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How to Select an EB-5 Regional Center that’s Right for You

Mar 27, 2015 8:05:45 AM / by Staff Attorney posted in EB-5

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The EB-5 regional center program allows foreign investors to pool their funds into a limited partnership and allocate them to projects approved by the United States Citizenship and Immigration Services (USCIS). It provides a great alternative for those who want to avoid the higher investment and stringent job creation requirements of the traditional EB-5 visa program.

However, not all regional centers are equal, and prospective investors should heed the following tips when choose the regional center project that’s right for them:

  • Look for experience. Request statistics on approval rates from prospective regional centers. Look for I-526 and I-829 approvals – they are the best indications of success.
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Why Are Our EB-5 Cases Successful?

Feb 2, 2015 4:42:15 PM / by Staff Attorney posted in EB-5

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The job of an EB-5 attorney is often misunderstood.  An EB-5 attorney is not a business attorney.  She is not a securities attorney. She is not a business plan writer or an HR consultant. Yet, a good EB-5 attorney must be proactively engaged with each of these issues.

We were recently retained by an investor who started a business in the U.S. and filed the initial EB-5 petition I-526.  The investor’s due diligence revealed that his prior attorney failed to present the I-526 required evidence to USCIS. Upon our review of the I-526 petition filed, several other red flags were spotted. The company’s business documents were not prepared professionally and lacked some basic elements required by the California Corporations Code. The business plan was not EB-5 compliant and the Company’s HR practices were unconventional.

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Lawmakers Seek Permanent Authorization of EB-5 Program

Jan 29, 2015 11:18:45 AM / by Staff Attorney posted in EB-5

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The EB-5 investor visa program provides a method of obtaining a green card for foreign nationals who invest $1,000,000 (or $500,000 in a rural area or an area with high unemployment) and create or preserve a minimum of 10 jobs for U.S. workers. It is due to expire at the end of Fiscal Year 2015 (September 30). However, thanks to a new bill, the program may not just be renewed; it may actually become a permanent feature of this nation’s immigration policy.

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EB-5 Question and Answer

Dec 10, 2014 10:28:39 AM / by Staff Attorney posted in EB-5

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The United States has plenty of opportunities for foreign investors. However, accessing those opportunities can be a complex affair. he Immigration Law Office of Los Angeles, P.C. has provided the answers below to the most common questions posed by prospective foreign investors. If you have further questions or concerns regarding your specific situation, feel free to call us today at (800) 792-9889 for immediate assistance.

Q: How much profit is there in investing in an EB-5 project?

A: While many foreign investors do make profit from their EB-5 investments, it is best to set your expectations low. Any projection of success is derived from analysis of market data and extrapolation rather than from actual hard indications of performance. To put it simply, estimates are only estimates, so it’s best if you don’t get too excited about profit when evaluating EB-5 investment opportunities.

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EB-5 and Immigration from Saudi Arabia

Sep 15, 2014 8:23:13 AM / by Staff Attorney posted in EB-5

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There are several legal ways for citizens of Saudi Arabia to bring their entire family to the United States to live and work. One of the most popular ways for citizens of Saudi Arabia to obtain a visa is through the EB-5 immigrant investor program. The EB-5 program was created to promote financial investment and job growth in the United States.

Therefore, in order to qualify as an EB-5 investor, applicants must invest at least one million dollars of at-risk capital and create a minimum of 10 full-time jobs for United States workers. There are exceptions to these requirements, however. Applicants can qualify for the EB-5 program by investing only $500,000 if that investment goes into a rural area or an area with high unemployment.

The main requirements for the EB-5 program include:

  • An investment of at least $1,000,000 or
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Angel Investors Investing into EB-5

Aug 18, 2014 8:41:59 AM / by Staff Attorney posted in EB-5

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US Angel InvestorsAngel investors are individuals who provide financial support for business startups in exchange for ownership equity or shares in the company stock. Business angels are known for giving new companies an opportunity to expand and succeed. A successful angel investment will not only result in business growth for the company, but also in financial gain for the investor. If the investment is of the right amount and it directly or indirectly results in the creation of full-time positions at the company, the investor may be able to file for a visa to live and work in the United States.

