US EB5 DIRECT EB5 REGIONAL CENTER
An EB-5 Visa is regulated by the US Citizenship and Immigration Services. It gets its name based on the preference that applicants receive when they apply for an EB-5 Visa. The name stands for Employment-Based 5th Preference.
The visa is an immigrant investor program. It requires candidates to invest in an EB-5 Direct Center and/or EB-5 Regional Center. An EB-5 Visa helps a candidate to secure the status of Permanent Resident in the United States of America. The visa enables them to procure the PR status faster as compared to other types of visas.
In general, an EB-5 Visa requires an applicant to invest at least $500,000 in the EB-5 Direct and/or EB-5 Regional Center. The amount varies and can be revised at any time. Keep a track of the changes before you apply for an EB-5 Visa.
Once you secure an EB-5 visa, your spouse and children also become eligible to secure a Permanent Resident status in the United States of America. Your children must be below 21 years and they must not have been married at the time of applying for Permanent Residency.
As a candidate, you must invest the required sum to create or preserve at least ten permanent full-time jobs. The jobs must have been created or preserved in a lawfully recognized American organization. You can in no way invest in your company to claim the investment as valid. Additionally, the employees must be qualified and defined under the relevant laws of the United States of America.
EB-5 Immigrant Investor Regional Center
An EB-5 Direct Center differs from an EB-5 Regional Center. Both have certain similarities as well. For now, let us continue to understand what an EB-5 Regional Center is.
Definition Of EB-5 Immigrant Investor Regional Center
The Basic definition of an EB-5 Regional Center is that it is a dedicated unit in the United States of America where applicants can make investments. These units may be private or public. They are designated by the US Citizenship and Immigration Services.
An EB-5 Regional Center is aimed to promote the economic growth and employment of the country. The center is specifically designated for applicants who are participating in the Immigrant Investor Program.
The program was originally created by Congress in 1990 with the objective to boost the economy of the United States of America. The program was then restructured to be called the Regional Center Program. The restructure was concluded in 1992.
How To Apply For EB-5 Immigrant Investor Regional Center?
The process to apply for the EB-5 Immigrant Investor Regional Center has four steps. You must complete every step in order to secure the status of Permanent Resident in the United States of America.
First Step: Choose A Project
It can be normal for you to desire the freedom of choosing a project where you want to invest. However, this is not the case with EB-5 Immigrant Investor Regional Center. You can invest only in those organizations that have been specifically designated by the US Citizenship and Immigration Services.
You can choose any industry you want to invest in. The list normally suffices to meet the expectation of an applicant. Organizations are included in the list based on their operations and the kind of assistance they require in terms of finance or otherwise.
Second Step: Capital Investment
After you have selected the industry and the organization, you must invest the required capital. You would require to make the investment through an escrow account. The assistance for the same can be availed of from your bank or the authorized mediator who is helping you with the application for EB-5 Immigrant Investor Regional Center.
The US Citizenship and Immigration Services additionally require you to file an I-526 petition. Such a petition is drafted by a lawyer. The designated organization retains the right to refund your investment in case your petition does not go through the process.
Third Step: Conditional Permanent Resident Status
Investing capital in the organization that is designated as an EB-5 Regional Center by the US Citizenship and Immigration Services qualifies you to apply for the conditional Permanent Resident status of the United States of America. If you hold a lawful status of an immigrant, then file the I-485 application. File DS-620 in the otherwise scenario.
After you file the relevant application, the Conditional Permanent Resident Status is assigned to you within six to twelve months. The conditional permanent resident status is valid for 2 years under the EB-5 Visa program. You are required to renew it before the validity ends.
Fourth Step: Unconditional Permanent Resident Status
The final step is securing the Unconditional Permanent Resident Status of the United States of America. For this purpose, you must submit an I-829 petition to the US Citizenship and Immigration Services ninety days before the expiry of Conditional Permanent Resident Status.
