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EB-5 Program FAQ's
NREDC FAQ's
Investment FAQ's
Green Card FAQ's
 
 

EB-5 Program FAQ's

1. What is an EB-5 Green Card?

The Immigration Act of 1990 established the EB-5 Immigrant Investor Visa Program to create U.S. jobs by attracting foreign capital to the United States. Every year 10,000 EB-5 Green Cards are available. There is no quota waiting list for EB-5, unlike H-1B and H-2B nonimmigrant visa classifications, and most EB-2 and EB-3 immigrant classifications where the demand far exceeds the supply.

Almost a third of these 10,000 EB-5 Green Cards (3,000) are set aside for qualifying immigrants who participate in an EB-5 Regional Center program that targets high unemployment areas across the United States.

The EB-5 Green Card program has three basic requirements:

  1. The alien must establish a U.S. business or invest in an existing business that was created or restructured after November 19, 1990.
  2. The alien must have invested $1 million (or only $500,000 when investing in a Targeted Employment Area) in the business.
  3. The business must create full-time employment for at least 10 U.S. workers.

This is your opportunity for Permanent Residency and your path to U.S. business investment in a diversified economic growing market.

2. Who Qualifies for an EB-5 Green Card?

Qualified EB-5 candidates must be able to invest either $1 million or $500,000 in a U.S. business, depending on the program selected. Ideal EB-5 prospects include but are not limited to:

  • Parents who seek a U.S. education for their children, but do not want to be actively involved in business management
  • F-1 student who wants to start a business
  • Entrepreneurs
  • CEO/Managers of a U.S. company who are not an L-1 transferee
  • Doctors who have not passed USMLE 1, 2 and 3
  • Foreign national investors in a U.S. business who do not want to be active in the business
  • Individual owners of a non-U.S. business who want to set up a U.S. business, but who cannot use an L-1 because owner intends to close the foreign business

3. How many EB-5 Green Cards are Available?

Almost a third of the 10,000 EB-5 Green Cards (3,000) are set aside for qualifying immigrants who participate in an EB-5 Regional Center program that primarily targets designated high unemployment areas across the United States

4. What is the “Regular” EB-5 Program?

In order for an applicant to qualify under the EB-5 Regular program, the following three basic requirements must be met:

  1. Investment in a new commercial enterprise.
  2. Investment of at least $1 million (or $500,000 in certain cases) into the business, and creation of employment for at least 10 full-time U.S. workers.

The investment may consist of various forms of capital, such as cash (including a gift or loan), equipment, inventory, property, and other tangible equivalents. An investment amount of $1 million is generally the minimum. However, $500,000 is acceptable if the business is situated in a “targeted” employment area, i.e., one that has experienced unemployment of at least 150 per cent of the national average rate or a rural area.

5. How Long Does it Take to Get an EB-5 Green Card?

The entire process generally takes about 12-18+ months, depending on where the Green Card processing occurs. Prior to filing the I-526 petition, time is required for the client to conduct a due diligence, obtain source of funds documentation, and make the investment. I-526 adjudication currently takes about 6 months.

Generally, after the I-526 is approved, if an individual is in lawful status in the U.S., he/she can apply for Adjustment of Status to Conditional Residence which currently takes about 12+ months. If not in the United States, he/she will apply for an Immigrant Visa at a home country Embassy or Consulate, which typically takes about 6 months or longer depending on the country. Times may vary depending on the facts of each case.

 
 
 

What is a Regional Center

A Regional Center is the entity, organization or agency that focuses on a specific geographic area within the United States in order to promote economic growth. Most Regional Centers are in targeted employment areas, that have an unemployment rate that is at least 1.5 times higher than the national average.

The number of people obtaining Green Cards through the employment-based fifth (EB-5) preference category is increasing rapidly. Most EB-5 Green Cards are filled through “Regional Centers.” These Regional Centers are designated by the U.S. Citizenship and Immigration Services (USCIS) to attract immigrant investors in specific geographic areas. These Centers do not guarantee profit or the return of an investor’s principal investment.

