Chattanooga, TN, United States
2 Posts
2 Best Answers
+1 (423) 756-2010
+1 (423) 752-4416
633 Chestnut Street, Suite 1900, Chattanooga, TN
Since 1994, Mr. Divine has authored Immigration Practice (Juris Publishing, 15th ed.), a well-regarded 1,800 page practical treatise on all aspects of U.S. immigration law, which is republished each year to incorporate the constant changes in the field. Mr. Divine is a frequent speaker on U.S. and international immigration rules, policies and procedures, and regularly appears before employers, investors, individuals, policy makers, other immigration lawyers and foreign governments. Click here for a transcript of Mr. Divine's testimony before the Senate Judiciary Committee on December 7, 2011 regarding the job-creating effects of the EB-5 immigrant investor program and the importance of renewing the regional center authorizing legislation. He also authors numerous alerts on immigration-related topics, which can be found on the Firm's Immigration website
An EB-5 investment into a “new commercial enterprise” (NCE) must be an “at risk equity investment. This means that the NCE must use the capital only for profit in a job creating business where the capital could be lost if the business does not go well. Also the NCE itself or any other entity cannot guaranty investment return and cannot provide security for the investment such as a promise of a condominium or other tangible or intangible property in lieu of investment return. But NCEs often in turn make a business of investing the capital in or loaning it to another “job creating enterprise” (JCE). So far USCIS has allowed NCEs to obtain security or guarantees for repayment by JCEs, even though that in turn can make the EB-5 investment in the NCE more secure. If USCIS finds that investment in an NCE was not “at risk” this can lead...
Yes, you can use one or more gifts for your investment. You will need to work with each giver to develop evidence about how the gift came from legitimate sources and about the relationship between you and the giver that provides motivation for making the gift (to overcome USCIS concerns that it is not really a gift but instead is a loan, subject to different policies). Under certain investment circumstances an NCE might not be willing to accept your investment unless you can confirm that you are an “accredited investor” (essentially, with at least $1,000,000 in net assets other than your home or with a job generating annual income of $200,000 for you or $300,000 for yourself and your spouse), and this issue naturally tends to come up more in gifted situations
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