The much-talked about EB-5 Investor Visa of the US is highly preferred by the investors from overseas who wish to invest in the US, and pocket the highly prized Green Card for permanent residency purposes. Thanks to the program for the EB-5 visa, this is achievable. The applicants have to fulfill certain investment requirements to pocket this permit.
Amount of Investment – Chosen Regional Hubs
For pocketing EB-5 Visa, it is crucial that an investor makes an investment of $500,000. It needs to be mentioned that investments are inside what is called a Targeted Employment area (TEA). The given fund is the smallest amount permitted by the laws of the US to make the grade for the EB-5 Permit in a high unemployment area (TEA) even as this is described as 150% of the standard unemployment figure of the nation.
Every person from abroad–who happens to be an EB-5 Visa Investor–is expected to come-up with not less than 10 full-time American jobs through his investment. Across chosen regional hubs, the requirement for job creation may exploit, direct as well as indirect employment formation, to duly establish that they have fulfilled the requirements of the USCIS.
In a situation wherein the investment made does not come in a sanctioned regional hub, the job-openings should be straightway brought into existence by the body the investor could be making an investment in.
Investment Funds Foundation
It is essential that the investor establishes that his investment capital of $500,000 is from a fully officially authorized source. The rules and regulations strictly forbid the use of the resources acquired–both in a direct and indirect manner–through illegal means (for instance, unlawful actions). Documenting the authorized attainment of the funds, for the EB-5 permit investment, has to be duly done.
Significantly, an applicant cannot prove legal source of funds just via presenting letters of bank or reports duly mentioning the funds deposit. Minus proper documentation of the roots of the said funds, the candidate cannot prove that he actually owns the funds. Just stating–minus the supporting documentary proof– is insufficient for the object of catering to the requirement of evidence.
The investor may also reveal a pattern of earnings to appropriately validate the investment for EB-5 permit. As necessitated by the laws, records for income tax must also be made available, preferably for a period past the 5-years. Also be presented, the present records of savings & personal investment to duly establish that even in a situation wherein an applicant has not taken home a considerable yearly income, there is a convincing claim that the required amount was earned and generated over a period of time.
Though an investor could pocket a bequest of funds, in such an instance, the Immigration US will need information prior to suitably tracking-down the roots of the funds from the one who may have proffered the gift.
Establishing the source received via loan
Without a doubt, it is rather tough to establish that one’s own resources are, certainly, one’s own. In a situation wherein the said funds are acquired via loan, there could be greater inquiry. In case the loan is acquired through the fresh commercial venture as security, the laws explicitly disallow employing the money for loan for the objects of the EB-5 permit. It hardly matters if the loan comes from a lender (third party), or the firm itself. In any case, the submission is not likely to be entertained in a situation wherein the credit is secured through the fresh commercial business.
EB-5 permit investment should be at risk
It is vital that the capital investment of the aspirant is strictly at risk, and not just a loan. There can be no assurances whatsoever on an investment for EB-5 permit, even while the given investment should strictly be at risk, according to the federal rules. Further, there may be no reference at all to assurances or the rights (redemption).
Assurances of return of any capital are firmly not allowed, and in case offered, cancel-out the at risk condition of the EB-5 law, even as the application of the investor would be rejected. As the entire funds have to be at risk, the accounts (reserve) as well are not permitted.
Ajay Sharma is an immigration expert who provides his valuable advice to people seeking immigration in countries like Canada, Denmark, USA, Australia and many others. With years of experience under his belt, he is the principal immigration consultant of ABHINAV.com, which is in business since 1994. Over the years, Abhinav has continually stood the test of time and has helped its clients in accomplishing their relocation dreams to foreign lands, successfully and smoothly.