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 (213) 375-4084 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.
Q: How will issues with my EB-5 application affect a regional center project?
A: If your I-526 application is denied, the project is required to return your capital investment back to you. Such an issue should be discussed with your immigration and securities counsels and addressed in your project’s private placement memorandum (PPM).
In order to avoid a denial, consult with trusted immigration law attorneys to ensure only investors with a solid source of funds contribute towards your project. Have your legal team evaluate the source of all funds before filing your I-526 petition. This way, your chance of acceptance will be much higher since the source of funds reports have been validated by your attorneys.
Q: What if my temporary conditional green card expires before I-829 approval?
A: Before your I-551 stamp expires, schedule an InfoPass appointment at your local United States Citizenship and Immigration Services (USCIS) office. Be sure to bring your I-829 Receipt Notice (Form I-797) and your passport with you.
For as long as your I-829 is pending, the USCIS officer will provide you with a new I-551 stamp in your passport extending your conditional permanent residence, whenever need be. Consult with an attorney for more information.
Q: What happens to the family of an EB-5 applicant who has passed away?
A: If you are the spouse or a child of a foreign investor who has passed away during the period of conditional residence, you may petition to have the conditions of your stay removed, thanks to the Immigration and Nationality Act Section 216(a)(6). Discuss your circumstances with a reliable immigration lawyer to find out how you can not only secure your stay in the country but also get back the decedent’s capital investment from the regional center (if applicable).
Q: Can the purchase of an existing business qualify me for an EB-5?
A: Your purchase may qualify you for an EB-5 if you meet the following conditions:
- The investment has resulted in the creation of 10 permanent job positions (prior job positions don’t count);
- The existing business was restructured/reorganized; or
- >The existing business was expanded to the point where it experienced a 40 percent increase in net assets or employee results.
If you purchase a trouble business, as defined by EB-5 regulations, then the investment must result in preservation of jobs instead of job creation (10 preserved jobs per investor). The EB-5 application process is rife with complex legal concepts and paperwork, but that doesn’t mean it has to be time-consuming, costly and difficult. Let the Immigration Law Office of Los Angeles, P.C. simplify matters for you so you can get started on your new life in the United States as soon as possible. Contact our office to learn more.
