EB-5 Investor Visa Requirements

Q: I intend to invest $1,000,000 in foreign investment for the EB-5 investment visa. I’m not sure if I’m making the right investment for the EB-5 investor visa needs. Can you help me? What does current immigration law allow? A: The rules define an “investment” as a contribution of capital. The EB-5 investor visa defines a debt financing arrangement between you and a new business establishment in which the foreign person acts only as a creditor and does not constitute a capital contribution. So if the “investment” is in the form of a loan to the company, you can’t be sure of the required capital investment. For example, a capital contribution in exchange for a note, bond, convertible, tariff, or any other debt arrangement between you and a business enterprise is not a qualifying investment. The guidelines define capital as (1) cash; (2) currency equivalents (such as certificates of deposit, treasury bonds, or other instruments that can be converted into currency at any time); (3) equipment; (4) inventory; (5) another real estate (6) Debt secured by assets owned by the foreigner, for example, a promissory note issued by you and paid to a business company (provided you are immediately personally liable and the assets of the EB-5 investment visa company. Not used as security debt). When determining whether the official minimum capital level has been invested, the capital invested in the new company must be valued at fair value in U.S. dollars.

Question: Besides proving that you have invested money for the EB-5 investor visa, are there any other requirements? Answer: Yes. You can also determine that the required amount of capital is already at risk to generate a return on that capital. A mere intention to invest or a prospective investment agreement without current commitments is not sufficient proof that you are actively investing. A true commitment of the number of funds required would require something like: (i) depositing funds in the business account of the business; (ii) purchasing assets for use in the U.S. corporation; Business transfers of funds in exchange for shares; (5) Loans, mortgage agreements, promissory notes, guarantee agreements, or other evidence of investor borrowing secured by your assets, other than those of a new commercial enterprise, for which you are personally responsible. The investor visa can eventually lead to green cards for you, your spouse, and your unmarried children. this EB-5 Investment Visa Is one of the best ways to obtain residency in the U.S. A loan obtained by a company, securitized by the company’s assets, does not constitute an investment. capital? as stated in the rules. Also, your personal guarantee for business debts does not turn such debts into personal debts. If the assets of the business serve as security for the debt, even if you personally guarantee the loan, the creditor has the right to sue the company and take title to the business assets in the event of default. Therefore, your personal capital is not “at risk” under this arrangement. However, if done properly, this is a green card. If you owe money on your business EB-5 investment visa, you will not be able to get a guaranteed payment from your new business company.

A new business company guarantees an annual return on capital under the agreement, regardless of whether the business is profitable or not (although you may lose the money you lent if the business fails, in such cases you take on the same risk as the bondholders or any other business creditor risk). Similarly, a promissory note for an eventual large balloon payment plus the option to sell your interest in the business at a fixed price and guarantee a return on your capital expenditure does not qualify under the “risk” section of the statute for the same reason. Therefore, it is important first thing do is to determine whether the investment is appropriate and risky. The EB-5 investment visa does have some strict requirements, but if these requirements are properly documented, then you should be able to obtain an EB-5 investment visa for you and your family.

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