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EB-5

EB-5 Immigrant Investor

Visa Description

USCIS administers the Immigrant Investor Program, also known as “EB-5,” created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under a pilot immigration program first enacted in 1992 and regularly reauthorized since, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a new commercial enterprise, which is a commercial enterprise:

·         Established after Nov. 29, 1990, or

·         Established on or before Nov. 29, 1990, that is:
1. Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or
2. Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business including, but not limited to:

·         A sole proprietorship

·         Partnership (whether limited or general)

·         Holding company

·         Joint venture

·         Corporation

·         Business trust or other entity, which may be publicly or privately owned

This definition includes a commercial enterprise consisting of a holding company and its wholly owned subsidiaries, provided that each such subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business.

Note: This definition does not include noncommercial activity such as owning and operating a personal residence.

Job Creation Requirements

·       Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

·       Create or preserve either direct or indirect jobs:

o    Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

o    Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Note: Investors may only be credited with preserving jobs in a troubled business.

A troubled business is an enterprise that has been in existence for at least two years and has incurred a net loss during the 12- or 24-month period prior to the priority date on the immigrant investor’s Form I-526. The loss for this period must be at least 20 percent of the troubled business’ net worth prior to the loss. For purposes of determining whether the troubled business has been in existence for two years, successors in interest to the troubled business will be deemed to have been in existence for the same period of time as the business they succeeded.

A qualified employee is a U.S. citizen, permanent resident or other immigrant authorized to work in the United States. The individual may be a conditional resident, an asylee, a refugee, or a person residing in the United States under suspension of deportation. This definition does not include the immigrant investor; his or her spouse, sons, or daughters; or any foreign national in any nonimmigrant status (such as an H-1B visa holder) or who is not authorized to work in the United States.

Full-time employment means employment of a qualifying employee by the new commercial enterprise in a position that requires a minimum of 35 working hours per week. In the case of the Immigrant Investor Pilot Program, "full-time employment" also means employment of a qualifying employee in a position that has been created indirectly from investments associated with the Pilot Program.

A job-sharing arrangement whereby two or more qualifying employees share a full-time position will count as full-time employment provided the hourly requirement per week is met. This definition does not include combinations of part-time positions or full-time equivalents even if, when combined, the positions meet the hourly requirement per week. The position must be permanent, full-time and constant. The two qualified employees sharing the job must be permanent and share the associated benefits normally related to any permanent, full-time position, including payment of both workman’s compensation and unemployment premiums for the position by the employer.

Capital Investment Requirements

Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur, provided that the alien entrepreneur is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness. All capital shall be valued at fair-market value in United States dollars. Assets acquired, directly or indirectly, by unlawful means (such as criminal activities) shall not be considered capital for the purposes of section 203(b)(5) of the Act.

Note: Investment capital cannot be borrowed.

Required minimum investments are:

·       General. The minimum qualifying investment in the United States is $1 million.

·       Targeted Employment Area (High Unemployment or Rural Area). The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

A targeted employment area is an area that, at the time of investment, is a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

A rural area is any area outside a metropolitan statistical area (as designated by the Office of Management and Budget) or outside the boundary of any city or town having a population of 20,000 or more according to the decennial census.

Market America Realty and Investmnet Group can aid you in this process by introducing you to specialists in these areas.

 

Application Process

1.File a Form I-526, Petition by Alien Entrepreneur

2.Upon approval of the Form I-526 petition, either:

1. File a Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to conditional permanent resident within the United States, or

2. File a DS-230, Application for Immigrant Visa and Alien Registration, with the Department of State to obtain an EB-5 visa for admission to the United States.

The EB-5 investor (and his or her derivative family members) is granted conditional permanent residence for a two-year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.

 

1.File Form I-829, Petition by Entrepreneur to Remove Conditions, 90 days prior to the two-year anniversary of the granting of the EB-5 investor’s conditional resident status (Green Card). If USCIS approves this petition, the conditions are removed from the EB-5 applicant’s status and the EB-5 investor and derivative family members will be allowed to permanently live and work in the United States.

