EB5 Visa - Nysa Global

EB5 Visa

EB-5 - Your fast track route to obtaining the US Green Card

What Is the EB-5 Visa?

Passed into law in 1990, EB-5 is a United States permanent residency program that enables foreign investors to obtain an immigrant visa in the country by investing in a business that will benefit the economy and create jobs. EB-5 renders a fast-track route to the US Green Card for applicants fulfilling the stipulated investment and job creation requirements. Investors customarily invest through Regional Centers approved by US Citizenship and Immigration Services (USCIS). Foreign inhabitants and their immediate family members can obtain permanent residency in exchange for investing a minimum of $500,000 in a Targeted Employment Area (TEA) and creating employment for at least 10 US residents within 2 years of investment.

Benefits for EB-5 Investors

The primary benefit is that the EB-5 is a direct path to US Citizenship where investors and their families can apply for US citizenship five years after possessing a Green Card. In addition, there are several other benefits enjoyed by the applicant, their spouse and children under 21 years of age:

Family Security

Personal & Professional Freedom & Security

Healthcare

EB-5 Visa Investment Options

The EB-5 program offers several options for individuals who wish to gain permanent residency in the United States. Under the EB-5 program, the investor is required to invest in a lawful business entity that creates 10 jobs within 2 years of application approval. There are two types of EB-5 investments:

Investing at least $500,000 in a Targeted Employment Area (TEA) - Investing in a rural area or an area which has an unemployment rate equal at least 150% of the national average. USCIS determines whether an area or region qualifies as a TEA.

Investing at least $1 million outside a TEA - This pertains to investing in locations that are considered as non-TEA.

The investor also must determine whether to invest through a Regional Center which enhances the job creation calculation by counting indirect and induced jobs as well as direct jobs; or investing directly in their own business.

Our EB-5 Investment Visa Programs

Once you have made up your mind about investing in a TEA or a non-TEA, you then need to decide what kind of EB-5 program you would like to choose as your path of immigration to the US.

  • Regional Centers
  • Direct Investment

Through the Regional Center option, third parties manage the investments and all aspects of the project. This route combines capital from different investors and uses the collective capital towards a single project.

This program is currently suspended by the US government. Individuals wanting to migrate to the US should make use of the Direct EB-5 program.

Process:

Step 1 - Process starts

  • Select the project you wish to invest in
  • Begin the I-526 immigration process by getting an attorney

Step 2 - Documentation & Filing

  • Fund investment (minimum $500,000 equity funding) Deposit US $500,000 plus admin fee into the project
  • File your USCIS I-526 application

Outcome:

  • USCIS approval OR Denial / Withdrawal
If you receive approval from USCIS, these are the next steps:

Step 3 - Adjustment of Status (if in USA)

  • File for your green card
  • Get your E.A.D card issued
  • Get your Green card issued

OR Consulate Process (if outside USA)

  • File with the N.C.S
  • Interview at a local consulate
  • Get your travel visa issued
  • Get you Green card issued upon arrival

A minimum of 21 months later:

Step 4 – Proof of meeting I - 829 conditions

  • Get your investment sustainment verified
  • Get your job creation verified

Step 5 –Get your Permanent Green Card

  • After all the conditions have been met, you will be issued your Permanent Green Card.

Step 6 – Investment Returned to Investor

  • You will get back the amount you invested (US $500,000)

Typical Structure:

How Do We Select EB-5 Projects for Investment?

Nysa EB-5’s mission is to select the highest quality projects and deliver maximum value for our EB-5 investors. We are leading the way in bringing a professional, institutional approach to our project-selection process.

  • Our team of EB-5 industry experts performs rigorous due diligence to ensure the projects we select are otherwise bankable, regardless of EB-5 funding, as this approach reduces investor risk.
  • We partner with best-in-class firms to enhance our ability to safeguard the transactional integrity of each EB-5 project.
  • In addition, we follow a regional center “agnostic” and “project specific” approach, giving us the flexibility to select the highest quality project and structure, providing our investors a considerable advantage.

EB-5 Completed Project

Project Facts

  • Development: Hotel, marina, spa and restaurant
  • Developer: Edgewater Resources, LLC
  • Project Cost: $32 million
  • EB-5 Investment: $18 million (fully funded/oversubscribed)
  • Regional Center: International Michigan Investments
  • Project Job Creation: 487 direct and indirect jobs
  • Job Cushion: 33%
  • Targeted Employment Area (TEA): Berrien County, Michigan

EB-5 Project Components

  • 92-rooms, full-service leisure/business hotel
  • The Inn at Harbor Shore Residences
  • 48 Lake Michigan condominium suites on floors seven and eight of The Inn
  • 80 slip marina at Harbor Shores
  • Condominium luxury residences

Status:

  • 35 I-526 approved; 1 denial
  • Built and operational since 2014
  • EB-5 jobs created
  • As of summer 2018, 20+ I-829s filed

Nysa’s Role

To guarantee the success of the investment project, Nysa carefully selects and evaluates the project, and helps put together a complete capital stack for 100% financial closure.

