What are your main concerns about EB-5 from the perspective of an EB-5 investor?

What are your main concerns about EB-5 from the perspective of an EB-5 investor?

3 Answers
As an EB-5 investor, here are a few things you should be concerned with:
  1. Whether EB-5 is the Right Option for you
    1. The EB-5 visa category is complex and the process to get a permanent green card through EB-5 is lengthy. You should consult with an immigration attorney to determine if the EB-5 visa is the best route to satisfy your immigration objectives. There may be quicker and easier ways to satisfy your particular needs.
  2. The Project You’re Investing in
    1. You need to do your part to make sure that your investment will satisfy the EB-5 requirements. As an EB-5 Investor, you can start a new business, invest in an existing business, or invest in a regional center. If you’re investing in a regional center, examine their history and their past success (although this is no guarantee that your petition will be successful).
    2. Is the business you’re investing in projecting to create a surplus of jobs or just enough? For each EB-5 investor there needs to be 10 full-time jobs created. If the project has 5 EB-5 investors and is only projecting 50 jobs, if something happens and only 1 of those jobs isn’t created, then 1 investor is out of luck and will not get their green card.
    3. Is the project guaranteeing you a return? If so, you should be concerned because this will not qualify for EB-5. Your investment is required to be “at-risk” (meaning that the investment is subject to either gain OR loss). Any guarantee of a return directly contradicts the “at-risk” requirement.
    4. Keep in mind: an immigration lawyer should NOT be providing you with advice on which project to invest in. The extent of their investment advice should be limited to the project’s compliance with the EB-5 visa requirements.
  3. The Changes that will Likely be made to the EB-5 Visa Program
    1. There is a strong likelihood that changes will be coming to the EB-5 visa soon. Although nothing is finalized, these changes will be centered on increasing the minimum investment amount, limiting the areas that qualify for a reduced investment amount (TEAs), and increasing oversight over regional centers.
    2. For many people, an increase in the minimum investment will make the program too expensive and will preclude them from participating in EB-5.
  4. Processing Times
    1. There are 2 main petitions to file for an EB-5 visa. The I-526 ( the initial EB-5 application) and the I-829 (the petition to remove the condition on your green card). The current average processing times are very long:
      1. I-526 (18 month average processing time!)
      2. I-829 (2 year average processing time!)
  5. Tax implications of Lawful Permanent Residency
    1. I am NOT a tax lawyer, but there are certain tax implications for lawful permanent residents that you should conduct your due diligence on (regarding the taxation of your worldwide income).
Please note that this is NOT a complete list. There are many considerations that are specific to each individual.
Feel free to reach out to me with further questions. You can reach me directly at michael@eb5lawusa.com or you can visit my website: Business Immigration Law Firm
Harjit Singh
The main concerns I would suggest would be :
  1. Finding the best investment project. Now finding such investment project isn’t limited to just fulfilling the requirement of investing at least $500000 and creating full time jobs for 10 permanent residents. One also has to weigh the risks and returns when choosing the investment project.
  2. Second concern would be to collect all the documentation required to be submitted along with the I-526 form, such as the source of your investment. It’s better to start collecting all the documents as soon as possible.
  3. Third would be mainly to find the right professionals to handle your case. They will help you get an immigration attorney and guide you to file the required petitions
All the best!
Contact for free expert consultation - 9711116866
www.eb5usaservices.com
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I am not familiar with specifics of eb-5 visa but a prospective visa applicant has to be extremely concerned about :
  • spending money on various fees during the application process without guarantee the visa application will be approved
  • if visa is approved, there is no guarantee the holder will be able to renew or extend the visa after specified period
  • when leaving and returning back to US the visa may be canceled by any border officer and the applicant may not be allowed back to enter the US
  • regardless of the amount of money invested and/or business operating the visa holder has to pledge continuously that he is temporarily in the US, and is willing to leave immediately the US by the visa expiration time
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