Forms are available in the Forms section of the USCIS website, by calling 1-800-870-3676, or by submitting a request through our Forms by Mail system. Please see the About Us section for more information on USCIS offices.

 

Form I-526 Petition for an Alien Entrepreneur

Requirements

Supporting Documents (Evidence)*

 

New Commercial Enterprise

Evidence that you have invested in a “for profit” new commercial enterprise, which is a commercial enterprise:

 

Established after Nov. 29, 1990, or

Established on or before Nov. 29, 1990, that is:

Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or

Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

Evidence, if applicable, that your new commercial enterprise has been established and is principally doing business in a targeted employment area (TEA).

 

Managing the New Commercial Enterprise

Evidence that you will be actively involved in the management of the new commercial enterprise (day-to-day or through policy).

 

Investment Evidence that you have invested or are in the process of investing the amount required ($1 million or $500,000).

 

Evidence that the investment funds were obtained through lawful means. Evidence that the capital used was legally acquired may be demonstrated by the following:

 

Foreign business registration records

Personal and business tax returns, or other tax returns of any kind filed anywhere in the world within the previous five years

Documents identifying any other source of money

Certified copies of all pending civil or criminal actions and proceedings, or any private civil actions involving money judgments against the investor within the past 15 years

 

Job Creation Evidence that the new commercial enterprise will create at least 10 full-time positions—not including yourself, your spouse, sons or daughters, or any temporary or nonimmigrant workers, or individuals who are not authorized to work in the United States. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than 10 employees will result. Include approximate dates, within the next two years, and when each employee will be hired.

 

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.

 

Job Preservation—Troubled Business The same evidence which is mentioned above for job creation except instead of the evidence that the business will create at least 10 new jobs, you must submit evidence that:

 

The number of existing jobs is being or will be maintained at no less than the pre-investment level for a period of at least two years. Photocopies of tax records, Forms I-9 (Employment Eligibility Verification), or other relevant documents for the qualifying employees and a comprehensive business plan shall be submitted in support of the petition.

 

* Note: To be approvable, at least 10 jobs must be maintained.

 

* Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.

  

 

Form I-829 Petition by Entrepreneur to Remove Conditions

You must submit Form I-829 within the 90-day period immediately before the second year anniversary of your admission to the U.S. as a conditional permanent resident.

 

Requirements

  Supporting Documents (Evidence)*

 

 

Investment

 

Evidence that you in fact invested in a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’ organizational documents and federal tax returns.

 

Evidence that you have invested or are actively in the process of investing the total amount of required funds.

 

Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:

 

Business invoices and receipts

Bank statements

Contracts

Business licenses

Audited or reviewed financial statements.

Complete copies of federal or state income tax returns or quarterly tax statements

 

Job Creation

Evidence that you created or will create within a reasonable time 10 full-time jobs for qualifying employees. Such evidence may include, but is not limited to:

 

Business payroll records

Relevant tax documents

Employee Forms I-9

 

Job Preservation—Troubled Business The same documentary requirements for job creation mentioned above, except that the investor must show that he or she has maintained (not created) the number of existing employees at no less than the pre-investment level for the period following his or her admission as a conditional permanent resident.

 

*Note: To be approvable, at least 10 jobs must be maintained.

 

*Note: Regional center-affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the preservation of indirect jobs.

 

  

    

Dependents

Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period.  If your I-829 petition to remove conditions is approved, the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent residents (Green Card holders) your spouse and children will be authorized to work or attend school in the U.S.


Florida Regional Centers

Florida

Regional Center: American Life Investments, LLC 

Location: American Life, Inc., 270 S. Hanford St., Ste. 100, Seattle, WA 98134

 

Contact: Henry Liebman or Jo Hwang

 

Phone: 206-381-1690

 

Fax: 206-381-3927

Website: www.amlife.us

E-mail: henry@americanlifeinc.com or jo@americanlifeinc.com

Geographic Scope:  Miami-Dade County, Florida

Industries:  Commercial/Industrial Development; Public/Private Arrangements w/ the City of Miami, non-profits, Miami-Dade County or other entities to develop civic/public facilities and infrastructure; Renovation of functionally obsolete buildings preserving historical features; Mixed Use Developments,including retail, residential, apartments, and condominums; and the Provision of Capital, loans or investment for businesses wishing to locate in the regional center area

