General Questions

How many EB-5 visas are allotted each year for this classification?

The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. Five thousand immigrant (5,000) of these visas are set-aside for aliens who invest through regional centers.

Must I have previous business experience or education?

The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he or she has the required net worth and capital and prove that the source of funds are lawful through proper documentation.

Must I speak English?

No. An investor should obtain the services of a translator (friend, attorney, family member) to read our fund materials and contact our office for more information.

What makes this program different from the L-1 (manager transfer) or E-1/2 (Treaty Trader/Investor)?

Participation in the Immigrant Investor programs yields permanent resident status. The E-1/2 Treaty Investor or Treaty Trader programs allow for nonimmigrant status only. When the qualifying trade PR investment ends, so does the non-immigrant status that has been granted to the alien. Likewise, the L-1 is a non-immigrant classification. Unlike E-1/2, an L-1 alien can apply for classification as a Multinational Executive or Manager. If such a case is approved, which is becoming more difficult due to the high number of fraudulent cases and a subsequent tightening of the review process, the alien may apply for Permanent Resident status.

Investment Questions

What is a limited partnership?

A limited partnership is a business organization with one or more general partners, who manage the business and assume legal debts and obligations, and one or more limited partners, who are liable only to the extent of their investments. Limited partners also enjoy rights to the partnership’s cash flow, but are not liable for company obligations.

How is my limited partner interest protected?

The USCIS requires that some financial risk be involved so we cannot guarantee the return, but we do make all best efforts to minimize the amount of risk by making sure that the investment is properly collateralized and that the partnership is in strong financial standing. All limited partners will receive semi-annual reports with financial and partnership information. A limited partner can contact the General Partner to request any partnership information.

What are my risks?

There are specific risk factors for each limited partnership, which are included in the offering materials for the limited partnership. Risk factors differ for each partnership but general risks include economic conditions, failure to meet job requirements and denied immigration status under the USCIS EB-5 Immigrant Visa Program.

Can several investors combine or "pool" their investment capital through one limited partnership?

The regulations specifically allow for pooling of funds by several investors to establish a limited partnership sufficient to qualify all participating investors. The only requirement is that each investor individually must qualify for the minimum at risk capital requirement and new job creation requirement.

Applying to the fund

How can a potential investor apply for the EB-5 visa through EB-5 Capital Partners?

A potential investor can contact our office and speak to one of our staff regarding their interest in the EB-5 visa. We will answer all of your questions and provide program materials regarding our Fund. For further information, please review our Subscription & Immigration Procedures.

Can I apply if I have been rejected or terminated in the past by USCIS for a L-1, B, or other visa?

Rejection in the past does not disqualify the applicant, unless the reasons are related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the Fund and legal counsel in advance of your petition.

Does an investor need an immigration attorney to submit an I-526 petition?

We highly recommend that an investor obtain legal services for their immigration petition submission. The narrative and documentation needed for the petition is extensive and an attorney can assist with the petition, consulate interview and visa processing.

What information and documentation are required?

An investor must apply to the USCIS for EB-5 visa qualification through the submission of a number of required elements including: USCIS forms, business plans or geographical statistics, investor financial information and other supporting evidence. Also, the capital investment must be placed in escrow prior to submitting a petition.

All documents included in the petition must be translated into English by a certified translation service. The investor must sign the English version of all agreements, government forms, and applications.

What is meant by the requirement that the investor’s assets be "lawfully gained"?

Under USCIS regulations, the investor must demonstrate that their assets were gained in a lawful manner. This requires the investor to prove their investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.

The Fund requires an investor to reveal where and how they received their assets in the amount of at least US $500,000 that are used for qualifying for the program. This may be accomplished through certificates by the investor’s licensed accountants, lawyers, court records, salary statements, tax statements, real estate documents and the like.

What are the obligations of the investor to participate in the investment?

The investor must be “active” in the management of the investment by engaging in the management of the new commercial enterprise, either through day-to-day managerial control or through policy formation. However, the law does specifically allow that an investor will qualify as a “limited partner” as defined in the Revised Uniform Limited Partnership Act.

The Fund meets all the regulation requirements by enrolling the investor in the investment as a limited partner. This role allows the investor to continue to engage in his or her own business without needing to participate in the day-to-day management operations. However, the limited partner is required to participate in the formation of policy activities for the Partnership. The limited partnership business structure allows the investor to live where he or she pleases, and gives him or her the option to enter and exit the U.S. without any obligation to manage the daily affairs of the investment. Most importantly, the limited partner, like the corporate shareholder, is only liable to the enterprise to the extent of the agreed-upon investment. The Fund uses this business structure to protect the investor.

What is an accredited investor? And do I need to be an accredited investor to apply to the fund?

An accredited investor is a term defined by various security laws that describes investors permitted to invest in certain types of higher risk investments, limited partnerships, hedge funds and angel investor networks. In the U.S. an individual is considered to be an accredited investor if they have a net worth of at least $1 million US dollars or have made at least $200,000 US dollars each year for the last two years ($300,000 with spouse if married) and have the expectation to make the same amount in the current year. Yes, if you are currently residing in the US on a non-immigrant visa in order to apply for the fund you must prove to be an accredited investor. The $500,000 US dollars that will be used for the investment can be counted towards the requirement of $1 million US dollars in assets.

