like all private placements, which are used by companies to raise capital in a number of contexts, EB-5 private placements are governed by federal and state securities laws and regulations.
A private placement memorandum is developed that details the investment offering, including detailed explanations of the projects that will be funded along with disclosures of risk and material information consistent with all applicable federal and state laws. The economics of the project related to EB-5 specially, the expected job creation, are also detailed in the memorandum. In some cases, the issuer of the private placement memorandum is an EB-5 Regional Center itself. In other situations, the issuer is business entity that will be receiving the investment funds and is affiliated with a Regional Center.
By law, EB-5 investments must be "at risk" in the same way that any equity, stock or other type of investment carries inherent risk. Regional centers, like other entities that market investment opportunities, cannot guarantee a return on investment. Regional Centers also cannot guarantee return of the investment principal to the investor.
An EB-5 investor, by law, is required to invest a minimum of $1 million. However, if the investment is located in a Targeted Employment Area (a rural area or area of high unemployment designated by USCIS the amount could be less than $1 million. Regional Centers funding projects in a Targeted Employment Area can accept a minimum of $500,000 from each EB-5 investor.
For investments in areas other than "targeted employment areas," the minimum amount of investment is $ 1 Million. Investments in "targeted employment areas," including most regional center projects, can qualify with a minimum of $500,000.
A targeted employment area is a rural area or a geographical area that has experienced unemployment at a rate of at least 150% of the national average rate. Individual states are authorized to designate geographical areas within the state that qualify as targeted employment areas.
The entire amount of the investment need not be in cash. Assets transferred to the U.S. investment can be included at fair market value. Amounts borrowed by the investor can be included in the required minimum investment amount but only to the extent that the debt is secured by assets owned by the investor, and the investor is personally and primarily liable. The assets of the business in the United States in which the investment is made cannot be used to secure any of the indebtedness.
The entire amount of the investment need not have been made at the time of filing the petition. However, the investor must prove availability of the funds and an actual legal commitment of the required amount of capital. A mere intention to invest or plans for a future investment where there is no present commitment of the funds will not qualify. Most approved EB-5 investors have invested the full $500,000 or $1,000,000 at the time of application.
The investment must be in a "new commercial enterprise" in the United States. "New" means that the investment must have been made after November 29, 1990. "Commercial" is to be distinguished from a passive, speculative investment, such as a purchase of real estate for use as a personal residence or for potential appreciation in value (as opposed to an active real estate development project).
The U.S. investment can be: (1) the creation of a new business; (2) the purchase of an existing business, which is reorganized to form a new enterprise; or (3) the expansion of an existing business.
The investment must result in a 40% increase either in the net worth or the number of employees of the business. For example, if a business has a $5 million net worth and employs 50 people, the investment would qualify either if it increases net worth by $2 million or if it results in an expansion of 20 employees.
The investor need not own any specific percentage of the business, be an officer of the business or be an employee of the business. However, the investor must be engaged in some way in the business, whether through actual day-to-day managerial control, by being a member of the board of directors, by being a limited partner, or the like.
The investment must create full-time employment for at least 10 U.S. citizens or immigrants (permanent resident aliens and other specified immigrant categories). The required 10 positions cannot include the investor or the investor's spouse or children. The 10 jobs must be for employees of the enterprise in which the investment is made and cannot include independent contractors. However, for approved regional centers, the creation of employment can include indirect and induced employment.
The EB-5 petition must document that the required 10 jobs will be created within a 2 1/2 year period immediately following the approval of the EB-5 petition.
There is no limit to the number of investors who may qualify for immigration based upon an investment in a single business. However, each investor must invest the required minimum amount, and the number of jobs created must be equal to ten times the number of qualifying foreign investors. For example, if five investors each invest $1 million in a business, they can each qualify for immigration if 50 jobs are created in the business.
The investor, his or her spouse and any unmarried, under 21 year old children can obtain permanent residence at the same time and through a single investment of the mother or father.
The investor is free to travel in and out of the United States subject to the rules generally applicable to permanent residents. Specifically, the investor must maintain a residence in the United States and must not be outside the United States for a continuous period of one year or more, unless she has obtained a reentry permit.
Form I-526, "Immigrant Petition by Alien Entrepreneur," must be filed with USCIS. The petition must be supported by a substantial amount of documentation proving that the investor meets all of the requirements. Once the petition is approved, the investor may either apply for an immigrant visa at a U.S. Consul or, if the investor is in the United States, apply for adjustment of status to permanent residence.
Form I-526 is filed with the USCIS. The application for conditional permanent residence is filed with USCIS if the investor is in the U.S. or through the National Visa Center if the investor will be outside of the U.S. and attending an interview at the U.S. Consulate in the home country. The condition removal petition, Form I-829, is filed with the USCIS.
The I-526 petition is generally reviewed within three to six months for a direct EB-5 and often more than a year for a regional center EB-5. The conditional permanent residence process generally takes between six and twelve months depending upon whether the investor is in the U.S. or, if outside of the U.S., which consulate will be interviewing the investor.
The basic rule is that there must be documentation to establish each of the requirements set forth above. Specifically, documentation must prove the actual transfer or commitment of funds; the lawful source of the investor's funds; the location of the investment in a targeted employment area (if the investment is less than $1 million); the investment in a new commercial enterprise; the involvement of the investor in the business; and the actual creation of 10 full-time positions or a comprehensive business plan showing the need for the 10 employees and the approximate dates when they will be hired. Specific additional documents will be required depending upon the details of the investor and the investment being made.
Generally, the investor will present some combination of individual and/or business tax returns, employment records, documentation regarding sale of or dividends from a business, documentation regarding gifts or inheritance, and documentation regarding securities or real estate transactions.
Yes. However, in that case, the person giving the gift must prove the lawful source of the gifted funds.
USCIS has approved a large number of regional centers. If an investor invests in one of these approved regional centers, the investor will not need to prove the creation of direct jobs for 10 U.S. workers. Rather, creation of indirect and induced employment based upon econometric projections is sufficient.
No. There is both an immigration risk and a financial risk. Regional centers may have a number of different projects. It is possible for a regional center to obtain pre-approval of a specific project. Even if a project is pre-approved, there is an immigration risk as to whether the necessary jobs will be created in order to obtain removal of conditions. There is also financial risk in every investment. For these reasons, it is critical for the investor to choose both the regional center and the regional center project very carefully.
The investor must prove that the investment has been sustained – not withdrawn – and that the requisite jobs have been created.
If the necessary jobs will not be created, the investor will not be able to obtain removal of conditions on permanent residence and will lose any legal status in the U.S. If there will be a change or delay in creating the necessary jobs, it may be necessary for the investor to file a new I-526 petition and obtain a new two year period of conditional permanent residence status. It may not be necessary to do this if the investor can prove at the time of filing of the I-829 petition that all of the necessary jobs will be created within a "reasonable time" (defined as one year).
Four years and nine months after obtaining conditional permanent residence status if the investor meets physical presence and residence requirements. Applying for U.S. citizenship is optional.
All comments and/or opinions are for general and educational purposes only, and should not be used as legal advice. In addition any comments and/or opinions do not create an attorney-client relationship. In order to obtain a comprehensive and accurate legal opinion you should consult an attorney with the specific and detailed facts or your case/question.
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