 

 

 

Regional Center: America's Center for Foreign Investment, LLC

Location: 150 S. Los Robles Ave., Suite 860, Pasadena, CA 91101

Contact: James DeBates

Phone: 888-688-ACFI

Fax: 626-683-7393 Website: www.acfi-usa.com

 

Email: info@acfi-usa.com

Geographic Scope: Florida counties of: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Liberty, Franklin, Gadsden, Leon, Wakulla, Jefferson, Madison, Taylor, Hamilton, Suwannee, Lafayette, Dixie, Gilchrist, Levy, Columbia, Baker, Lincoln, Bradford, Alachua, Marion, Nassau, Duval, Clay, St. Johns, Putnam, Flagler, Volusia, Seminole and Alachua

Industries: Agriculture, Construction, Cruise line support services, Health care facilities, Heavy manufacturing, Hospitality industry, Light manufacturing, Resort industry, Schools, Service industry, Technology

 

 

 

Regional Center: BirchLEAF Miami 31, LLC Regional Center

Location: BirchLEAF Miami 31 C/O Luciana Zamith Fischer 100 S.E. 2nd Street, Suite 2330 Miami, FL 33131

Contact: Luciana Zamith Fischer

Phone: 305-373-0733

Fax: 305-373-0734 Website: birchleafglobal.com

 

Email: Lucy@birchleafglobal.com

Geographic Scope:  Census Tract 31 (Miami Dade County, Florida)

Industries: Industry Clusters: Manufacturing, Professional Scientific & Technical Services, and Accommodation & Food Services

 

 

 

Regional Center: Charlotte Harbor Regional Center

 

Address: 2421 Tamiami Trail Port, Charlotte, FL 33952

Contact: Allen W. Heise/Alco Florida Holdings, LLC

Phone: 941-258-2939

Fax:  None

Website: www.charlotteharbourregionalcenter.com

Email: None

Geographic Scope: Charlotte and Sarasota (Florida Counties)

Industries: Construction, Restaurant, Retail, Office Space, Marina, Sales, Real Estate, Manufacturing

 

 

 

Regional Center: Florida EB5 Investments LLC Regional Center 

Address:  Florida EB5 Investments LLC, RC 

c/o Walter M. Cummins, Jr., President

125 Spring Lake Hills Dr.   

Altamonte Springs, FL 32714

Contact: c/o Walter M. Cummins, Jr., President                         

Phone:  407- 497-3653

Fax: Call ahead at 407-497-3653

Website:  www.FloridaEB5Investments.com

Email:  floridaEB5investments@yahoo.com

Geographic Scope:  State of Florida

Industries:  Traveler Accommodations, Food Service & Drinking Places, Retail Trade, Real Estate, Manufacturing, Performing Arts, Construction, Wholesale, Finance, Insurance, Healthcare, Transportation & Warehouse, Administrative & Support Services and Information & Media

 

 

 

 

Regional Center: Florida EB-5 Regional Center, LLC

 

Address: 1626 Ringling Boulevard, Suite 500, Sarasota, FL 34236

Contact: Craig Menke

Phone: 941-807-3447

 

Fax: None

Website: www.fleb5.com

Email: FloridaEB5Investments@yahoo.com

 

Geographic Scope: Entire state of Florida

Industries: Manufacturing; Finance & Insurance; Health Care and Social Assistance; Accommodation and Food Services; Retail Shopping and Affordable Housing

 

 

 

Regional Center: Florida Equity & Growth Fund Regional Center, LLC

Location: 125 Spring Lake Hills Altamonte Springs, FL 32714

Contact: Walter M. "Marty" Cummins, Jr.