Petition Process

How long is the processing time for the I-526 petition and the conditional green card?

The approximate length of time for an investor to pass the U.S. Consular Interview and receive his or her conditional green card, from the date that he or she submits the I-526 Petition, is approximately 4-6 months.

If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and Interview?

The purpose of this application is to ensure that the investor and his or her family undergo medical, police, security and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues and information printed on the I-526 petition, including asking the investor to summarize the nature of his or her immigrant investment. If the investor and his or her family are in the United States, they may apply to adjust their status at the appropriate office of the USCIS.

After the I-526 petition approval, can members of the family have their consulate interview in different countries (i.e. children attending school in the United States and the parents in China, etc.)?

Family members can interview in different countries. The country of origin or where the family has current ties is the standard interview site. Often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin and can adjust status in the United States at the district office of the USCIS.

Once I receive my conditional green card, when do I apply for my permanent green card?

The conditional green card has an expiration date of two years from the date issued. Investors can submit their I-829 petition as early as three months prior to the expiration date. South Florida Investment Regional Center will supply all supporting evidence regarding the limited partnership, capital investment and newly created jobs.

Once the I-829 petition is filed with the USCIS, your conditional permanent residency is extended for one year. An investor should carry his or her USCIS I-829 receipt notice, along with his or her conditional green card, at all times.

What is meant by the requirement that the investor’s assets be "lawfully gained"?

Under USCIS regulations, the investor must demonstrate that their assets were gained in a lawful manner. This requires the investor to prove their investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.

The Fund requires an investor to reveal where and how they received their assets in the amount of at least US $500,000 that are used for qualifying for the program. This may be accomplished through certificates by the investor’s licensed accountants, lawyers, court records, salary statements, tax statements, real estate documents and the like.

What are the obligations of the investor to participate in the investment?

The investor must be “active” in the management of the investment by engaging in the management of the new commercial enterprise, either through day-to-day managerial control or through policy formation. However, the law does specifically allow that an investor will qualify as a “limited partner” as defined in the Revised Uniform Limited Partnership Act.

The Fund meets all the regulation requirements by enrolling the investor in the investment as a limited partner. This role allows the investor to continue to engage in his or her own business without needing to participate in the day-to-day management operations. However, the limited partner is required to participate in the formation of policy activities for the Partnership. The limited partnership business structure allows the investor to live where he or she pleases, and gives him or her the option to enter and exit the U.S. without any obligation to manage the daily affairs of the investment. Most importantly, the limited partner, like the corporate shareholder, is only liable to the enterprise to the extent of the agreed-upon investment. The Fund uses this business structure to protect the investor.

What is an accredited investor? And do I need to be an accredited investor to apply to the fund?

An accredited investor is a term defined by various security laws that describes investors permitted to invest in certain types of higher risk investments, limited partnerships, hedge funds and angel investor networks. In the U.S. an individual is considered to be an accredited investor if they have a net worth of at least $1 million US dollars or have made at least $200,000 US dollars each year for the last two years ($300,000 with spouse if married) and have the expectation to make the same amount in the current year. Yes, if you are currently residing in the US on a non-immigrant visa in order to apply for the fund you must prove to be an accredited investor. The $500,000 US dollars that will be used for the investment can be counted towards the requirement of $1 million US dollars in assets.

Conditional and Unconditional Green Cards

What is the difference between "conditional" and "unconditional" green cards?

Under the regulations, an investor who is approved for the EB-5 immigrant visa receives a “conditional” green card, which is valid for a two-year period. An “unconditional” or permanent green card is valid forever but the card must be renewed every ten years, otherwise the two cards offer the same rights and privileges.

Who receives the permanent residency ("green card")?

The investor, spouse and any unmarried children under the age of 21 at the time of the final approval of the conditional status. It is possible for adopted children to be included in the family.

How long must I remain in the United States each year?

The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter into the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession. For those permanent residents living outside the U.S., we suggest the investor and family re-enter the U.S. no less than once every six months. The longer the investor and family are present in the U.S., the less likely the government is to claim that the investor “abandoned” the United States as a permanent residence – thereby endangering his green card status. In some cases, investors may seek the issuance of a “reentry permit” which allows the Investor permission to remain outside the U.S. for as long as two years without having to reenter the country to maintain permanent resident status.

What is the difference between permanent residency and citizenship?

There are two ways to become a U.S. citizen. One is by being born in the U.S. or being born to a U.S. citizen. The other way is by naturalization. The first step in becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being an LPR for 5 years is one of the basic requirements for qualifying for naturalization. A second requirement is being physically present in the U.S. for 30 months during the 5 years prior to the naturalization application. Once becoming a U.S. citizen, an individual is entitled to benefits including the right to vote and hold public office.

Will my children be able to remain in school in the U.S. if I leave the U.S.?

Yes.

FAQ didn’t answer your questions?

Here are several ways to contact us

Call Us

(305) 306 7249

Email Us

Questions About EB-5 Investments

This is a sampling of services and is not intended to be comprehensive. The information is not legal advice and and should not be treated as such. You must not rely on the information as an alternative to legal advice. Please consult with your attorney and other professional services provider.