Investment

  • Project Selection Recommendation
  • Project Oversight
  • Monitoring of Investment
  • Project communications and updates

EB-5 Processing

  • Application Documentation
  • Filing co-ordination
  • Consular Processing
  • Removal of condition

Immigration

  • Settling in USA – job search, business set up, college, living etc
  • Pre-immigration tax planning

You can also invest directly in an established or newly created business of your own through the direct investment route. This route is preferred by applicants who aspire to take all the business decisions themselves and prefer to have more control over the daily operations, but also understand the underwriting business risk associated with the business/project.

An Overview

History

  • Introduced in 1990 with the objective to promote economic development and creation of American jobs. The program offers permanent residency to foreign investors
  • There is a 10,000 visa quota per year

Beneficiaries

  • Investor + Spouse
    +
    Unmarried children under 21 at the time of application

Program Requirement

  • Make a “risk-based” investment into a NEW U.S. enterprise
  • Create & maintain 10 full-time American jobs for 2 years in Direct Investments

Investment Requirement

  • $ 500,000 for investment in Targeted Employment Area (TEA) locations. TEA defined as project location census tract unemployment 50% above national average; or in rural area. (Nearest metropolitan statistical area population less than 20,000).
  • $1 MILLION
    for investment in non-TEA locations

Process

Step 1: Process starts

  • Select the project you wish to invest in
  • Begin the I-526 immigration process by getting an attorney
  • Write the business plan that needs to be submitted

Step 2: Documentation and Filing

  • Invest in the fund (minimum $900,000 equity funding)
  • File your USCIS I-526 application with the following in place:
    • Business plan
    • Personal information
    • Source of equity funding

Outcome:

  • USCIS approval OR Denial / Withdrawal

If you receive approval from USCIS, these are the next steps:

Step 3: Develop and operate business as per plan

  • Create 10 full time jobs per investor

Step 4: Adjustment of status (if in USA)

  • File for your green card
  • Get your E.A.D card issued
  • Get your Green card issued

OR Consulate process (if outside USA)

  • File with the N.C.S
  • Interview at a local consulate
  • Get your travel visa issued
  • Get you Green card issued upon arrival

A minimum of 21 months later:

Step 5: Proof of meeting I - 829 conditions

  • Get your investment sustainment verified
  • Get your job creation verified

Step 6: Get yourUnconditional Green Card

  • After all the conditions have been met, you will be issued your unconditional Green Card.

What is Required

Nysa's Role

Right from helping you choose the kind of business and investing, to EB-5 application submission and processing, to eventually helping you adjust to your new life in the US, Nysa Global is with you every step of the way!

Investment

  • Business Selection- Consultation & Recommendation
  • Location Analysis
  • Manage EB-5 Compliant business plan writing process inclusive of staffing plan
  • Business/Organisation Legal Documentation
  • Project Oversight
  • Monitoring of Investment

EB-5 Processing (EB-5/L-1/EB-1( c ))

  • Recommend Qualified Immigration Attorney
  • Application Documentation
  • Filing co-ordination
  • Consular Processing
  • Removal of condition

Immigration

  • Relocating/Settling in USA,
  • Dependent Employment, college, living etc
  • Pre-immigration tax planning

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What Our Clients Say

EB-5 Visa Requirements, Documents & Fees

Everything you need to know about the EB-5 visa – from eligibility factors, documents required to costs involved.

  • Requirements to be fulfilled
    for EB-5 Visa Investment?
  • Documents Required
    for EB-5 Visa Application
  • EB-5 Visa Forms &
    Costs Involved

EB-5 Visa Requirements, Documents & Fees

To qualify for an EB-5 visa, the applicant needs to comply with several requirements related to investment such as source of funds, job creation, and business creation. The prime requirements for an EB-5 visa investment are:

Investment amount – The primary requirement to be eligible is to meet the minimum capital amount. i.e., either $500,000 in a TEA or $1 million outside a TEA. The money invested must be considered “at-risk”, meaning that capital return cannot be guaranteed.

Type of enterprise/entity – The investment must be in a “for-profit” new commercial enterprise.

Job creation – The investment must create at least 10 new full-time jobs within 2 years of application approval.

