Visa Through Investment

The EB-5 Visa provides the most flexible path to a green card based on a US investment. The EB-5 visa does not require the applicant to manage the day-to-day affairs of a business. One may invest in an existing business, or a new business. More than one person may invest in the same business. The EB-5 investor may be a minority owner of the business.
One may qualify for an EB-5 as follows:
1. Invest $1 million and hire ten employees anywhere in the USA
2. Invest $500,000 and hire ten employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%
3. Invest in a regional center.

INS designated specific areas, called Regional Centers, as eligible to receive immigrant investor capital. INS approved over 20 Regional Centers. Regional Center investors may rely on indirect job creation rather than directly hiring ten employees. A competent professional, such as an economist, must quantify the indirect employment. If the regional center is in a high unemployment area the required capital is reduced to $500,000.

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 foreign nationals who invest money in the United States. To obtain the visa, individuals must invest at least $1,000,000 USD, creating at least 10 jobs [1]. By investing in certain regional centers with high unemployment rates, the required investment amount is $500,000. The Immigrant Investor Pilot Program was created by Section 610 of Public Law 102-395 on October 6, 1992. This was in accordance to a Congressional mandate aimed at stimulating economic activity and job growth, while allowing eligible aliens the opportunity to become lawful permanent residents. This "Pilot Program" required only $500,000 of investment in exchange for permanent resident status. The investment could only be received by an economic unit defined as a Regional Center.

A Regional Center is defined by any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Prior law required the investment in the Regional Center to generate an increase in export sales, however statutory amendments in 2000 and 2002 no longer require this increase. The individual receiving the visa is not required to actively manage the business invested in. For investors who wish to invest in a new or existing business, have an active role in the management of the operation, and have at least one million US dollars to invest, then the traditional EB-5 visa is the best option. But for those who would prefer a passive role in the management of their investment, do not wish to be involved in the creation of the 10 U.S. full time jobs, and would rather limit their investment to $500,000 USD, then the Regional Center, or EB-5 Pilot Program is the better immigration option.

Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 5,000 are set aside for those who apply under a pilot program involving an INS-designated "Regional Center." To date, the quota has not been exceeded.

