How to Find the Best EB-5 Project
Find the best EB5 project to invest in to obtain your green card.
Are you looking for the best EB-5 project to invest in? You can learn how to find the best EB-5 project from AmLaw Group. With our extensive experience in the EB-5 industry, we can provide you with the guidance and resources you need to make an informed decision. We understand that finding the right EB-5 project is a complex process, and we are here to help you every step of the way. Our team of US immigration attorneys here in Miami, Florida, will work with you to identify the best EB-5 project. Book an appointment with us today for a legal consultation.
What is an EB-5 Visa?
The EB-5 is an immigrant visa that grants a green card to entrepreneurs, investors, and those who wish to conduct business inside the United States. This visa makes it possible for the investor, their spouse, and any of their children under 21 years old to be granted US permanent residency in return for investing a minimum amount into either a US business enterprise or a regional center project.
The EB5 Visa is intended to stimulate the US economy via capital investment and employment creation by foreign nationals.
If you have invested in a US commercial enterprise for an E2 visa or an L-1 visa, you can use the same investment to file for an EB-5 visa. Go to our E-2 visa page to learn more.
How to Find the Best EB5 Project Opportunities In Miami, Florida
In essence, there are two paths to an EB-5 visa:
- investing in a regional center project/commercial company, or
- investing in a Target Employment Area (TEA)
Potential EB-5 candidates in Miami, FL, should know that getting an EB-5 visa entails some financial risk. Therefore, not all investment opportunities are created equal concerning viability or quality.
Constantly Strive to Reduce Financial Risk
It is hard to avoid risk in the realm of business investing. On the other hand, investors can reduce financial risk by utilizing their expertise and experience when evaluating business opportunities.
Check the project approval rate of each regional center before deciding on one to invest in. Likewise, ask your Florida immigration attorney for their I-526 Petition and I-829 Petition approval rates.
Examine the Details and Reputation of Each Project
When you invest in a regional center, you must look at the whole picture, which includes factors such as:
- Business model
- Business plan
- Financial projections
- Methodologies for creating jobs
- Timeline for construction
- Escrow administration
- Exit strategies
- Contractual term (in detail)
- Program adherence
It is also critical to investigate the standing of the regional center, particularly when assessing the development and management teams. The most effective way to do this is to talk to prior investors to hear about their experiences with these people.
Seek Honesty and Transparency in Communication at All Times
When looking for the ideal regional center to invest in, choosing a project with a team eager to talk openly with potential investors is crucial. Therefore, the project manager and developer must communicate with the investors at all decisive phases of the process.
Who Qualifies for an EB-5 Visa?
If you meet the criteria, you may be eligible to apply for the EB-5 program. To be qualified, you must make a minimum capital investment into a new commercial enterprise that creates and/or preserves permanent full-time employment for at least 10 qualified US workers.
The following requirements need to be met if you want to be accepted into the EB-5 program:
- An investment in a new commercial venture, which refers to any for-profit endeavor created for the ongoing undertaking of lawful business that:
- had been established after November 29, 1990; or
- bought and reorganized in such a manner that makes it a new commercial enterprise; or
- A minimum investment capital: $1,050,000 for standard investments or $800,000 for investments in a commercial enterprise primarily operating in a Targeted Employment Area (TEA) or a regional center-related infrastructure project. The two amounts for petitions filed before March 15, 2022, were $1,000,000 for standard investments or $500,000 for investments in a TEA.
- The capital fund must be expected to remain invested for at least two years for petitions filed on or after March 15, 2022.
- The source of the investment fund must be legal.
- The investment money must be at risk.
- The applicant must participate in the management of the new commercial enterprise.
Meeting the Minimum Capital Requirement
To be eligible for an EB-5 visa, the applicant needs to invest or be investing $1,050,000 in a standard investment or $800,000 in an enterprise situated in a regional center infrastructure project or a TEA.