In the case of a direct investment, the investor should be able to furnish details and proof about creating direct jobs for full-time employees, i.e. who work in directly for the new commercial enterprise.

Regional Center investments also count indirect and induced jobs in addition to direct jobs when fulfilling the job creation requirement.

Source of funds – The money invested must not originate from any illegal activity (source of funds is very closely scrutinized by USCIS from two perspectives – the legality of the source itself and also how the investor came to possess the funds for investment)

Types of funds – The funds invested can be salaried income, stocks, securities, bank account deposits, proceeds from asset sales such as real estate, inheritance, gifts and loans from family members. Loans provided the investor must be under a loan agreement and carry sufficient collateral.

Documents Required for EB-5 Visa Application

The first step to acquiring an EB-5 visa is for the applicant to file Form I-526 with USCIS. This requires applicants to submit personal and financial documents for their EB-5 visa. The following list of documents act as a guideline and the actual requirements vary from case to case.

Please contact us if you wish to know the exact list of documents that are required based on your specific case.

  • Evidence that the applicant has invested or is in a continuous process of investing in a for-profit, new commercial enterprise.
  • Proof of any assets purchased for use by the business entity
  • Documents supporting the fact that the applicant will be involved with the enterprise
  • Proof that the investment has led or will lead to at least ten new full-time jobs within 2 years of application approval – direct or also including indirect and induced (depending on whether the project is sponsored by a Regional Center or not).
  • Documents proving that the investment funds have been obtained by legal means such as:
    • Foreign business registration records
    • Corporate, partnership, or personal tax returns filed anywhere in the world in the last 5 years
    • Proof of any other source of income or capital
  • Valid passport
  • Proof of any pending criminal or civil actions against the applicant from a legal body in or outside the USA from the previous 15 years
  • Passport-size photograph
  • Civil documents like birth and marriage certificates
  • Complete medical examination forms as required by the USCIS

EB-5 Visa Forms & Costs Involved

There are several forms and petitions required by the EB-5 application process which require additional fees:

  • Form I-526 which is the immigrant petition by alien investor.
    Cost: $3,675 (This includes the investor and all dependants)
  • Once I-526 is approved, Form DS-260 (application for immigrant visa and alien registration) needs to be filed in order to seek permission to enter the US.
    Cost: $345 per person
  • Form I-829 which is the petition to remove conditions on permanent resident status for the investor and his or her family.
    Cost: $3,750 (This includes the investor and all dependants)


The applicant should be mindful of all fees involved in the application before commencing the EB-5 visa process. It is significant and crucial to have detailed information about EB-5 visa costs and knowledge of EB-5 requirements while considering the differences between the various investment models available. The applicant will also incur some additional fees as a part of the process to file the above petitions and forms:

  • Processing fees
  • Legal fees
  • Administration charges
  • Medical examination costs
  • Obtaining any supporting documents
  • Translation fees from foreign language to English (If any)

Nysa Global’s 8-Step EB-5 Immigration Process & Timeline

Our fool-proof & transparent 8-step process ensures a hassle-free immigration experience for you.

Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8

Why Choose Nysa Global?

EB-5 Visa FAQs

The critical difference between the EB-5 Regional Center Program and the Direct Investment Program is that in a regional centre program, indirect and induced jobs in conjunction with direct jobs accrue to job creation.

EB-5 investment capital must remain in the new commercial enterprise until I-829 approval, indicating that the job creation requirements under the program have been received.  Thereafter, the capital may be returned to the investor as per the investment agreement.

If the applicant has a valid, in-status H-1B visa, he/she is free to apply and obtain approval to the EB-5 program while they are working in the United States without cancelling their H-1B visa or any other pending Green Card petitions.

The EB-1A Extraordinary Ability, EB-1C Multinational Manager/Executive and EB-2 National Interest Waiver categories provide alternative paths to obtain a Green Card through Investment besides the EB-5 investor immigration program.

The types of commercial projects that qualify for an EB-5 investment include as follows:

  • Hotels and Resorts
  • Condominiums and Apartment Buildings
  • Retail
  • Convention Centers
  • Sports Stadiums
  • Casinos
  • Entertainment Venues
  • Office Buildings
  • Medical Technologies
  • Manufacturing Facilities
  • Electric Vehicles
  • Restaurants
  • Agricultural Businesses

You can take a loan to make an EB-5 investment.  The loan must be provided under a formal written loan agreement and sufficient collateral must be provided.

Criminal record involving crimes of immorality or a proven crime which is of political nature committed in the last 20 years may be reason for rejection. A list of major medical problems might also exclude an applicant. It is recommended that an applicant seeks legal advice to decide what waivers may be available for eligibility.

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