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Invest a minimum of $500,000 in a film project that create jobs and receive a green card for you and your immediate family.

 

To find out more please contact EB5 Studio www.eb5studio.com

EB5 Studio specializes in helping clients access an excellent and low-cost method of raising capital for their film project through the EB-5 funding model.  We provide an end to end solution for navigating the complexities of the EB5 program. Our comprehensive network of industry leading specialists spans all the disciplines needed to accomplish your goals in developing and operating a highly successful film project that combines strategic planning, lenders, federal regulatory bodies, the local area economy, and accessing a pipeline of multiple foreign investors.

Please contact:advice@eb5studio.com

 

Green Cards through the EB-5 Visa Allows You to Live Permanently in the United States

For foreign investors seeking the freedom and flexibility to live and work in the United States, the EB-5 Visa Program provides an excellent opportunity to obtain Green Cards.

EB-5 Visa Benefits
▪A direct route to a Green Card
▪No day-to-day business management
▪Permanent residency in the United States for you, your partner and any children under 21 (this is especially helpful when children are planning on attending a US university, allowing them to obtain a Green Card during their studies)
▪Live, work and retire anywhere in the United States
▪Become a U.S Citizen after 5 years of being a green card holder
▪No Quota Backlogs – There are many delays and backlogs for employment and family based green card categories but there is no backlog for the EB-5 Visa Investor category.
▪No Sponsor Needed – Foreign investors use their own personal funds and do not require sponsorship from either an employer or a family member.

The Different EB-5 Visa Options

There are two main EB-5 programs – the Basic EB-5 Visa Program and the EB-5 Regional Center Pilot Program.

Option 1 – Basic EB-5 Visa Program

This involves a passive investment of at least $1,000,000

In order for an applicant to qualify under the Basic EB-5 Visa program, they must meet the following requirements:

  • Make an investment in a new commercial enterprise.
  • Make an investment of at least $1 million into that enterprise.
  • Lead to the creation of employment for at least 10 full-time U.S. workers.

Direct job creation only

The investment may consist of the contribution of various forms of capital, including cash, equipment, inventory, property, and other tangible equivalents. An investment amount of $1 million is generally the minimum.

Option 2 – EB-5 Regional Center Pilot Program

This involves a passive investment of at least $500,000 made in a ‘Targeted Employment Area’ (TEA) within a Designated Regional Center.

The EB-5 policy management requirement is minimal in that the investor can be a limited partner and still qualify as long as the limited partners have a policy-making role. Thus, for those who are not interested in day-to-day management or running an active business, Regional Center programs offer a more acceptable inactive form of investment.

The investor is not required to live in the place of investment; rather, he or she can live wherever he/she wishes in the United States.

The EB-5 Regional Center program is ideal for the retiree or inactive investor due in large part to the “indirect employment” feature of this program. The Regional Center Program removes the employee requirement of the Regular program and replaces it with a less restrictive “indirect employment creation,” which allows the investor to qualify by proving a combination of 10 direct and/or indirect employees.

CLICK HERE TO VIEW USCIS EB-5 IMMIGRANT INVESTOR PILOT PROGRAM

USCIS List of Regional Centers

CLICK HERE TO SEE EB-5  PILOT PROGRAM PROCESS CHART

EB-5 Visa Investment Requirements

Investment Amount – Designated Regional Centers

The investor is required to invest a reduced amount of $500,000 as the EB-5 Visa investments are within a Targeted Employment area (TEA). This $500,000 amount is the minimum allowed by U.S law to qualify for the EB-5 Visa/Green Card in a high unemployment area (TEA) which is defined as 150{d3e4c3007f92404e9ca9c26a6bf48477888b9226cd35406b8d671b952349c559} of the national average unemployment statistic.

Job Creation Requirements

Each foreign national EB-5 Visa Investor must create at least 10 full time U.S. based jobs as a result of their investment.

In Designated Regional Centers, the job creation requirement can utilize both direct and indirect job creation to prove they have met the USCIS requirement.

