The EB-5 Program allocates 10,000 visas per year for immigrants and their family whose qualifying investments result in the creation or preservation of at least ten full-time jobs for U.S. workers. Of the total, 3,000 visas are specifically allocated to immigrants who invest through USCIS-designated Regional Centers.
There are no requirements with respect to prior business experience or education. The only requirement is that the investor is accredited and meets certain suitability standards, with respect to income, net worth, etc. The investor also must prove unconditionally that the source of funds is legal, through the submission of proper documentation.
No, but it is strongly recommended that a non-English speaking investor should hire the services of a translator to ensure that the investor fully understands the investment terms and the offering materials are reviewed carefully before the investor makes a decision.
A new business enterprise is a business organization with one or more managing members or general partners, who manage the business and assume legal debts and obligations, and one or more limited partners or members, who are liable only to the extent of their investments. Members or limited partners also enjoy rights to the new business enterprise (company, limited liability company or partnership’s) cash flow, but are not liable for company obligations.
The USCIS requires that some financial risk be assumed by the investor in order to qualify for the EB-5 Immigrant Investor Program. Each investor must qualify for the minimum at risk capital and new job creation requirement. Every effort is made by the General Partner to minimize the amount of risk by ensuring that the investment is properly collateralized and that the new commercial enterprise remains in strong financial standing.
The regulations specifically allow for the pooling of funds by several investors to establish a new business enterprise sufficient to qualify all participating investors. The only requirement is that each investor must individually meet the minimum at risk capital and new job creation requirements.
There are specific risk factors for each new business enterprise, which are specifically addressed and described in detail in the offering materials for each new business enterprise. Risk factors differ for each new commercial enterprise, but may include economic conditions, failure to meet job requirements, and denied immigration status under the USCIS Immigrant Investor Program.