EB-5 FILE - FR

1Copyright © 2015 LOIGICA P.A. All Rights Reserved.
EB-5 Visas
Attorney, Camilo A. Espinosa, Esq.
Attorney, Harry Tapias, Esq.
INVESTOR VISAS
ALL YOU NEED TO KNOW
May 30, 2015

ADVANTAGES
 No quota wait
 No job offer or employer sponsorship required
 Spouse and children included
 In state tuition possible
 Geographical flexibility
 Employment flexibility

VISA DESCRIPTION
 The EB-5 Immigrant Investor Program is available to those immigrants who
have invested, or are in the process of investing, at least $1 million in a new
commercial enterprise employing at least 10 full-time U.S. workers.
 The purpose of the EB-5 program is to stimulate the U.S. economy through
job creation and capital investment by offering immigrant investors the
benefits of permanent residency in the United States.

WHO CAN APPLY?
 EB-5 investors may be eligible for an EB-5 immigrant visa if they have invested or
are actively in the process of investing the required amount of capital into one of
the following for-profit business-types:
 A new commercial enterprise
 An enterprise which will expand to 140% of pre-investment net worth or
number of employees, or;
 A troubled business in which jobs will be preserved

CAPITAL INVESTMENT STRUCTURES
There are 3 ways to invest in the EB-5 Category:
1. New commercial enterprise
 This means any for-profitactivity formed for the ongoing conduct of lawful business
 Established after November 29, 1990
1. Purchased and the existing business is restructured or reorganized in such a way that a new
commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or number
of employees occurs
 Includes but is not limited to:
• Sole proprietorship
• Partnership (limited or general)
• Holding company
• Joint venture
• Corporation Business trust or other entity, which may be publicly or privately owned

CAPITAL INVESTMENT STRUCTURES (CONT.)
2. Troubled Business
 The enterprise that has been in existence for at least 2 yeas and has concurred a net
loss during the 12 or 24 month period prior to the priority date on the immigrant
investor’s form I-526.
 Loss for this period must be at least 20% of the troubled business’ net worth prior to
the loss.
3. Regional Center Pilot Program
 A Regional Center is defined as any economic unit, public or private, which is involved
with the promotion of economic growth, improved regional productivity, job creation,
and increased domestic capital investment.
 It has a targeted investment program within a defined geographic region.

EB-5 CAPITAL INVESTMENT REQUIREMENTS
 Capital refers to cash, equipment, inventory, other tangible property, cash
equivalents and indebtedness secured by assets owned by the alien entrepreneur.
 The standard capital investment requirement for an EB-5 investor is $1 million.
 The capital investment required for an EB-5 investor in a targeted Employment
Area (TEA) which is either in a high unemployment area, (area with unemployment
rate that is at 150% of the national average), or a Rural Area (RA) is $500,000.
 Congress has reserved 3,000 of the 10,000 EB-5 visas for EB-5 investors who invest
in TEAs.

WHAT IS CONSIDERED AN INVESTMENT?
 Retained earnings are not considered investment
 An unsecured promissorynote is not an investment of capital. The investment
must be real money.
 Alternatively, the investor must demonstrate that the note is secured by his
property.
 Money gifted by a relative is considered investment as long as gift taxes are paid
and demonstrate that the gifted money will not be given back after the green card
is granted.
 Money from a joint account can be used as long as the account is joined with their
spouse.

JOB CREATION REQUIREMENTS
 Create or preserve at least 10 full-time jobs for U.S. workers within 2 years of the
immigrant investor’s admission to the United States as a conditional permanent
resident
 A qualified US worker is a U.S. Citizen, permanent resident, or other immigrant
allowed to work in the United States
 Create or preserve either direct or indirect jobs
 Direct jobs: identifiable jobs for qualified employees located within
commercial enterprise into which the EB-5 investor has directly invested his
capital
 Indirect Jobs: created collaterallyor as a result of capital invested in a
commercial enterprise affiliated with a regional center by an EB-5 investor

REGIONAL CENTER PILOT PROGRAM
• In addition, immigrant investors can invest $500,000 in a qualified and approved
Regional Center. In direct investments and investments through a Regional Center,
the investor must show that they created at least 10 direct or indirect jobs within
two years of an approved I-526 application.
• Need to have a detailed administrative structure of the regional center which
explains how it will promote more investment, assess investor projects, oversee all
investment activities, and structure its own investment capital.
• It is particularly attractive to foreign investors by lowering the investment
minimum to $500,000 (for a business in a designated regional center or TEA) as
opposed to $1,000,000
• Approximately 90-95% of EB-5 applications submitted to USCIS fall into this
category.

