Investors

Investor Visa Related information

There are two investment options for the EB-5 foreign applicant to choose from. One option is through the “EB-5 Investor Pilot Program” which is an investment into a USCIS designated and approved Regional Center. The other option is by way of investment into a “Basic EB-5 Program” or “Direct EB-5” also considered a “new commercial enterprise”. The U.S. Government issues 10,000 EB-5 visas each year, setting aside just 3,000 for those who choose to invest into an approved Regional Center.
The Direct EB-5 investor and the Regional Center EB-5 investor generally have different goals. The Direct EB-5 investor generally has the following traits:

•    He or she actually wants to start and/or manage a business.
•    His or her business will be creating direct employment up front.
•    The investment is the driving force behind his or her wanting to immigrate to the US.
•    He or she wants to have control over his or her investment.
•    He or she wants to maximize profits from his or her investment.

Investor Visa

Investor Visa Applicant Information

On the other hand, the Regional Center EB-5 investment often meets the needs of investors with a different set of traits:

•    He or she is not interested in starting a business.
•    He or she may be a retiree.
•    Although he or she may want to start a business, it will not create sufficient employment for an individual EB-5.
•    He or she wants to spend a significant amount of his or her time outside of the US.
•    Immigration – – rather than US business – – is the driving force behind his or her investment.

EB5 immigrant investor visa

The major advantage of the Regional Center as compared with a Direct EB-5 investment is that indirect employment creation is allowable. In many cases, the sole remaining issues are tracing the funds from the investor to the regional center and proving the lawful source of the investor’s funds. This eliminates the need to deal with the many complicated issues involved in a Direct EB-5 petition for which the investment enterprise has not been pre-approved, such as whether the investment entity qualifies as a “new commercial enterprise;” whether the investment is in a “troubled business;” and whether the requisite “direct employment creation” has taken place.

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