The following is a general overview of the EB5 investor application process and our procedures for review of a potential investor’s eligibility for the Program:
Potential EB-5 visa investors must sign a Non-Disclosure Agreement and complete a Questionnaire in order for our firm to make a preliminary determination if they qualify for the Program. These forms are designed to protect both our firm’s and the potential investor’s interests and to maximize everyone’s time and effort in connection with this process.
If the preliminary determination is that you are a good candidate for the Program, the next step is to identify a potential project in which you may wish to invest. Qualified Investments are summarized in the Private Placement Memorandum or Offering that is drafted on behalf of the company that is seeking to raise investment capital – known as the New Commercial Enterprise There are a wide range of potential investment opportunities (such as commercial real estate development and loans for new businesses or franchise opportunities) and having at least a general idea of the type of investment that you wish to consider will help in the review process. The information provided in the Offering is typically extensive and if the opportunity is one that you wish to pursue it is advisable to seek assistance from subject area experts such as attorneys, accountants and investment advisors.
In order to become a lawful permanent resident, the immigrant investor must file a Form I-829 Petition by Entrepreneur to Remove Conditions, along with any necessary supporting documents. This petition must be filed within the ninety (90) day period immediately prior to the second year anniversary of the investor’s admission to the United States as a conditional permanent resident. The investor must be able to prove that the necessary jobs were created as a result of the qualifying investment in order to receive permanent residence status for the investor, as well as the investor’s spouse and any children under the age of twenty-one (21).
Contact our immigration law firm for a free consultation or with any questions.