List of EB-5 Investments

Alabama
Alabama Center for Foreign Investment Regional Center
Geographic Area Covered: State of Alabama
Allowed Activities: Heavy and light manufacturing; agriculture; high technology; construction; hospitality, resort and service industries (hotels, restaurants, resorts, golf courses, entertainment, and the like); schools, health care facilities, and infrastructure; and cruise line support services.
California
American Logistics [International] Regional Center
Geographic Area Covered: South Central Los Angeles, with an emphasis on the cities of Carson, Compton, parts of the cities of Lynwood and Long Beach, the Wilmington
Allowed Activities: 1) Advanced logistic operations; 2) U.S. Customs bonded warehouse services; 3) U.S. Customs approved Centralized Examination Station.
California Consortium for Agricultural Export
Geographic Area Covered: San Joaquin Valley, CA
Allowed Activities: An agricultural investment program purchasing and converting fallow or row crop lands into permanent commercially viable fruit and/or nut trees and grape vines for the domestic and export markets, wineries, and elevator platform machinery manufacturing.
California Investment Immigration Fund, LLC
California Military Bases (CMB)
Geographic Area Covered: Former military bases located in Sacramento, San Bernardino, and Riverside Counties, CA
Allowed Activities: Redevelopment and rebuilding of former military bases.
California Wineries & Vineyards, LLC Regional Center (CWVRC)
Geographic Area Covered: Napa Valley, CA
Allowed Activities: Purchase vineyards and wineries and invest in troubled wineries.
El Monte Regional Center
Imperial Regional Center
Geographic Area Covered: Heber and surrounding areas in Imperial County, CA
Allowed Activities: Mixed use commercial projects designed to attract high volume consumers in retail, wholesale, dining, entertainment, and hospitality industries
Los Angeles Film Regional Center
Geographic Area Covered: Developing motion picture and television productions
Allowed Activities: Developing motion picture and television productions by making investment loans to top ten film and/or TV production companies.
Regional Center Properties, Inc.
Geographic Area Covered: Los Angeles, San Bernardino, and Riverside, Orange, and San Diego Counties, CA
Allowed Activities: Mixed use shopping centers
Regional Center Management Los Angeles
Geographic Area Covered: Los Angeles Enterprise zone to Eastside Enterprise Zone and the area in between bordered by Glendale Blvd and the Santa Monica Freeway
Contact Info: commercial/industrial developments; Private/public arrangements with governmental agencies, non-profits or others to develop civic/public facilities and infrastructure; Renovation of functionally obsolete buildings; Residential developments; Capital, loans, or investments to businesses in RC area; Establish or invest in lending institutions
South East Los Ageles RC (SELARC)
Geographic Area Covered: City of Vernon, CA (Southeast of LA)
Allowed Activities: Food products; Apparel manufacturing; Transportation and warehousing; Household furniture and furnishings
District of Columbia, (Washington, DC)
Capital Area Regional Center (CARC)
Geographic Area Covered: Washington, DC; Alexandria, VA; Montgomery and Prince Georges Counties, MD; and Arlington and Fairfax Counties, VA
Allowed Activities: Mixed hotel, office, retail and residential space; Soccer stadium; Conference center space; Industrial space
EB-5 America
Geographic Area Covered: District of Columbia
Allowed Activities: Hospitality; Mixed use real estate construction
Florida
Palm Coast Florida Regional Center Geographic Area Covered: St. Johns, Flagler, Brevard, Orange, Volusia, Seminole, and Indian River Counties. Allowed Activities: Hotel, Shopping Centers, Light Manufacturing, Office, Medical Office Contact: 561-531-2080
Florida Equity & Growth Fund Regional Center (FEGF-RC)
Geographic Area Covered: Florida High Tech Corridor
Allowed Activities: Traveler accommodation; Food services and drinking places; Retail trade; Real estate; Manufacturing; Performing arts; Museums, historical sites & similar institutions; Professional scientific and technical services.
Lake Buena Vista RC
Geographic Area Covered: Orlando-Kissimmee Standard Metropolitan Statistical Area
Allowed Activities: Development and expansion of Lake Buena Vista Resort Village and Spa
Palm Beach RC
Geographic Area Covered: Miami-Dade and Monroe counties
Allowed Activities: Intermodal traffic and cargo distribution center; Manufacturing and research facilities; Commercial and office space; Film and TV production
South Florida Investment Regional Center (SFIRC)
Geographic Area Covered: Monroe and Miami-Dade Counties, FL
Allowed Activities: Construction of a hotel complex (includes spa, restaurants, and retail space).
Hawaii
Hawaii DBEDT Regional Center
Geographic Area Covered: the entire Hawaii state
Allowed Activities: Tourism of all kinds; Technology, Research & Development and Life Sciences; Transportation in Air, Harbors and Highways; Trade & Manufacturing; Health Services: Hospitals, Nursing homes, Private medical offices, In-Home healthcare, Outpatient services, Ambulance services and Laboratories; Agriculture and Food Processing, Aquaculture, Major agricultural production, Exotic and specialized crops; Higher Education, both Exported and Foreign Students; Leashold improvements in commercial real estate; Alternative energy in Geothermal, Hydro-power, Ocean Thermal, Solar and Wind; and Motion Picture and TV Productions
Golden Pacific Ventures Regional Center
Geographic Area Covered: Hawaii County
Allowed Activities: Farming tropical fruits: Lychee, Longan, and Rambutan.
Illinois
Chicagoland Foreign Investment Group (CFIG) Regional Center
Geographic Area Covered: Illinois Counties of Cook, DeKalb, DuPage, Grundy, Kane, Kendall, McHenry, Will, Lake, Kankakee, Boone, Winnebago, Ogle, and Stephenson.
Allowed Activities: Accommodation, Agriculture, Education, Entertainment, Health Care, and Manufacturing
Iowa
Iowa Department of Economic Development (IDED)
Geographic Area Covered: Iowa
Allowed Activities: Dairy farms
Kansas
Kansas Bio-Fuel RC, LLC
Geographic Area Covered: 21 counties in Southwest Kansas
Allowed Activities: Development and operation of fuel grade ethanol production facilities
Louisiana & Mississippi
Gulf Coast Funds Management, LLC
Geographic Area Covered: States of Mississippi and Louisiana
Allowed Activities: Shipbuilding; Food Processing; Manufacturing
New Orleans' Mayor's Office RC
Geographic Area Covered: New Orleans
Allowed Activities: Leasehold improvements to fixed asset commercial buildings sector; Mobile medical services facilities sector; Commercial lodging, hotels, and hospitality sector; Mixed-use real estate construction/reconstruction sector; Mixed-use residential lease and rental properties sector; Arts and sciences industry sector.
Noble Coastal Ventures -- Louisiana Mississippi Regional Center
Geographic Area Covered: States of Louisiana and Mississippi
Allowed Activities: Leasehold improvements to fixed asset commercial buildings sector; Mobile medical services facilities sector; Commercial lodging, hotels and hospitality sector; Mixed-use real estate construction/reconstruction sector; Mixed-use residential lease and rental properties sector; Arts and sciences industry sector; Harbor facilities sector; Gaming and casinos sector; Marine sector.
Nevada
Nevada Regional Economic Development Center (NREDC)
Geographic Area Covered: Nevada
Allowed Activities: Service Industry, Infrastructure, Waste Mgmt & Transportation.
New Jersey
New Jersey Regional Center, LLC
Geographic Area Covered: Bergen, Essex, Hudson, Mercer, Middlesex, Passaic, and Union Counties, NJ
Allowed Activities: Hotels; Restaurants; Retail stores; Office buildings; Light industrial warehouses; Civic buildings; Apartments/Condominiums; Mixed use I (hotel/retail/apartments); Mixed use II (office buildings/retail/condominiums)
New York
New York City Regional Center, LLC
Geographic Area Covered: New York City counties of Bronx, Kiings, Queens, and New York (Manhattan)
Allowed Activities: Hotels; Restaurants; Retail stores; Office buildings; Light industrial warehouses; Civic buildings; Apartments/Condominiums; Mixed use I (hotel/retail/apartments); Mixed use II (office buildings/retail/condominiums)
Upstate New York Regional Center (UNYRC)
Geographic Area Covered: 22 counties of Western upstate New York
Allowed Activities: Agriculture, Natural Resources and Mining; Manufacturing; Trade, Transportation and Utilities; Information; Financial Activities; Leisure and Hospitality; Professional and Business Services; Education and Health Services; Other Services.
Buffalo Regional Center
Geographic Area Covered: Buffalo, NY
Pennsylvania
Philadelphia PIDC Regional Center
Geographic Area Covered: Philadelphia County, PA
Allowed Activities: Tourism; Trade; Technology; Higher Education; Transportation; Leasehold improvements of commercial office space
Pennsylvania DCED Regional Center
Geographic Area Covered: most counties of PA
Allowed Activities: Tourism and hospitality; Technology; Transportation; Manufacturing and Trade; Health services; Agriculture and food production; Higher education; Leasehold improvements to commercial office and mixed-use spaces.
South Carolina
Carolina Center for Foreign Investment RC
South Dakota
South Dakota SDIBI
Geographic Area Covered: Eastern South Dakota
Allowed Activities: Animal dairy farm operations; Animal heifer ranch operations; Animal feedlot operations; and Meat processing and packing operations.
Texas/Oklahoma
Global Century Development, LLC
Geographic Area Covered: Houston's Chinatown area
Allowed Activities: Hotel and Hospitality; Retail; Mixed use residential; Commercial office; Restaurant/Entertainment
South West Bio-Fuel RC, LLD
Geographic Area Covered: 40 counties in Northwest Texas and 9 counties in Western Oklahoma
Allowed Activities: Development and operation of fuel grade ethanol production facilities.
Vermont
Vermont Agency of Community Development EB-5 RC
Geographic Area Covered: Jay Peak Resort; Sugarbush Resort, and entire state of VT
Washington
Aero-Space Port International (ASPI)
American Life Ventures Everett, Washington
Geographic Area Covered: City of Everett, WA
Allowed Activities: Renovation of Industrial facilities or new construction of facilities to be leased to business tenants engaged in light manufacturing, or retail sales activities.
American Life Seattle RC/Golden Rainbow Freedom Fund
Geographic Area Covered: Jackson County, Oregon and the City of Seattle Neighborhood Reinvestment Area, WA
Allowed Activities: Air cargo and manufacturing facility; Commercial/industrial/residential development; Provide capital, loans or investments; Establish or invest in lending institutions
American Life Ventures, Tacoma, Washington
Geographic Area Covered: City of Tacoma, WA
Allowed Activities: Renovation of industrial facilities or new construction of facilities to be leased to business tenants engaged in light manufacturing, warehousing, or retail sales activities
Whatcom Opportunities RC
Geographic Area Covered: Whatcom County, WA
Allowed Activities: Assisted living facilities for the elderly
Wisconsin
Ecorntech Regional Center
Geographic Area Covered: 164 acre park located at Arlington Prairie Industrial Park, 101 Skyline Dr., Arlington, County of Columbia, Wisconsin Allowed Activities: The production and sale of Medium Density Fiberboard (MDF) and the production and sale of Cornstalk Polymer Composite (CPC).
Metropolitan Milwaukee Association of Commerce
Geographic Area Covered: Southeastern Wisconsin

