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eb5help

Frequently Asked Questions

U.S. green card holders are able to reside, work, and retire anywhere in the United States, lawfully and permanently. Additional benefits include hassle-free entry and exit from the U.S., the ability to apply for federal education aid, and Social Security and insurance benefits. Permanent residents may also sponsor their relatives for green card applications.

A TEA is a geographical area that is considered rural, or has an unemployment rate of at least 1.5 times the national average. When EB-5 Visa applicants invest in a TEA, they can invest $800,000 rather than $1.05 million.

TEAs are determined for regions with high unemployment rates or remote locations. In order to qualify for a high unemployment TEA, the project must be in a census tract, or in any adjacent census tracts that share a boundary with the project's tract, where the average unemployment rate is 150% higher than the national average. Rural TEAs include all areas outside of Metropolitan Statistical Areas that have a population of fewer than 20,000 inhabitants. The Department of Homeland Security holds exclusive authority for designating TEAs.

Each EB-5 Visa investment must create at least 10 full-time jobs for U.S. workers, lawful permanent residents, or immigrants authorized to work in the United States. Job creation must occur over a period of two years. By pooling funds with other investors in a Regional Center, investors receive the benefit of indirect job creation.

The I-526E petition is the initial visa application as part of the EB-5 Immigrant Investor Program. Prospective investors and their attorneys file this petition with the USCIS and include documentation demonstrating the investor’s eligibility.

The I-829 petition is the final step in the EB-5 Immigrant Investor Program. Investors and their attorneys file this petition with USCIS, and provide evidence that the investor has successfully fulfilled all of the program’s requirements, particularly that investor funds resulted in the creation of at least ten jobs. Upon approval of the petition, investors and their family members receive permanent green cards.

The USCIS issues conditional green cards after approval of the I-526E petition. These green cards last for two years. Investors receive permanent green cards upon USCIS approval of the I-829 petition.

I-526E petitions are most commonly rejected due to the applicant’s failure to demonstrate that investment funds were lawfully obtained.

Upon application approval, the investor and family are eligible for a green card. This includes the investor’s spouse and unmarried children under the age of 21, including adopted children.

 

Investors and their attorneys must submit the I-829 petition within 90 days of the conditional green card’s expiration. Upon the I-829 approval, the conditions of the initial green card are removed, and investors and their family members can become permanent U.S. residents.

Yes. Green card holders are taxed in the same way that U.S. Citizens are; green card holders are subjected to federal tax on worldwide income as of the date they become residents.

To receive a conditional green card, investors must prove that they legally obtained all funds used for an EB-5 investment. Funds may come from legal business, salary, investments, property sales, inheritance, gifts, loans, or other lawful means.

No. There are no language requirements for investors or their family members. In order to read our offering documents and marketing materials, it may be necessary for investors to hire a professional translator. Please contact our office for more information.

No. While business experience and education may be beneficial, they are not required.

Additional fees include an administrative fee to the Regional Center, fees charged by immigration attorney, and fees charged by the USCIS.

Per current USCIS policy, every EB-5 investor is required to maintain their funds “at-risk” through the completion of their two-year conditional residence period (or sustainment period). An investor is eligible to receive a return of their capital upon the completion of their sustainment period. Return of capital is subject to the project’s ability to repay the investment amount.

We make the best effort to refund the full investment amount as quickly as possible. EB5 Capital maintains a refund policy. Please request a copy at the time of investment review.

No. USCIS forbids redemptions or guarantees for EB-5 investors. The investment must be “at risk”, as described in our offering memorandum.

The risks vary depending on the project. In general, EB-5 investor risks include:

  • Fluctuations of economic conditions
  • Risks inherent in the real estate market
  • Statutory changes
  • Risks associated with a private offering

Every investment “fund” is a new commercial enterprise, and the investor is a member. An affiliate of EB5 Capital serves as the General Partner or Manager and manages the everyday affairs of the LP or LLC.

To participate in the EB-5 Program, investors must file the I-526E petition with the United States Citizenship and Immigration Services (USCIS). After I-526E approval, investors will file a separate petition – the I-829 petition – to receive permanent residency.

Yes, all of EB5 Help's offering documents have always contemplated the new commercial enterprises (NCE), being able to make a series of investments beyond the original EB-5 investment because they were each formed for the ongoing conduct of lawful business. If there is a need to redeploy the funds while investors await their I-829 approval, EB5 Help's will redeploy these funds in compliance with USCIS regulations to ensure that investors’ immigration status stays protected.

We evaluate and select high qualify commercial real estate projects across all major asset classes (Office, Hotel, Multifamily, Industrial; Mixed Use) that meet our set of immigration and financial due diligence requirements. The redeployed funds will continue to generate returns for EB5 investors.