If approved, then you receive the Unconditional Permanent Resident Status within 22-45 months. It is recommended to file the application as early as possible to avoid any lapse in your residency status in the United States of America.
EB-5 Regional Center Compliance Review
The EB-5 Immigrant Investor Program is crucial for the United States of America. It is directly linked to boosting its economy and employment conditions. The US Citizenship and Immigration Services has therefore placed a review system to keep the integrity of the EB-5 Immigrant Investor Program intact.
It also enables the US Citizenship and Immigration Services to enhance the EB-5 Immigrant Investor Program. The US Citizenship and Immigration Services undertakes certain functions under the EB-5 Regional Center Compliance Review program.
- It starts with verifying the information of the applicant. This includes all the pieces of information that the applicant has provided in the form. The US Citizenship and Immigration Services may go beyond to review the publicly available information of the applicant.
- The US Citizenship and Immigration Services then collects other pieces of information. These are based on the type of case that they are handling.
- These steps are complemented by the verification of compliance with applicable laws and authorities.
- The US Citizenship and Immigration Services reviews your financial documents. You may be asked to submit additional financial documents apart from the ones that are mandatory. The department retains the right to seek different financial documents.
- You can be interviewed by the US Citizenship and Immigration Services in person. This is done to verify the information that you have provided in the form of the EB-5 Immigrant Investor Program.
Requirements For EB-5 Regional Center
The requirements for EB-5 Regional Center can be split into two different types. Both deal with different aspects of the investment. One deals with the financial offering and the other deals with job creation. These are discussed below.
Financial Requirements
This requires you to invest in an American organization that has been designated specifically by the US Citizenship and Immigration Services. Your investment must be for the organization that operates to generate profits. An investment in a not-for-profit organization is counted as invalid.
You can invest in any form apart from direct cash. You can choose to invest in a designated organization in the form of an inventory as well. Securing an organization’s indebtedness is another way to fulfill the financial requirement of the organization.
Job Creation Requirements
The second type of requirement for the EB-5 Regional Center is in terms of creating reasonable jobs in an American organization. Like the Financial Requirements, Job Creation Requirements must be fulfilled in the organizations that are designated the status by the US Citizenship and Immigration Services.
Jobs for at least ten full-time employees must be created within 2 years after you receive the status of Permanent Resident for the United States of America. The employment must have been generated directly or indirectly as a result of your investment in the American organization.
Evidence And Documents Required For EB-5 Regional Center
Some of the pieces of evidence and documents that you will be required to present to the US Citizenship and Immigration Services are discussed below.
- You will have to submit evidence that you invested the required capital in the American organization.
- Submit form I-526 which is titled Immigrant Petition by an Alien Investor.
- You must submit evidence that you will be managing the commercial enterprise. In the case of a new enterprise, you must have sufficient evidence to support your intention of managing the new commercial enterprise.
- Submit a piece of evidence that proves that the capital invested by you was not obtained in an unlawful manner.
- Present the source of the capital and showcase the income tax return filed by you in the recent financial year.
- Highlight a piece of evidence that your investment generates the required employment. You may be asked to submit a comprehensive business plan if you are intending to invest in an upcoming American organization.
Benefits Of EB-5 Regional Center
The United States of America benefits hugely from the program. It generates employment and keeps the economy going even when the global market is struggling due to high inflation. Apart from the American companies and the country itself, an EB-5 Regional Center also benefits the applicants.
The benefits of an EB-5 Regional Center to the applicant are discussed below.
- An EB-5 Regional Center is a faster way to secure the Permanent Resident status of the United States of America. It takes its time but the process normally concludes faster as compared to other visas.
- You are not required to seek sponsorship from any individual or company. This applies unless you are looking to collect funds for investment purposes. Investment received from an individual is all that counts to the US Citizenship and Immigration Services.
- There is no specific requirement of knowing a particular language or having certain qualifications. You are all good to go till the time you invest the fund in a designated American organization.