The EB-5 visa program was created not only for angel investors but also for all foreign investors who wish to stimulate the U.S. economy. In order to qualify as an EB-5 investor, the visa applicant must:

  • Make a capital investment of $1 million or an investment of $500,000 in a targeted employment area with high unemployment.
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Understanding Issues Facing EB-5 Cases from South Korea

Aug 8, 2014 8:41:42 AM / by Staff Attorney posted in EB-5

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Congress created the EB-5 investor visa program to ensure that foreign investments continue trickling into the United States, helping create more U.S. employment and grow local economies. Investors from South Korea can take advantage of this visa program. However, EB-5 cases for South Korean nationals may present unique issues. Applicants will require the assistance and the guidance of an experienced Los Angeles immigration attorney to help overcome these issues and obtain a positive outcome.

First and foremost, South Korean laws are very specific when it comes to allowing EB-5 investors to wire funds for investments into EB-5 accounts. These funds are necessary to obtain what is known as an I-526 immigrant petition approval notice. Such a notice is required for fund transfer to the U.S., but the notice will not be issued until the funds are already in the EB-5 accounts in the United States. This Catch-22 situation does put South Korean investors at a disadvantage compared to their Chinese counterparts who don't have a problem wiring funds prior to the I-526 petition approval.

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Can Citizens of Brazil Apply for EB 5 Investor Visas?

Aug 6, 2014 8:36:18 AM / by Staff Attorney posted in EB-5

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The Immigrant Investor Program is known as EB-5. It was created by Congress and administered by the U.S. Citizenship and Immigration Services (USCIS) to stimulate the economy through capital investment and job creation. Individuals in other countries, such as Brazil, can pursue temporary citizenship by investing a certain amount of capital and by creating full-time jobs for U.S. workers. It is an ideal way for high net worth individuals from Brazil to receive citizenship in the United States and it has grown in popularity in recent years.
Brazilian VisasIn order to qualify, citizens of Brazil will have to:

  • Invest $1,000,000 in a commercial enterprise that benefits the U.S. economy or
  • Invest $500,000 in a commercial enterprise in a targeted employment area and
  • Create 10 full-time U.S. jobs or
  • Create at least five full-time U.S. jobs in a targeted employment area
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EB-5 Investor Visas for Residents of Mexico

Aug 4, 2014 8:24:02 AM / by Staff Attorney posted in EB-5

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There are a number of ways for residents of Mexico to gain citizenship in the United States. However, there are a limited number of visas available and many Mexican nationals are unable to receive their green card. One way that wealthy investors can increase their chances of receiving a visa is to invest in businesses here in the United States. The EB-5 investment visa can provide you with citizenship in the United States for up to five years if you are able to show that you made a significant capital investment that resulted in full-time employment for U.S. workers.

Mexico has moved up into the top 10 countries to which EB-5 visas are issued. According to the U.S. Department of State, 2.6 percent of all accepted EB-5 applications come from Mexico. In 2010, Mexico ranked seventh in the world for EB-5 visas. In 2011, the number increased from 50 to 53. This is a considerable jump proportionally considering that there were only 33 EB-5 visas issued in 2009.

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EB-5 Visas for Investors from Vietnam

Aug 1, 2014 8:39:03 AM / by Staff Attorney posted in EB-5

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There are many citizens of Vietnam who aspire to secure permanent residency and citizenship in the United States that would allow them to bring their families to this country to live and work. One possible way for an investor to get a green card or U.S. citizenship is through the EB-5 investor program, provided they meet the specific requirements of this program.

Congress created the EB-5 investor program in order to encourage foreign nationals to make significant investments in the United States and to create jobs for U.S. workers. One can qualify by investing a minimum of $1 million and generating at least 10 full-time jobs. In some cases, for example, in rural areas or areas with high unemployment, the amount of investment needs to be only $500,000. The program also requires that the investors be involved in the day-to-day management of the business.

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Copyright © 2018 The Immigration Law Office of Los Angeles, P.C. - All Rights Reserved. Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.