For foreign investors looking for freedom and flexibility to live and work in the United States in a way accommodating to their lifestyles, the EB-5 investor category can provide an excellent opportunity to accomplish this goal through the acquisition of Green Cards.

The EB-5 Regional Center Program allows a person and his or her immediate family members to obtain a Green Card (i.e. live permanently in the U.S.) by investing US $500,000 into a Regional Center investment project located in a Targeted Employment Area (TEA), for the purpose of creating and or saving jobs.

About Nevada

  • The capital is Carson City and the largest city is Las Vegas

  • 85% of the population resides in the metropolitan areas of Las Vegas and Reno

  • Known for its entertainment, and legalized gambling

  • Nevada is the seventh-largest state in the U.S.

Why Invest in NREDC

  • NREDC will provide foreign investors with the opportunities to invest in U.S. business development while opening the gateway to U.S. residency and eventually citizenship

  • NREDC’s investments will be focused on approved Targeted Employment Areas (TEA’s) with a minimum investment of $500,000

  • NREDC will promote increased economic growth in Nevada by forming a new private capital equity investment fund that will pool qualified immigrant investors and leverage existing financial resources to launch profitable commercial enterprises

  • NREDC will focus on viable projects and through the infusion of new capital, bring new industries generating business

  • NREDC takes advantage of the tax benefits in Nevada as a positive asset toward new business. No corporate income and state tax. Along with Nevada’s lenient tax structure, the state offers several programs to diversify the state’s economy and a greater demand for projects in Targeted Employment Areas (TEA’s)

  • NREDC will check the lawfulness of all investment funds and will be scrupulously verified. All Capital Contributions will be placed in a escrow account pending formation, funding, and operation of the pertinent Limited Partnership

Benefits of a Green Card

  • Start a new life or career in the United States

  • Be able to start your own business venture anywhere in the U.S.

  • Share in nearly all the benefits of a citizen of the United States

  • Take advantage of the finest healthcare in the world

  • Live, work or retire in any location in the United States

  • Attend schools in the United States

  • Eligible for U.S. citizenship within 5 years

Step-by-Step Process

Step 1: The NREDC gives the investor a Confidential Offering Memorandum describing in detail the proposed NREDC investment project.

Step 2: If interested in investing in the project, the investor signs the Subscription Agreement and other requested documents and provides financial and background information to the NREDC for review. The investor also deposits US$500,000 in a secure escrow account with Citibank and pays an administrative fee to the NREDC.

Step 3: The investor’s attorney prepares and files the I-526 Petition with the USCIS.

Step 4: If the I-526 Petition is approved, the US$500,000 in the secure escrow account is unconditionally released and invested in the project. If the application is denied by USCIS, the full US$500,000 investment is promptly refunded to the investor from the secure Citibank escrow account.

Step 5: Following approval of the I-526 Petition, the investor will be given a U.S. Consular Interview in the investor’s home country or if the investor resides in the U.S., receive an adjustment of status. Following the interview, the investor and family members enter the United States to receive a conditional Green Card.

Step 6: Upon receipt of the conditional Green Card, the investor and family are free to live anywhere in the United States with unrestricted travel and work rights.

Step 7: After two years, the investor’s attorney files an I-829 Petition to make the investor’s Green Card permanent, rather than “conditional.” The NREDC will assist the investor and his or her attorney in the preparation of the application.

Step 8: Upon approval of the I-829 Petition, the conditional status of the Green Card is removed and the investor’s Green Card is deemed permanent.

Step 9: After 5 years of issuance of the conditional Green Card (and maintaining the full investment in the NREDC investment project), the investor and family may apply for U.S. citizenship.

NREDC - Nevada Regional Economic Development Center, LLC © 2009 All rights reserved
Overview What is Regional Center Benefits of EB-5 Regional Center Why Invest in NREDC Types of NREDC projects
Overview Why Nevada Las Vegas Other Cities
Overview Benefits of a Green Card Step-by-Step Process Flow Chart
Contact NREDC Required Documents Current Investment of NREDC
EB-5 Program FAQ's NREDC FAQ's Investment FAQ's Green Card FAQ's