Q&As

What does 'at risk' mean?

  • Best Answer

    Answered on September 4, 2019

    To qualify as an EB-5 investment, the immigrant investor must actually place his or her capital \"at risk.\" The mere intent to invest is not sufficient. If the immigrant investor...

  • Best Answer

    Answered on May 9, 2019

    Under the EB-5 program, the concept of “investing” requires that an investor place the required amount of capital “at risk for the purpose of generating a return on the capital...

  • Best Answer

    Answered on May 9, 2019

    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...

Q: What if I didn’t pay taxes, will this impact my source of funds?

  • Best Answer

    Answered on September 9, 2019

    Yes. An applicant must be able to show source of funds so if you have not paid taxes, you cannot show  funds from work; similarly if you are now claiming...

  • Best Answer

    Answered on September 17, 2019

    It really depends. I have had EB-5 cases where Indian citizens are non-residents of India and there may be tax exemptions for them. Some countries do not have taxation on...

Q: What should I look for in a good immigration attorney?

  • Best Answer

    Answered on September 17, 2019

    Experience, ethics, honesty, and reasonable legal fees. It will be important to have an EB-5 expert that has dedicated experience in all aspects of the EB-5 Program: experience in filing...

Can my investment money be a gift?

  • Best Answer

    Answered on September 4, 2019

    Yes, there is no prohibition on using funds that were gifted for the EB-5 investment. The immigrant investor will need to provide a gift instrument documenting gifts to the immigrant...

  • Best Answer

    Answered on May 9, 2019

    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...

Q: What are some advantages of the EB-5 Immigrant Investor Program?

  • Best Answer

    Answered on September 4, 2019

    The many advantages of EB-5 include (a) right to live in the US permanently, without US employer sponsorship or family-based sponsorship; (b) can live, work, travel freely; (c) can start...

  • Best Answer

    Answered on May 9, 2019

    There are many. One can self-sponsor – unlike with other employment-based immigrant visa categories, no U.S. employer is needed to sponsor the immigrant or prove U.S. worker shortage.  Immigration can be...

Q: What is conditional permanent residence?

  • Best Answer

    Answered on September 4, 2019

    A conditional permanent resident receives a Green Card valid for 2 years. In order to remain a permanent resident, a conditional permanent resident must file a petition to remove the...

Q: What does a conditional Green Card mean?

  • Best Answer

    Answered on September 9, 2019

    The conditional green card is issued after approval of the I-526 (assuming there is no backlog for visas) It is valid for two years, and means that there are conditions...

Q: During Conditional Permanent Residency, who needs to fulfill physical presence requirements?

  • Best Answer

    Answered on September 17, 2019

    Hello Andre, I would be happy to answer this question for you. Any lawful permanent resident must each fulfill the physical presence requirements. It will be important that you and...

  
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