KEY FACTORS ASSOCIATED WITH THE EB-5 PROGRAM
USINFO | 2014-05-22 13:19

 
1.    The investment must be made from a source of funds legally obtained by the investor (not from borrowed funds using the EB-5 investment as collateral), must be “at risk” during the full term of the investment and must be fully funded prior to the filing of the EB-5 visa petition.

2.    Whether or not the new commercial enterprise is located or will conduct its business in a qualified rural area or a Targeted Employment Area (“TEA”). The minimum capital investment is currently $500,000 for projects located within TEA or qualified rural area, and $1,000,000 for those not located within a designated TEA or rural area.

3.    While an investment in a new commercial enterprise that is projected to create at least 10 new jobs can qualify an investor to be considered for a visa under the EB-5 Program, the United States Citizenship and Immigration Services (USCIS) unilaterally controls the timing and final decision of the adjudication of each investor petition, not the Regional Center through which they make their investment.

4.    Proof of the investor’s legal source of funds used to make the EB-5 investment is among the critical factors considered by the USCIS when it reviews an EB-5 visa petition. Sufficient evidence of the legal source of funds is required by USCIS to support the investor’s visa petition. Prospective EB-5 Program investors should thus consult experienced U.S. legal counsel before deciding to make their investment.

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