Eb5 visa

EB5 VISAPOWERPOINT PRESENTATION

GLOSSARY

EB-5 VISA’S DEFINITION

BENEFITS OF THE EB5 VISA

TWO INVESTMENT OPTIONS TO OBTAIN A GREEN CARD

EB-5 PROCEDURES◦Regional Center registration process◦Application Process◦Adjustment of Status or Consular processing◦Removal of conditions◦Filling fees

INFORMATIONS

EB-5 VISA’S DEFINITION.

IT’S AS AN EMPLOYMENT-BASED IMMIGRANT VISA.

• IT IS AN IMMIGRANT VISA ISSUED FOR HAVING MADE AN INVESTMENT IN THE UNITED STATES THAT CREATES JOBS FOR OTHERS.

• IT IS OFTEN REFERRED TO AS THE EMPLOYMENT CREATION CATEGORY.

THE EB-5 GREEN CARD IS A CONDITIONAL VISA FOR THE FIRST 2 YEARS.

AFTER 2 YEARS YOU MUST APPLY TO HAVE THE CONDITIONS REMOVED.

THERE ARE NO RESTRICTIONS ON TRAVEL WHILE HOLDING THE GREEN CARD.

HOWEVER, ONE MUST ALWAYS MAINTAIN RESIDENCY/DOMICILE IN THE USA.

BENEFITS OF THE EB5 VISA.

OBTAIN PERMANENT RESIDENCY IN THE USA.

RECEIVE PRIORITY PROCESSING BEFORE OTHER IMMIGRATION CATEGORIES.

HAVE THE RIGHT TO LIVE, WORK AND/OR RETIRE IN THE USA.

CHILDREN BENEFIT FROM RESIDENTIAL TUITION FEES WHICH CAN BE AS LOW AS $5,000 FOR UNIVERSITY.

WITHIN 5 YEARS OBTAIN ELIGIBILITY TO APPLY FOR US CITIZENSHIP AND THE AMERICAN PASSPORT.

TWO INVESTMENT OPTIONS TO OBTAIN A GREEN CARD.

CATEGORY REGIONAL CENTER STAND-ALONE EB-5 PROGRAM

TEA 1 Non TEA

Number of visas allotted per year

3,000 10,000

Minimum capital investment

$500,000 $500,000 $1,000.000

Funds must be obtained from legal sources

Yes Yes

Capital must be invested prior to filing Form I-526

Yes (Safe escrow account)

Yes

Employment creation requirement includes direct and indirect jobs

Yes No (direct jobs only)

Direct responsibility for job creation

Investor is not directly responsible for requisite

job creation

Investor is directly responsible for creating

the requisite 10 new jobs

Direct responsibility for USCIS reporting

No Yes

Business owner? No (General Partner for the LLC)

Yes


TEA 1 Non TEADirect management of business on a daily basis

Do not require direct management by the

investor on a daily basis

Require a high level of involvement and daily

management

Control concerning resulting business

Investors hold only limited control and

responsibilities in the resulting business

Investors hold a strong level of control over the resulting business and

its functions

Approval of a Project by USCIS

Generally pre-approved Determination made after the review of the economic feasibility

report

Returns on the investment

Fixed/Lower Flexible/Higher

Safety of the Investment in case of I-526 denial

Yes (full amount of $500,000 returned to

the investor)

No guarantees

Mandatory permanent residence in a state of business investment

No Yes


TEA 1 Non TEAProfessional assistance with immigration process

Yes (by the qualified team of the Regional

Center)

Yes (You have to hire your own consultants)

Cost One-time fee covers all expenses over next 5

years

Evolving costs at various stages

I-526 Petition review by USCIS (in most cases)

2-3 months 8-12 months

Immediate family members qualify for the same status

Yes Yes

Permanent Residence Status after the removal of conditions

Yes Yes

Opportunity to become a U.S. citizen

Yes Yes

EB-5 PROCEDURES.

REGIONAL CENTER REGISTRATION PROCESS.

