FREQUENTLY ASKED QUESTIONSQuestions
If you have specific questions regarding your case not answered above, request a consultation with Martin Lawler. Answers1: Who should invest?Answer: EB-5 investors include people from all walks of life: professionals, business people, persons wanting to facilitate a child's education, foreign students and retirees. Because the EB-5 visa permits employment in the United States, many EB-5 investors create and run their own businesses even if they immigrate via a Regional Center investment. Others enjoy retirement. Simply put, the EB-5 visa gives you the flexibility to do what you want in the USA. If you do not want to actively manage your business, you should consider an EB-5 Regional Center investment. If you have a U.S. citizen child over 21 years of age, you may consider family class visa categories. If you have exceptional skills or are famous, you may qualify for a Green Card based on your extraordinary ability. If you want to manage your own business, consider an L-1 (Intracompany Transferee), E-2 (temporary Treaty Investor), or EB-5 case based on your own business which you control. If your goal is to have a Green Card and not to actively manage a business, it is more often cheaper and/or convenient to utilize the Regional Center EB-5 category rather than to start and maintain your own business. With the long backlog of many employment based visa classifications, more people are choosing the EB-5 category. 2: Is EB-5 a truly passive investment?Answer: The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, that conforms to the Uniform Limited Partnership Act, sufficiently engaged in the EB-5 enterprise, even though limited partners have little practical control of the enterprise. 3: How long does it take for an EB-5 application to be approved and a Green Card issued?Answer: It takes about two months to make the investment, gather the necessary documents, and file the petition. Most petitions are approved in three to six months, some take longer. One can then apply for adjustment of status in the United States or an immigrant visa overseas. Adjustment of status for EB-5 cases can be processed in about six weeks to six months, but can take longer. The immigrant visa at the American consulate requires about the six months to process. After being granted, it usually only takes a few weeks or months for the conditional Green Card to arrive. 4: Can money gifted by a parent or other relative be used for an EB-5 investment?Answer: Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms length transaction and is a not a mere ruse or that the gifted funds will be given back after permanent resident status is granted. If the funds are borrowed, Martin Lawler can provide you a sample promissory note that complies with USCIS requirements that the funds be secured by the investor's personal assets. 5: Will Martin Lawler advise me on whether an investment will provide a good financial return?Answer: No. He will only advise on visa matters. You will need to conduct your own due diligence and economic analysis or hire experts to do so. 6: What is a “Conditional” Green Card?Answer: A Conditional Green Card is a temporary Green Card valid for two years. One year and nine months after it is issued, a three-month window opens up during which an individual must file another application with the USCIS to verify that all of the funds have been invested and maintained and employment created. When the conditional resident status has been lifted, full permanent resident status is granted and a permanent Green Card is issued. 7: Can I qualify for a Green Card another way?Answer: People working for U.S. employers may be sponsored for a Labor Certification. This process can take many years. Many highly successful people may qualify for permanent resident status as a person of extraordinary ability. Others may work for a multinational company with offices in the United States and overseas and be transferred to work in the United States. As a result, they may be granted permanent resident status. Contact Martin Lawler for a consultation on alternatives for applying for permanent resident status. 8: How do I start the process?Answer: Contact Martin Lawler by calling or sending an email to set up an appointment. Martin Lawler can be contacted at 415-391-2010 or by email mlawler@aboutvisas.com. He will send you a questionnaire, list of documents to gather and advise you step-by-step. 9: What documents must I prepare to process my investor Green Card petition?Answer: You must prove the source of the investment funds. To prove the source of investment funds, USCIS requires five years of personal and business, if any, tax returns, proof of ownership in any businesses and business licenses. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred by providing documents such as a closing statements or contracts or other official documents. This documentation is usually not difficult to obtain. Other documents may be required and vary on a case-by-case basis. Lawler & Lawler will assist you with this requirement. 10: What issues have been problematic in EB-5 cases?Answer: The most common problem area has been insufficient documentation of the source of funds. Many people try to disclose the least possible information only to receive a request for further information from the USCIS. It is better to provide too much rather than too little information. 11: Are EB-5 visas available to people from any country in the world?Answer: Yes. 12: Will dependent family members be issued green cards with the investor?Answer: Yes, provided the children are under age 21 when the I-526 petition is filed. 13: How many Regional Centers are there?Answer: About 95. I can send you a list describing 15 or so for you to review including the more established Regional Centers. I can explain their track record.   |
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