APPLICATION PROCESS
Application Process
1. File Form I-526,Petition by Alien Entrepreneur
2. Upon approval of Form I-526 petition, either:
 File Form I-485, Application to Register Permanent Residence or Adjust Status, with
USCIS to adjust status to a conditional permanentresident within the United States, or
 File DS-230 or DS-260, Application for Immigrant Visa and Alien Registration, with the
U.S. Department of State to obtain an EB-5 visa for admission to the United States.
 Upon the approval of the I-485 application or upon entry into the United States
with an EB-5 immigrant visa, the EB-5 investor and derivative family members will
be granted conditional permanent residence for a two-year period.

REMOVING CONDITIONS
 File Form I-829,Petition by Entrepreneur to Remove Conditions, 90 days before
the two-year anniversary of the granting of the EB-5 investor’s conditional resident
status (Green Card).
 List only the conditional resident’s address on Form I-829.
If USCIS approves this petition, the conditions will be removed from the EB-5
applicant’s status and the EB-5 investor and derivative familymembers will be allowed
to permanently live and work in the United States

EVIDENCE
• Evidence of the existence of the enterprise (such as past three years tax returns)
• Evidence of lawful capital:
– Corporate, partnership and/orpersonaltax returns filed within the past 5 years;
– Foreign business registration records or evidence identifying other sources of capital;
– Other proofof the investor's income during previous years;
– Certified copies of any judgments or evidence of all pending actions involving monetary
judgments within the past 15 years;
– Sales contracts if the source of funds is from the sale of a house or business;
– Bank statements, evidence of property transferred from abroad,evidence of purchased
assets, stock certificates given for investments, or loan or mortgage agreements.
• Evidence of the required investment
• Evidence of the investor's day-to-day operation of the enterprise through either
management or policy (does not apply to investors in a Regional Center Program)
• Title and description of the investor's job duties

EVIDENCE (CONT.)
• If the enterprise is a partnership, evidence proving the investor-partner's
management or policy-making activities.
• Evidence showing the creation of at least 10 jobs for U.S. workers or a reasonable
business plan to show that it will create 10 jobs for U.S. workers
– If investors have hired employees, I-9s forms and tax records; or
– If investors do not currently hire employees, a business plan demonstratingthat 10 U.S.
workers will be hired within the next 2 years;
• If investors are in a category requiring a $500,000 investment:
– Evidence demonstrating that 10 jobs havebeen or will be created in the targeted
employment area by a reasonablebusiness plan; and
– Statistical proof that the targeted employment area has high unemploymentand a state
agency's letter demonstratingthat the area is classified as a "high unemployment" area.

EVIDENCE (CONT.)
 New CommercialEnterprise
Those who investin a new commercial enterprisemust also provideproofof business
organization documentsorauthorizationto do businessin a U.S. state or municipality
or Articles of Incorporation.
 Troubled Business
EB-5 investorsmust maintainat least 10 jobsfor a periodof two years startingfrom the
pre-investmentlevel. The investorshouldsubmitphotocopiesof taxrecords, a
comprehensive businessplan,andForm I-9 andother documentsto show the
qualificationsof the employees.
 Regional Center Program
EB-5 investorsneed to show that they haveinvested in aregional centerby includinga
letter from USCIS attached to Form I-526 designatingthe regionalcenter.Furthermore,
EB-5 investorsneed to show that they havecreatedat least10 director indirectfull-
time positionsor willcreate 10 direct or indirectjobs for U.S. workers.

TIMELINE
 I-526 Approval (Green Card with Conditions)
 3-6 Months
 Investment “At Risk Period”
 2 Years
 I-829 Approval (Conditions Removed)
 6 Months
 InvestmentExit Strategy
 1-2 Years

COST OF FORMS
 Form I-526
 $1,500
 Form I-924
 $6,230
 Form I-829
 $3,835(including fee for biometric services)

CHANCE OF GETTING A THE EB-5 VISA
 Approximately 10,000 visa numbers are allocated annually to EB-5 investors
 USCIS reserves 3,000 EB-5 visas for aliens who invest in TEAs and 3,000 for aliens
who invest in commercial enterprises affiliated with Regional Centers

EXPEDITE REQUEST
 Priority to be given to Regional Center-affiliated individual petitions.
USCIS has national expedite criteria for all petitions and applications,
 The petitioner must demonstrate that one or more of the expedite
criteria have been met to be granted an expedite.
 Severe financial loss to companyor individual
 Extreme emergent situation
 Humanitarian situation
 Nonprofit status of requesting organization in furtheranceof the cultural and
social interests of the United States
 Department of Defense or National Interest Situation (Note: Request must
come from official United States Government entity and state that delay will
be detrimental to our Government)
 USCIS error
 Compelling interest of USCIS

THANKS!
INFO@LOIGICA.COM
THE LAB MIAMI, 400 NW 26th Street
1 BISCAYNE TOWER, 2 South Biscayne Blvd
Attorney, Camilo A. Espinosa, Esq.
Attorney, Harry Tapias, Esq.
LOIGICAP.A.

EB-5 FILE - FR

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