Q: Is my investment guaranteed?
No. The law requires an "at risk" investment without guarantees or redemption rights.
Q: What are my risks?
As in any investment there is a risk of total loss. Our associate invests in real estate without mortgage or bank financing. This lack of debt eliminates much of the risk of total loss. Like everybody we risk the deleterious effects of acts of god, war, and market fluctuations in rental income or real estate prices. All investors are provided with sound references to permit independent verification of the information contained in the investment prospectus.
Q: Is my investment guaranteed?
No. The law requires an "at risk" investment without guarantees or redemption rights.
Q: What are my risks?
As in any investment there is a risk of total loss. Our associate invests in real estate without mortgage or bank financing. This lack of debt eliminates much of the risk of total loss. Like everybody we risk the deleterious effects of acts of god, war, and market fluctuations in rental income or real estate prices. All investors are provided with sound references to permit independent verification of the information contained in the investment prospectus.
Q: What documents must I prepare to process my visa petition?
You must prepare complete biographical information for each applicant and the principal applicant must prove the source of the investment funds. To prove the source of investment funds, INS requires five years of tax returns, five years of bank records, proof of ownership in any businesses, financial statements for each business and business licenses. The idea is present a track record of an honest course of dealing. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred, by providing an official document, such as a closing statement or contract or other official documents. This is not an exhaustive list. Documents Other documents may be required and vary on a case-by-case basis.
Q: What issues have been problematic in EB-5 cases?
Our associate uses the same investment model for each case. INS has reviewed their investment model and has approved visa petitions based on their model. The most common problem area has been insufficient documentation of the source of funds. Many people try to disclose the least possible information only to have the file returned with a request for further information. It is better to provide too much information rather than too little information. In this era of terror alerts, and suspicions about money laundering, INS case examiners require a well- documented source of funds.
Q: Where can I find a copy of the relevant law and regulations to study?
Please go to the Bureau of Citizenship and Immigrations Services web site. A direct link to investment visa information is:

