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Investor Immigration FAQS






Q: Who are potential EB-5 Investors?

EB-5 investors include people from all walks of life: professionals, business people, persons wanting to facilitate a child’s education, and retirees. Because the EB-5 visa permits employment in the U.S., many EB-5 investors also create their own companies, become involved in charity or part-time work. Simply put, the EB-5 visa gives you the flexibility to do what you want in the United States. If you don’t want to actively manage your business, you should consider a regional center EB-5 investment.


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Q: May I consider other visa class options beyond EB-5 visa?

Yes. If you have a U.S. citizen parent or child over 21 years of age, you may consider family-class visa categories. If you have exceptional skills or are famous, you may qualify for a green card based on your extraordinary ability. If you want to manage your own business, consider an L-1 (Intracompany Transferee), E-2 (Temporary Treaty Investor).


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Q: What is the investment amount for EB-5 visa?

The requirement for this program is an investment of $1.0 million or $500,000 in a targeted employment area (TEA).


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Q: How long does it take for an EB-5 application to be approved and a green card issued?

It takes about two months to make the investment, gather the necessary documents, and file the petition. Most petitions are approved in about 12 - 16 months. One can then apply for adjustment of status in the U.S. or an immigrant visa overseas. Adjustment of status for EB-5 cases can be processed in about 12 months, but may take longer. The immigrant visa at the American consulate requires about 8-12 months. After approval, it usually only takes a few weeks or months for the conditional green card to arrive.


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Q: Can money gifted by a parent or other relative be used for an EB-5 investment?

Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arm’s-length transaction, and that it is a not a sham gift nor that the gifted funds will be given back after permanent resident status is granted.


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Q: Can attorneys advise me on whether an investment will provide a good financial return?

No. Attorneys will only advise on visa matters. You will need to conduct your own due diligence and economic analysis, or hire experts to do so. Attorneys may provide a list of such experts based on investor’s request.


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Q: How do I start the process?

Contact CFUIS at (813) 298-7222 or by email, info@cfuis.com.


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Q: What documents should I prepare to process my investor green card petition?

You need complete biographical information and you must prove the source of the investment funds. To prove the source of investment funds, USCIS requires five years of personal and business, if any, tax returns; proof of ownership in any businesses; and business licenses. You must present a track record of a credible or honest source of fund. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred by providing an official document, such as a closing statement or contract or other official documents. This is not an exhaustive list. Other documents may be required and vary on a case-by-case basis. Seek the help of one of our experienced attorneys if you are from a country where strict or honest tax regime does not exist.


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Q: What are the most problematic issues with EB-5 cases?

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, case examiners require a well-documented source of funds.


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Q: Are people from any country in the world able to apply for EB-5 visas?

Technically, Yes. However, persons from countries that do not have reliable tax and other financial documentation will find it much more difficult to prove an EB-5 visa application; however, it still can usually be done. Seek the help of one of our experienced attorneys if you are from a country where strict or honest tax regime does not exist.


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Q: Where can learn more about relevant law and regulations on EB-5 visas?

Visit USCIS website at www.uscis.gov. After visiting the site, if you have any further questions, please contact CFUIS at (813) 298-7222 or by email, info@cfuis.com.

 

 

The information contained in our FAQs are provided for informational purposes only, and should not be construed as legal advice on any subject matter, and should also not be viewed as establishing an attorney client relationship of any kind. Potential clients should schedule an appointment to speak or consult with one of our knowledgeable attorneys to address their particular immigrations needs or situations.


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