1. SELECT YOUR REGIONAL CENTER.

2. SUBMISSION OF CONFIDENTIALITY DOCUMENTATION.

3. SUBMISSION OF VALID TRAVEL DOCUMENTS.

4. PRESENTATION OF INVESTMENT PROPOSAL.

5. SUBSCIPTION AGREEMENT AND INVESTMENT.

6. PREPARING AND SUBMITTING THE I-526 PETITION.

7. USCIS’S PROCESSING OF THE I-526 PETITION.

APPLICATION PROCESS.

1. FILE A FORM I-526, PETITION BY ALIEN ENTREPRENEUR.

2. UPON APPROVAL OF THE FORM I-526 PETITION EITHER:

FILE A FORM I-485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS.

OR, FILE A DS-230, APPLICATION FOR IMMIGRANT VISA AND ALIEN REGISTRATION.

THE EB-5 INVESTOR IS GRANTEDCONDITIONAL PERMANENT RESIDENCEFOR A TWO-YEAR (2) PERIOD:

UPON THE APPROVAL OF THE I-485 APPLICATION;

OR

UPON ENTRY INTO THE UNITED STATES WITH AN EB-5 IMMIGRANT VISA.

FILE FORM I-829, PETITION BY

ENTREPRENEUR TO REMOVE CONDITIONS,

90 DAYS PRIOR TO THE TWO-YEAR (2)

ANNIVERSARY OF THE GRANTING OF THE

EB-5 INVESTOR’S CONDITIONAL RESIDENT

STATUS.

ADJUSTMENT OF STATUS OR

CONSULAR PROCESSING.

ADJUSTMENT OF STATUS IF:

THE INVESTOR IS ALREADY INSIDE THE UNITED STATES.

2 CONSULAR PROCESSING IF:

THE INVESTOR IS NOT ALREADY IN THE UNITED STATES;

OR

THE INVESTOR IS IN THE UNITED STATES ONLY THROUGH THE VISA WAIVER PROGRAM;

OR

THE TEMPORY VISA OF INVESTOR IS LIKELY TO EXPIRE BEFORE HIS I-526 PETITION IS DECIDED.

REMOVAL OF CONDITIONS.

FORM I-829, PETITION BY ENTREPRENEUR TO REMOVE CONDITIONS.

THE PETITION MADE BY ENTREPRENEUR TO REMOVE CONDITIONS IF THE POSITIONS CAN BE EXPECTED TO LAST AT LEAST 2 YEARS.

DOCUMENTS MUST BE SUBMITTED:

1. A COPY OF THE PERMANENT RESIDENT CARD.

2. EVIDENCE TO SHOW THAT INVESTOR HAS MAINTAINED YOUR EB-5 INVESTMENT.

3. EVIDENCE OF JOB CREATION AS THE RESULT OF THE INVESTMENT.

4. BIOMETRIC SERVICES (photograph, fingerprint and signature).

FILLING FEES.

I-924, APPLICATION FOR REGIONAL CENTER UNDER THE IMMIGRANT INVESTOR PILOT PROGRAM:

$6,230.

I-526, IMMIGRANT PETITION BY ALIEN ENTREPRENEUR:

$1,500.

I-485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS:

$1070 ($985 + $85 biometric fee)

I-829, PETITION BY ENTREPRENEUR TO REMOVE CONDITIONS:

$3,835 ($3,750 + $85 biometric fee)

ADDITIONAL FEES FOR REGIONAL CENTERS WHICH IS DIFFERENT ACCORDING TO DIFFERENT REGIONAL CENTER IF THE IMMIGRANT INVESTOR PILOT PROGRAM IS SELECTED.

INFORMATIONS

1 TEA: a rural area with a population less than 20,000 or a high-unemployment area.

2 Consular processing means the investor will need to apply to obtain the immigrant

visa through a US consulate in his home country.

Brownstein, Brownstein & Associates.

Canadian Head Office: Montreal

6000 Cote-Des-Neiges Suite 590Montreal, Quebec, Canada H3S 1Z8T: (514) 939-9559 F: (514) 939-2289Email: [email protected]

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