Phone: 407-497-3653

Fax: Call for number Website: None

Email: marty@FLequityandgrowth.com, chaptersbooks@yahoo.com

Geographic Scope: Florida High Tech Corridor

Industries: Traveler accomodation; Food services and drinking places; Retail trade; Real estate; Manufacturing; Performing Arts; Museums, historical sites & similar institutions; Professional, scientific, and technical services

 

 

Regional Center: Florida Overseas Investment Center RC

Location: Florida Overseas Investment Center LLC c/o Roy Norton

6547 Midnight Pass Rd, #3, Sarasota, FL 34242

Contact: Roy Norton, Director

Phone:  813-766-5460

Fax:  866-234-0722 Website: eb5florida.com

 

Email: roy@eb5florida.com

Geographic Scope: All 67 Counties in Florida

Industries: Commercial & Industrial Real Estate

 

 

 

Regional Center: Florida Regional Center, LLC

 

Address:  11700 U.S. Highway 1 Suite 301

Palm Beach Gardens, Florida 33408

Contact: Nicholas A. Mastroianni I

Phone: 561-799-0027

Fax: 561-799-0061

Website: www.FLRegionalCenter.com

Email: info@FLRegionalCenter.com

Geographic Scope:  Palm Beach County, Florida

Industries:  Mixed-Use Commercial Projects (Hospitality, Retail, Restaurant, Office Space, Marina and Entertainment)

 

 

 

Regional Center: Gold Coast Florida Regional Center

Location:  Gold Coast Florida Regional Center, LLC

c/o Charles R. Abele, Jr.

1200 Ponce de Leon Blvd., 1st Floor

Coral Gables, FL 33134

Contact:  Gold Coast Florida Regional Center, LLC

c/o Charles R. Abele, Jr.

1200 Ponce de Leon Blvd., 1st Floor

Coral Gables, FL 33134

Attorney:  C. Matthew Schulz, Esq.

Baker & McKenzie, LLP

660 Hansen Way

Palo Alto, CA 94304

 

Telephone: (305) 461-7278

Fax: (305) 461-7232

Website: unknown

Email: cabele@southernfacilities.com

Geographic Scope: Florida counties of Broward, Miami-Dade and Palm Beach

Industries: Residential Building Construction; Non-Residential Building Construction; Accommodation; Food Services and Trade

 

 

Regional Center: Lake Buena Vista RC

Location: 1725 University Dr. Suite 450

Coral Springs, FL 33071

Contact: Samuel Sutton

Phone: 954-755-7003 Website:eb5greencardusa.com

 

Email: Ssutton@eb5GreenCardUSA.com

Geographic Scope: Orlando-Kissimmee Standard Metropolitan Statistical Area

Industries: Development and expansion of Lake Buena Vista Resort Village and Spa

 

 

 

Regional Center: The Lake Point EcoVentures Regional Center   

Location: 4500 Biscayne Blvd. Suite 105

Miami, FL 33137

Contact: Jacob P. Levin

Phone: 305-573-1626

Fax: None Website: www.lakepointecoventures.com

Email: None

Geographic Scope: Martin, Palm Beach, Okeechobee and St. Lucie counties in the State of Florida

Industries: Rock mining; Mineral extraction; Wetlands and ecosystem restoration; Rock and sand processing facilities; Rebuilding the Herbert Hoover Dike on Lake Okeechobee; Water Restoration; Water purification systems; Storm water treatment areas; Farming activities; Land management and Renovation of Lake Okeechobee

 

 

Regional Center:  Mirzam Investor Green Card Regional Center 

Address:1 Main Street, Suite 200 Tequesta, FL 33469

Contact:  Clifford R. Morris, President

Telephone/Fax: Tele: (561) 741-3000/Fax: (561) 741-8000

Website: www.floridaregionalcenter.com

Email: cliff@mizramgroup.com 

Geographic Scope: South and Central Florida- the Florida counties of Citrus, Hernando, Sumter, Lake, Orange, Brevard, Indian River, Osceola, Polk, Hillsborough, Pinellas, Manatee, Sarasota, Hardee, Desoto, Highlands, Okeechobee, St. Lucie, Martin, Palm Beach, Glades, Hendry, Charlotte, Lee, Collier, Broward, Miami-Dade, and Monroe.