If the investment is not in an approved regional center the jobs must be directly created by the entity the investor is investing in.

Source of Investment Funds

The investor must demonstrate that their $500,000 EB-5 Visa investment capital is from a legal source.

The regulations prohibit the use of assets acquired, directly or indirectly, by unlawful means (such as criminal activities).

It is required to document the legal acquisition of the EB-5 Visa investment funds.

A petitioner cannot establish the lawful source of funds merely by submitting bank letters or statements documenting the deposit of funds. Without documentation of the path of the funds, the petitioner cannot meet his burden of establishing that the funds are his own funds. Simply stating without supporting documentary evidence is not sufficient for the purpose of meeting the burden of proof.

The EB-5 Investor can also show a “pattern of income” to justify the EB-5 investment. Income tax records should be submitted, preferably for a period beyond the five years required by the regulations. Also provide savings and personal investment records to prove that even if a petitioner has not earned a substantial annual income, there is a credible claim that the necessary funds were accumulated over time.

An investor may receive a gift of funds however in that case the USCIS will require information and track the source of the funds from the person who gave the gift.

Proving the Source of Funds obtained by loan. Clearly, it is difficult enough to prove that one’s own funds are, indeed, one’s own. When the funds are obtained by loan, there may be even greater scrutiny. The regulations expressly prohibit using loan money for EB-5 Visa purposes if the loan is obtained by using the new commercial enterprise as security. It does not matter if the loan is from a third party lender or the enterprise itself. In either case the petition will be denied if the loan is secured by the new commercial enterprise.

The EB-5 Visa investment must be at risk

The EB-5 Visa applicant’s capital investment must be truly at risk and not simply a loan.

There can be no guarantees on an EB-5 Visa Investment, the investment must be ‘at-risk’ as per federal guidelines.  There can be no mention of redemption rights or guarantees.

Guarantees of return of any capital are strictly prohibited, and if given negate the ‘at risk’ requirement of the EB-5 law and the investors petition will be denied.  The entire capital must be at risk and therefore reserve accounts are also not allowed.

Notable EB-5 Investments

Some of the more noteworthy EB-5 funded investments include:

▪Time Warner borrowed $100 million in EB-5 funds and $47.5 million in two separate offerings to underwrite movie and TV production.’

▪Lionsgate Studios borrowed $66 million in EB-5 funds and $50 million in two separate offerings to underwrite movie production.

▪Pennsylvania Convention Center Authority borrowed $122 million as part of the financing package to expand the Pennsylvania Convention Center.

▪University of Pittsburgh Medical Center borrowed $70 million toward the construction of a healthcare facility.

▪Comcast Corporation borrowed $26 million to finance the construction of its headquarters.

▪Sugarbush Resort (Vermont) borrowed $40 million to finance the construction of three retail/hotel-condo buildings.

 

What kinds of people invest in the EB-5?

The majority of EB-5 investors who choose to pursue the EB-5 route are people who wish for their children better opportunities in the United States of America.

For people that can afford to invest $500,000 for at least five years, the EB5 visa is an option worth considering.

The following types of investors are seeking Regional Center or Direct EB-5 cases:

People who have dependent children about to turn 21 years old and want to attend a US university to live and work in the US after graduation.

People who have a difficulty in pursuing L-1 visas. Now, more than ever, L-1 visas are viewed more stringently than before, especially in countries such as China and Russia.

People who cannot afford to wait too long under the current labor certification avenues to green cards.

People who are denied non-immigrant visas on certain grounds.

People who are denied EB-1 cases on RFEs.

People who are shut out of H-1B quotas.

Whose country is not an E-2 treaty country with the U.S.; and cannot pursue E-2 visa.

Doctors who practically have no other ways to immigrate.

People who might not want to pursue Direct, Individual EB-5 case for various reasons.

Retirees.

Resources

FREQUENTLY ASKED QUESTIONS FOR THE EB-5 VISA

American Immigration Lawyers Association EB-5 Committee and Invest In the USA 

 

 

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