Important Facts for Investors Pursuing the EB-5 Green Card

The EB-5 program is an immigration program allowing foreign nationals to obtain a conditional green card after investing a specified dollar amount in a new or ongoing US enterprise that is expected to create 10 or more full-time jobs for US residents (exclusive of the investors). As business developers discover this source of investment capital after a difficult economic downturn, the program has increased greatly in popularity. While the limit of 10,000 visas per year under the program has not yet been reached, it is possible that the limit could be reached either in 2013 or in 2014.

China Could Trigger a Cutoff in 2013

China accounts for the largest number of investors seeking a green card through investment. Cutoffs are only triggered if total applications for immigration under the EB5 program exceed 10,000. In 2012, 7,641 EB-5 visas were granted, but if applications in 2013 exceed 10,000, a per-country limit could be placed on China, creating a backlog for the EB5 category. If the limit of 10,000 EB-5 visas is reached in fiscal year 2013, limits are imposed on a per-country basis to prevent oversubscription by one country. Currently, the only country that could be affected by such a limit in 2013 is China.

Investor Immigrants Urged to Work with EB5 Consultants

Working with an EB5 consultant in the US is becoming increasingly important as the possibility of reaching yearly EB-5 visa limits becomes more probable. Like any other type of immigration, the process of applying for a green card through investment is complex. Applicants must specify where they want their capital invested, and they must prove that the funds came from lawful sources. Providing this proof is more difficult for residents of some countries than others, and EB5 consultants, who are often experienced immigration lawyers, know how to advise immigrants on collecting the documentation they need.

EB5 Investors and Their Financial Stakes

People pursuing an EB-5 green card must put personal funds at stake, either $500,000 or $1 million. The lower figure applies if the applicant invests in a designated EB-5 Regional Center, of which there are over 200 in the US. The higher figure applies if a person wants to start a new business, or wants to invest in a non-Regional Center project. The number of Regional Center projects has been growing in recent years as US enterprises have discovered the EB-5 program as a source of capital.

The SEC Investigates Fraudulent EB5 Schemes

Unfortunately, the growth in popularity of the EB5 program has also seen a rise in fraudulent EB5 investment offerings. When this happens, it is the Securities and Exchange Commission (SEC) that investigates and pursues legal action if warranted. An investigation of a project involving a convention center in Chicago was begun in early February 2013 by the SEC, alleging that the developer defrauded investors and misused administrative fees. Though these incidents are far from common, they only highlight the importance of EB-5 applicants working with experienced EB5 consultants and lawyers so that they can avoid investing in a fraudulent enterprise.

About the Author

The EB5 program allows foreigners to obtain a green card through investment, which has created tens of thousands of jobs since its inception. But in order to get an eb-5 green card, you will have to maneuver through a very complex process. It's recommended that you use an expert, like the ones you'll find at eb5exlusive.com. Why not go there now?

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