Industries: Aquaculture-Shellfish Farming NAICS Code 112512

 

 

 

Regional Center: Palm Beach RC

Location:

4300 Main Street,

Jupiter, FL 33458

Contact:

Louis Haddad: 561-644-1717

Alfred Zucaro: 561-644-1665 Website: Palmbeachregionalcenter.com; Palmbeachinvestmentandfinance.com

 

Email: Alfred Zucaro: Azucaro@Palmbeachregionalcenter.com Louis Haddad: Lhaddad@Palmbeachregionalcenter.com

Geographic Scope: Palm Beach County, FL, and Florida counties of Charlotte County, Martin, St. Lucie, Indian River, Okeechobee and Hendry

Industries: Transportation Facilities and Infrastructures; Warehouse and Cargo Terminals; Biotechnology and Related High Technology Manufacturing; Solar Panel Manufacturing; Water Treatment Plants; Office Buildings; Hotels; Film and Television Production; Renewable Energy Technologies; Health Care Facilities; Financial Services; and Agricultural Activities.

 

 

 

Regional Center: Palm Coast Florida Regional Center

Location: Vincent J. Simonelli C/O Palm Coast Florida Group LLC 202B Sea Oats Dr.

Juno Beach, FL 33408

Contact: Arthur E. Williamson, Jr. Managing Member 791 Foothill Court Toms River, NJ 08753

Phone: 732-270-1805

Fax: 732-270-1852 Website: pceb5.com

 

Email: williamson.arthur@pceb5.com

Geographic Scope: Counties of St. Johns, Flagler, Brevard, Volusia, Orange and Seminole

Industries: Shopping & Retail Centers, Light Industrial Centers, Hospitals, Hotels, Medical Offices and Nursing Homes

 

 

 

Regional Center: Regional Center of South Florida, LLC

Location: 1221 Brickell Avenue,

Suite 1200, Miami, FL 33131

Contact: Brian M. Garcia, Esq.

Holland & Knight LLP

Phone: 305-459-1201

Fax: 305-459-1199 Website: None

Email: brian.garcia@ebsolution.com

Geographic Scope: Counties of Miami-Dade, Broward, Palm Beach and Monroe in Florida

Industries: Infrastructure, Real estate, Agriculture, Clean energy, Aviation and Aerospace, Tourism, Hospitality and Entertainment, Information Technology, Healthcare, Life sciences, Maritime, Manufacturing, Education, Homeland security and defense, and Financial and professional services

 

 

Regional Center: South Atlantic Regional Center (SARC)  

Location: 15535 Sunward St.    Wellington, FL 33414

POC: Joseph J. Walsh, Jr.

Telephone: (561) 282-6102

 

Fax: (877) 309-7287

Website: sarceb5.com

E-mail: info@sarceb5.com

Geographic Scope: Palm Beach County, Florida 

Industries: Real Estate Construction, Renovation, Hospitality and Tourism,

Health Care Nursing and Assisted Living, Medical Offices,Health Care Facilities,

Insurance Offices, Retail Shopping Malls and Shopping Centers, General Retail,

Office Complex and Office Buildings, Commercial Office, Commercial/Industrial Developments,

Private/Public arrangements with Governmental Agencies; Hotels, Heavy Manufacturing,

Light Manufacturing, Industrial/Warehouse Buildings and Development, Resort Industry,

Mixed use Real Estate, Mixed-use Real Estate construction/reconstruction sector,

Mixed-use residential lease and rental properties sector, Biotechnology and Related High

Technology Manufacturing, Solar Panel Manufacturing,  Financial Services, Capital, Loans or

Investments to businesses in Regional Center area

 

 

 

Regional Center: South Florida Investment Regional Center (SFIRC)

Location: South Florida Investment Regional Center, LLC 21 SE First Avenue, 10th Floor

Miami, FL 33131

Contact: J. Eric Gould David J. Hart

Phone: 305-677-0117

Fax: 305-373-6753 Website: eb5regional.com

 

E-mail: egould@eb5regional.com, dhart@eb5regional.com

Geographic Scope: Miami-Dade, Monroe and Broward counties, FL

Industries: Construction of a hotel complex (with spa, restaurants and retail space); Mixed-use real estate renovation, development, management and sales.