http://www.immigration.gov/graphics/services/residency/investment.htm

Q: How long does INS take to process my visa petition?
Processing times vary from as little as a few weeks to as much as eight months. We can't predict or promise a particular processing time. You should plan for the entire process to take approximately one year to avoid disappointment.
Q: What are the processing procedures?
A general outline of the application process follows:
Step 1) File form I-526 Petition for Alien Entrepreneur with the California Service Center. This petition requests INS to certify the applicant and the investment as eligible for EB-5 visa status.
Step 2) Upon approval of the I-526 petition, (a) if you are in the United States you may apply for Adjustment of Status to Permanent Residence by sending form I-485 and supporting documents to the INS regional processing center nearest your US residence. (b) If you are abroad you must wait for notification from the Embassy in your home country to prepare documents for the visa interview.
The purpose of the Adjustment of Status or consular visa interview is to make sure you are not subject to a grounds of exclusion, e.g. a criminal past, infectious diseases, etc.
Step 3) Upon approval you receive a form evidencing the approval and as well as a travel document. You will also receive the temporary green card in the mail. If you are abroad you must enter the US within six months of the date of the Embassy approval.
Step 4) After two years, you may file for removal of conditions or your permanent green card using Form I-829. This procedure permits INS to verify that you have maintained your approved investment for the required two-year period.
Q: What are the fees?
The Real Estate investment firm receives the first $50,000 of profit from your investment. There are no other fees charged for the investment. Investors must pay their own attorney fees which we can estimate to be in the area of $10,000 (paid under a result oriented installment mandate) to prepare and secure approval.