EB-5 INVESTMENT IMMIGRATION
Tsang & Associates have assisted many investors in obtaining their EB-5 visas through regional centers and direct investments alike. Our unique holistic service provides investors with project selection, due diligence, immigration filing, and attorney representation through the obtaining of funds. Our attorneys will assess your circumstances and assist you in meeting the qualifications for the EB-5 program. Consultations are free and we look forward to speaking with you.
We will prepare an attorney cover letter along with all forms and supporting documents for the EB-5 petition, including assistance with:
- Preparation of Lawful Source of Fund
- Assist in signing contracts and explanation of projects
- Due Diligence
- I-526 and I-829 petition
- Monitoring investment and keeping in contact with the Regional Center/Project to ensure all of it is being used properly
- Assistance in gaining back initial investment
In short, we provide a start to finish service. Your case is safe with us until the case is complete.
Legal Fee $15,000
*Legal Fees vary based on complexity of each case, and the above quoted price represents the amount we charge for a typical case.
Immigrant investors will first have to decide whether they want to invest through a Regional Center (RC) (indirect EB-5) to select a project to invest in or if they would like to invest in a project without the help of a RC (direct EB-5). If the investor is not interested in starting a business or if immigration is the driving force behind the investment, then choosing a Regional Center would be the best fit for the investor. The key differences between the two are listed below:
- Regional Center;
- Higher probability of success;
- Investor not troubled with day-to-day operations of the Project;
- Requires a Subscription fee.
- No Regional Center;
- Investor is more involved;
- More time consuming;
- Lower probability of success;
- Avoids a Subscription fee.
- An EB-5 eligible project has received/will receive the investment;
- The appropriate investment amount has been made in the project;
- The capital investment was obtained through lawful means (legal source of funds);
- The investment will create 10 full-time U.S. jobs;
- The investor will be involved with day-to-day management or will have a policy-making position within the EB-5 project.
LAWFUL SOURCE OF FUNDS
In order to be granted an approval of the I-526, the applicant must be able to prove that they have obtained the funds necessary in a lawful manner. This means gathering personal tax returns dating as far back as the last 5 years, as well as any corporate or business tax returns if the immigrant investor owns his/her own business. USCIS has proven to demand more than a standard amount of evidence proving lawful source of funds. The applicant must also give evidence identifying any other source of capital they have obtained and is using in their investment.
For instance, let us assume the funds were a gift. The individual giving the gift must provide evidence for their lawful source of funds as if they were the investor. Also, if the money was obtained by selling property or liquidating any other assets, then all of the paperwork involved in a sale would be necessary to determine a lawful source of funds. EB-5 ventures well beyond the regulatory requirements by insisting upon far more substantial documentation to prove lawful source of funds.
In order to remove the conditional (temporary) nature of the initial green card, the investor must submit, during the three months preceding receipt of the original two-year green card, an I-829 Petition by Entrepreneur to Remove Conditions. Failure to make a timely application will result in a termination of green card status. The I-829 process includes:
- Collection and evaluation of regional center documentation establishing minimum of 10 jobs created by client’s investment;
- Examination of regional center project to determine whether there has been any “material change” in the business plan since client’s I-526 petition was approved;
- Collection of documentation from regional center and client demonstration that client’s capital investment was made in accordance with the regional center’s business plan and the investment has been sustained continuously since client became a conditional lawful permanent resident;
- Proof that a commercial enterprise was established;
- Confirmation of client’s and family member’s maintenance of eligibility for U.S. immigrant visa during period of conditional permanent residency;
- Submission of petition to California Service Center.
The first step to the EB-5 is to provide proof for the lawful source of funds in order to qualify for the EB-5 project. In order to provide you with the best and most accurate consultation, we recommend that you bring as many of the following information/documents as you can to ensure a productive meeting.
If the funds are yours:
- Five years of personal income tax returns
- Personal bank account statements for the past three years
- Current Investments (stock certificates)
- Promissory Note
- Salary Reports
- Corporate or Partnership records if you own a business
- Bill of Sale if you have sold any property in the last five years
- Evidence proving the source of any other source of funds
- Total current assets
If the funds were a gift:
- Documentation proving funds from the donor to the investor
- Donor must provide the documents listed to the left