Capital invested for an EB-5 visa may also include cash, tools and materials, stock items, an unsecured loan, physical assets such as vehicles or land, cash equivalents, as well as debt secured by the applicant’s assets, as long as the investor is primarily and personally liable for all of its repayment.
Investors are generally allowed to put up capital loans from a third party, such as home equity loan proceeds, for an EB-5 visa purpose. Investors can also use unsecured loan proceeds as capital, and such loans will be viewed as a cash contribution instead of indebtedness.
If you intend to use loan proceeds to apply for an EB-5 visa to obtain a green card, you should speak with an EB-5 visa attorney specializing in business and immigration to ensure that the loan complies with the legal rules. Remember, not all financial and business dealings that make sense from a purely business perspective are allowed under US immigration law.
Investing in a New Business Enterprise or Regional Center in the United States
To be eligible for an EB-5 visa, you must invest in a for-profit business enterprise established after November 29, 1990, and provides goods or services to the public. Investing in private property such as a house or apartment does not qualify for an EB-5 visa.
Direct investments are made into the company creating jobs, while investments in regional centers are made indirectly into a new commercial firm, which then loans the investor funds to the job-creating entity.
Creating or Maintaining At Least Ten Full-time Jobs for Americans
To be eligible for an EB-5 visa, you must demonstrate that the funds you have invested will create at least ten full-time jobs for American citizens. In some cases, you may be able to maintain your current job in the US while applying for an EB-5 visa and obtaining a green card. The ten full-time jobs must not include the investor, their spouse, children, or any nonimmigrants.
Capital Invested Must Be Put at Risk
The immigrant investor must place their capital at risk to qualify as an investment. The mere intent to invest is not sufficient. Purchasing a share of a business from an existing shareholder without more does not qualify since the payment goes to the former shareholder rather than to the new commercial enterprise.
Furthermore, if the investor is guaranteed the right to eventual ownership or use of a specific asset in exchange for the investor’s capital contribution to the new commercial enterprise, the expected present value of the guaranteed ownership or use of the such asset is deducted from the total amount of the investor’s capital contribution to determine how much money was put at risk.
Nothing prevents an immigrant investor from receiving a return on their capital in the form of a distribution of profits from the new commercial enterprise. However, this distribution cannot be a portion of the investor’s minimum qualifying investment and cannot have been guaranteed to them.
The Source of Funds Used for Investing Must be Legal
To get an EB-5 visa, the investor’s source of investment funds must be legal and must come from the investor’s own money.
The amount of money to be invested can be from sources inside and outside the United States.
The EB-5 Investment May Originate From Several Sources
The EB-5 investment may be sourced from multiple sources, such as:
- Money from the sale of real estate or a company in the United States or overseas,
- Income(s), salaries, and commissions
- Stock exchange, or
- Loans subject to specific conditions
Participation in the Management of the New Business Enterprise
To be eligible for an EB-5 visa, you must be actively involved in managing the new commercial enterprise. This could include taking part in the day-to-day operations or formulating policies. It is not enough to be a passive investor; you must demonstrate that you have the rights of a limited partner, such as voting rights if you are investing in a regional center.
Navigate the EB-5 Program with a Florida Immigration Attorney
Working with a Florida immigration attorney is the first step in avoiding mistakes and finding the best EB-5 project opportunities available. The guidance of US immigration attorneys is crucial to guarantee legal compliance throughout the EB-5 application process and to assist in filtering prospects.
The EB-5 program is complicated, particularly in light of the latest changes that impacted it. A Florida immigration attorney at AmLaw Group will be honored to help you figure out if regional centers and their teams are fully EB-5 compliant.
AmLaw Group also offers legal assistance in areas other than immigration, such as:
- Company Registration
- Business Support Services
- Accounting Support for New Companies
- Legal Support for Startup or Existing Companies
- Buying a Franchise
- Buying an Existing Business in the US
- Purchasing an Existing Business for a Visa
Schedule an appointment with one of our US business immigration attorneys now!
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