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25/03/2016

In February 2016, the National Visa Center announced the creation of the EB-5 Investor Assistance Desk, where investors with approved I-526 forms can ask questions regarding visa inquiries by email to the email address [email protected]. Applicants should know that inquiries on behalf of a derivative…

24/01/2016

Q: Who may apply for EB-5?

A: Anyone with sufficient investment funds. Investors in EB-5 need not have a particular background or any experience. However, their funds must be legally obtained.

Q: How long does it take for an EB-5 applicant to get a Green Card?

A: Usually, the whole process takes about one to one and a half years for an EB-5 applicant to get a conditional green card. It takes about six months to receive approval for an I-526 petition. Petitioners living in the United States should then expect to wait another six months for approval of their adjustment of status, but this can sometimes take longer if the background check does not clear in a timely manner. Petitioners living abroad at the time of application should apply for an immigration visa through an American consulate office, a process which also takes approximately six months. After approval of the immigrant visa through consular processing, the investors and their families receive conditional green cards within a few weeks or months of arrival into the United States.

Q: Can I use retained earnings as investment?

A: Retained earnings are not considered an investment.

Q: Is a promissory note an investment of capital?

A: An unsecured promissory note is not an investment of capital. The investment must be in real money. Alternatively, the investor must demonstrate that the note is secured by his or her property and the secured note is used by the enterprise to receive funding as an investment.

Q: Can I use the money gifted by a parent or other relative for an EB-5 investment?

A: Yes, provided that you have paid applicable gift taxes. It must be demonstrated that the gift is an actual transaction and the gifted funds will not be given back after the green card is granted.

Q: Can I use money coming from funds in a joint account?

A: Yes, but investment can only come from joint accounts owned by the investor and his/her spouse. This does not extend to joint accounts held with other family members. The investor must establish that all funds come from accounts under his/her name.

06/01/2016

Recently, a bill has been introduced in the senate that will lower the H-1B annual cap to 50,000 from the current limit of 65,000 and require allocation of visas based on the intended H-1B worker’s wages. Checkout the link below to learn more info. https://lnkd.in/eJP7AUh

A bill has been introduced in the Senate that would reduce the annual number of H-1B visas by 15,000 and require allocation of visas based on the intended H-1B worker’s wages.

06/01/2016

Breaking News, The EB-5 Regional Center Program extended through Sept.30, 2016. Checkout the link below to learn the details.
http://eb5ww.com/articles/immarticle.php?lng=en&num=8

Congress gave final approval last Friday to a $1.1-trillion funding bill, keeping the government running through September 30, 2016 (the end of the fiscal year). Tucked into the law is a provision to extend a key part of the EB-5 investment immigration scheme. The provision extends the pilot program…

25/12/2015

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16/12/2015

What is the I-526 petition?

The I-526 Immigrant Petition by Alien Entrepreneur is filed by the EB-5 investor to demonstrate that they are in the process of investing, or have already invested the required amount of capital in a suitable EB-5 project. I-526 petitions are usually prepared on behalf of EB-5 applicants by an immigration attorney. Applicants are eligible to file the I-526 petition after they have taken the appropriate measures to invest in an acceptable EB-5 project. These projects must be part of a new commercial enterprise and can either be directly invested in by the immigrant investor, or can be administered by an EB-5 Regional Center, which has government designation to administer EB-5 projects.

The applicants must provide evidence that they have made a $500,000 to $1 million U.S. dollar investment of lawful capital in the new commercial enterprise. The specific required investment amount depends on whether or not the investment is made in an economically depressed location called a targeted employment area (TEA). A key purpose of the I-526 petition is for the applicants to prove that their capital investment comes from a lawful source of funds. Therefore, the EB-5 applicant must provide traceable evidence that proves that the funds were legally obtained.

The applicants must also present evidence that their investment will lead to the creation of fulltime jobs (35 hours per week or more) for at least 10 U.S. citizens, permanent residents, or other authorized immigrant workers. Evidence that proves that the EB-5 investor will be in a policymaking or managerial role at the EB-5 project must also be provided. This requirement can be satisfied by demonstrating that an investor has voting rights in an EB-5 Regional Center project that is in the form of a limited partnership or limited liability company.

13/12/2015

What does "EB-5" stand for exactly?

It stands for Employment-based 5th category. Under the U.S. immigration law, there are five different categories of immigrating through employment-based avenues, and since EB-5 deals with employment-creation, it's been designated as the 5th category of Employment-based methods of immigrating. EB-5 is also commonly referred to as Investor Green Card or Investment Green Card.