- You can travel anywhere in the United States of America once you have secured the Permanent Resident status in the country. You may also be eligible to receive benefits related to the tuition of your children.
- There are no restrictions on when you enter or exit the United States of America. All the benefits apply only if you keep the status active as per the relevant rules and laws of the US Citizenship and Immigration Services.
EB-5 Direct Investment
EB-5 Direct Investment shares many similarities with EB-5 Regional Center; however, it is different in its own ways. Here’s how.
Definition Of EB-5 Direct Investment
A candidate is said to be a part of EB-5 Direct Investment when he or she invests directly to create a job. The investment must be in a company that is functioning with a proven concept of generating revenue.
You cannot invest in a self-owned company. The company that you invest in must also have a proven concept of why it is looking to expand through non-dilutive EB-5 capital. Investments under EB-5 Direct Investment cannot be for any other purpose except to create jobs.
Advantages Of EB-5 Direct Investment
There are many advantages of EB-5 Direct Investment that a candidate can avail. Some of them are discussed below.
- Direct investments are done under the EB-5 Investor Program. This eliminates the need to carry a potential expiration date of the investment program.
- Stability in the case of EB-5 Direct Investment is much more as compared to EB-5 Regional Center. Having no potential expiration date gives it an edge with an assurance of long-term stability.
- You are qualified to earn a higher rate of return on your EB-5 Direct Investment. The same is lower in the case of EB-5 Regional Center.
- Jobs created under the EB-5 Direct Investment program are permanent. Employees enjoy this status and earn a livelihood.
- EB-5 Direct Investment does not deal with the redeployment factor the way in which EB-5 Regional Center does.
Similarities Of EB-5 Direct Investment With EB-5 Regional Center
The similarities between EB-5 Direct Investment and EB-5 Regional Center are mentioned below.
- EB-5 Regional Center and EB-5 Direct Investment can be managed passively. You do not have to be actively involved in the investment process. Both can be managed along with other regular business practices.
- You are not required to be active in the management process for EB-5 Direct Investment and EB-5 Regional Center. A simple investment suffices to meet the criterion of being eligible for EB-5 Visa under both programs.
- With the EB-5 Regional Center and EB-5 Direct Investment program, you invest in a company that is well established in the industry. The chances of you losing your money under both the programs are very low.
EB-5 Support
The US Citizenship and Immigration Services offers extensive support to a candidate who has applied for an EB-5 Visa.
Inquiries And Communication
As a candidate, you can reach out to the US Citizenship and Immigration Services 24 hours 7 days. Connect with the relevant department through email. Inquiries can then be tracked through your online account on the website.
Your online account on the official website of the US Citizenship and Immigration Services helps you to track the status of your EB-5 application as well. You can update or change your contact information at any time.
After making the changes or updating your information on the profile, inform the US Citizenship and Immigration Services within 30 days. Connect if you face any issues during your biometric process for EB-5 Visa.
Escalation
As an applicant, you can escalate your concern to the US Citizenship and Immigration Services. You will have to send an email with ‘ESCALATE’ as the subject line. Mention all the details and allow the department 14 days to respond to your escalated query.
The estimated time to respond to such queries in the case of the Investor Program Office is 21 days. The status of an escalated issue is updated in your profile.
Additional Information
Keep in mind that you must never share sensitive information with anyone from the department. This includes details related to Social Security Number and other bank details.
The EB-5 Visa program is a great way to secure the status of Permanent Resident in the United States of America while boosting its economy and employment conditions. Dedicatedly follow all the protocols, take your time to finalize the industry & company, and connect to get your issues resolved with the department.
The EB-5 Visa program is a great way to secure the status of Permanent Resident in the United States of America while boosting its economy and employment conditions. Dedicatedly follow all the protocols, take your time to finalize the industry & company, and connect to get your issues resolved with the department.
We offer 3-tier outcome-based pricing and are very confident that we can get the result you desire, however in the event of no endorsement, we will provide a full refund (100%).
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