EB-5

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The Regional Center EB-5 Program Detail

This EB-5 visa is for investors that wish to permanently relocate to the United States and who invest at least $1 million in a new commercial enterprise with at least 10 employees who are full-time U.S. workers.

E-2 Visa (not a Green Card) E-2 visas are used for people that buy or start a business in the US. There must be a trade treaty in effect between the persons home country and the US to be eligible for this visa. The E-2 is issued at the US Consulate abroad and spouse and children are eligible for E-2 dependency status as well. Also the spouse is eligible for Employment Authorization Document (“EAD”) allowing them to work for any company in the United States for the duration of the E2. The E-2 may be renewed for the duration of your business in the United States (as long as it continues). However if you want to sell your business or retire, the E-2 becomes invalid. Often E-2 visa holders wishing to obtain Green Cards will invest in EB5 Regional Center’s to obtain fast Green Cards. E-1 visas are available to persons who do trade between their home country and the United States. If the E-1 visa holder wishes to obtain a Green Card, EB-5 Regional Center investment is the fastest way to accomplish this.

Who qualifies?

	Investor invests at least $1 Million (in us dollars) (or $500K in certain cases) in working capital (no passive investment).
	Capital can consist of: cash, equipment, inventory, other tangible property, cash equivalents, and indebtedness secured by assets owned by investor[1]
	The investment must be substantially complete prior to the end of the 2 yr conditional residency period.
	Minimum investment reduced to $500K if business situated in “targeted” employment area: * Where unemployment is at least 150% of national average or * In a rural area
	The investment creates at least 10 full time jobs for US citizens, lawful permanent residents, or other immigrants authorized to work in US _____________________ [1] Does not constitute investment: (1) Loan to company or any other debt btw company and investor, (2) retained earnings, (3) unsecured promissory notes.

What is the process?

Adjustment of Status or Consular Visa Processing

	Upon approval of petition, investor and immediate family[1] may file for immigrant visa at US Consulate or apply for Adjustment Status if investor already in US.
	Conditional Green Card status confers same right as permanent unconditional Green Card

Removal of Condition in 2 Years

	Within 90 days of 2 year conditional green card’s expiration, investor must file petition to request removal of condition by filing Form I-829.
	Determination made within 90 days of filing or interview (whichever is later)
	Should be granted if investor demonstrates he met three requirements. * if granted, for indefinite permanent resident status and work permission in US * Will remain in “valid” status while I-829 is pending and extended in 1 yr increments until USCIS acts on petition. While valid, authorized to travel. _____________________ [1] Includes spouse and unmarried children under 21 years.

How long does the visa last?

	The visa is issued for a two year conditional residency period
	If the person is found to have qualified at the end of the two years the visa is converted to permanent residency.

What documents are required?

1. Evidence of existence of business enterprise
2. Business organization documents (or authorization to do business in US state/municipality or Articles of Incorporation)
3. Evidence of lawful capital
4. Corporate, partnership and/or personal tax returns for past 5 yrs
5. Foreign business registration record (or evidence showing other source of capital)
6. Other proof of investor’s income during previous years
7. Certified copies of judgment or pending action for monetary judgment past 15 yrs
8. Sales contracts if source of funds is from sale of house or business
9. Evidence of investment
10. Bank statements; evidence of property transferred from abroad; evidence of purchased assets; stock certificates for investments; or loan or mortgage agreements
11. Evidence of investor’s day to day operation of enterprise[1]
12. Title and description of investor’s job duties[2]
13. Evidence showing creation of at least 10 jobs for US workers
14. If investors hired employees, I-9s forms and tax records[3]
15. If in category requiring minimum $500K investment,
    1. show jobs have been or will be created in targeted employment area
    2. statistical proof that targeted employment area has high unemployment
    3. state agency letter demonstrating area classified as high unemployment area
       ____________________
       [1] Does not apply to investors in Regional Center Program
       [2] Or if partnership, evidence proving investor-partner’s management or policy making activities
       [3] Or if no current employees, business plan showing 10 US workers will be hired within next 2 yrs.

Regional Center Program

1. 5,000 visas set aside for those who invest in designated “Regional Center Program”
2. Removes 10 employee requirement
   (can present evidence that 10 jobs will be created in Regional Center economy)
3. Does not require investor’s day to day mgmt or involvement in running active business
4. Does not require investor to live in place of investment
5. Given priority by USCIS, quicker approval
6. Usually investors are offered position as limited partner w/o right to manage.

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MyRealEstateHq.com is the official web site of Prominence Capital Advisors, LLC and is in no way affiliated with any other entity mentioned on this site. Nick Zigic, license #01436050, an officer of Prominence Capital Advisors, LLC, is a California licensed real estate broker.