12/12/2015

The double liability that individuals may incur because of the imposition of two or more taxes on the same income.

To protect Indian citizens from this liability, the Indian Government entered into a DTAA agreement with the United States in 1992-93, to provide for relief from the double taxation in respect of incomes by providing an exemption.

29/11/2015

For many Indian Nationals the EB-5 visa program is the fastest route to a “green card”. In return for an investment of either five or ten Lakh United States dollars* an investor, his spouse and children under the age of twenty-one can receive permanent residency in the United States.

Direct vs. Regional Centre EB-5:

Every EB-5 Investor has to make a decision whether to apply for their EB-5 based “green card” through the Regional Centre or Direct program. In our experience many Indian investors confuse the concepts of risk and control when making this decision. While the Direct EB-5 Program allows an investor to invest in their own business a direct investment can be higher risk than an EB-5 Regional Centre based investment.

More on choosing between a Direct vs. Regional Centre EB5.

Direct EB-5: Investing in your own Business

A direct EB-5 application allows an Indian investor to make an investment in his or her own business. With approximately 90% of all EB-5 investments are made through the Regional Centre program very few law firms have any experience with Indian Direct EB-5 applications.

Regional Centre EB-5: Investing through a Regional Centre

Making an EB-5 qualified investment through a Regional Centre can be a simple and effective route to a “green card”. Out of the over 600 Regional Centres there is a very small cadre of Regional Centres offering a ten history of thousands of “green cards” approvals, having multiple projects fully repaid

With over 600 Regional Centre registrations it can be difficult to select a Regional Centre.

Funding your EB-5 Investment:
The Reserve Bank of India (“RBI”) and the Liberalized Remittance Scheme (“LRS”)

Since the RBI promulgated the LRS Emigration restriction in July 2015 it has become essential to engage a law firm with significant experience of navigating Indian regulations and the LRS.

Over recent years the RBI has varied the amount of capital resident Indian Nationals are allowed to remit outside the United States using the LRS. The RBI LRS limit currently stands at USD 250,000.00 per person per Indian tax year.

In July 2015 the RBI issued a circular purporting to severely restrict the ability of Indian nationals to remit funds outside of India to make an investment that qualifies that investor for Emigration purposes.

Despite the RBI regulations we have yet to have a client who has been unable to legally transfer the funds needed to make an EB5 investment. While we are a US immigration law firm our firm retains experienced Indian counsel who assist our clients transfer funds for EB5 and L-1 investment purposes.

Preventing Unnecessary Taxes

Before making any investment in the United States we strongly encourage Indian Nationals to take appropriate tax planning advice. Failing to do so can result in hundreds of thousands of dollars of unnecessary tax liabilities. An experienced tax advisor should be familiar with the terms of the dual taxation agreement between the United States and India.

Making an EB-5 investment is a complex matter involving the analysis of myriad laws and regulations. Unfortunately non-lawyers are not qualified to provide this advice and it is a criminal offense in the U.S. for them to attempt to do so.

Similarly many lawyers lack the sophisticated lending law and project finance experience to properly advise clients on EB-5 applications. This can result in an unmitigated disaster in which clients loose all of their money. A properly qualified and experienced lawyer can guide you through and avoid many of these risks. To date no application filed by our firm has ever been denied and no client of our firm has ever not been repaid their investment in full.

Processing Your Application

Your application MUST be filed in the United States where it can be the subject of questions and processes that a U.S. based law firm can address for you.

Once your application has been approved in the U.S. applicants resident in India will be required to attend an immigrant interview at a consulate in India.

29/11/2015

29/11/2015

The EB-5 visa for Immigrant Investors is a United States Visa created by the Immigration Act of 1990. This visa provides a method of obtaining a green card for foreigner who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area” – high unemployment or rural area), creating or preserving at least 10 jobs for U.S. workers excluding the investor and their immediate family.

EB-5 Investor VISA Program
Advantages of the EB-5 Investor Visa Program:

* One of the simpler, less expensive and most expedited process to obtain a US. green card.

*You and your family can work, live, go to school, and retire anywhere in the United States.

*You, your wife and your children that are unmarried and under the age of 21, will also be able to qualify for the EB-5 visa under the same petition.

*You will have access to the same college education with the same cost as any resident in the United States.

*No need to manage daily business operations and employees.

*Having the choice to become a US Citizen 5 years after you receive a unconditional green card.
If the foreign investor’s petition is approved, the investor and their dependents will be granted conditional permanent residence valid for two years. Within the 90 day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period.