Investments are typically made through separate limited partnerships. Each immigrant investor who seeks an EB-5 investor visa typically joins a limited partnership. Limited partners will be involved in policy-making activities of their investment partnership to the extent permitted by the Revised Uniform Limited Partnership Act of 1976.
The USCIS requires that some financial risk be inherent to an investment and that third party investment guarantees not be allowed. As a result, investment return cannot be guaranteed
Interested investors will receive comprehensive offering materials that will describe in detail the U.S. immigrant investor program and one or more proposed qualifying investments. Investors who approve of a particular qualifying investment will be required to execute a subscription agreement to a designated limited partnership and to deposit a capital investment with the escrow agent for the Fund.
Priority will be given to qualifying investors in the order that their respective capital investments are received. Capital investments will be returned in the event of over-subscription. Qualifying investors currently in the U.S. on a non-immigrant visa need to be accredited investor. 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 he or she has a net worth of at least $1 million US dollars or has made at least $200,000 U.S. dollars each year for the last two years ($300,000 with spouse if married) and has the expectation to make the same amount in the current year. Investment amounts will be released to the designated limited partnership upon the approval of an investor’s immigration application and to the investor in the event an investor’s immigration application is denied.
Although the process of immigration to the U.S. through the U.S. immigrant investor program may appear complex, we are committed to seeing each immigrant investor through the complete immigration process, from the initial application to receiving a permanent green card.
Working with the investor and his or her immigration attorney, EB-5 Capital Partners can assist in the preparation all evidentiary documentation in support of the investor’s immigration applications.
There are three primary stages for each applicant to the U.S. immigrant investor program.
First, an investor must submit a Form I-526, Immigrant Petition by Alien Entrepreneur. For information from USCIS regarding Form I-526, Immigrant Petition by Alien Entrepreneur, please visit the USCIS website.
Second, once the investor’s I-526 Petition is approved, he or she will be given a U.S. Consular Interview appointment for biographical and medical review, or if in the U.S., receives an adjustment of status.
Finally, two years from the date that the investor is granted a conditional green card and enters the U.S., he or she must submit Form I-829, Petition by Entrepreneur to Remove Conditions, to demonstrate that the investment has satisfied all the requirements of the U.S. immigrant investor program in order to receive his or her permanent green card.
For information from USCIS regarding Form I-829, Petition by Entrepreneur to Remove Conditions, please visit the USCIS website. For a PDF of Form I-829, please click here.
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.