How do you document your EB-5 investment’s source and path of funds?
For the EB-5 program, investors must make an initial capital contribution for an investment known in EB-5 terms as a New Commercial Enterprise (NCE). The amount is set at $800,000 for investments in Rural or High Unemployment TEAs (Targeted Employment Area) and $1,050,000 for non-TEAs. USCIS requires investors to prove in the I-526E petition that their […]
What is the I-956F Form?
Why is it important for EB-5 investors? Project Approval Application Form I-956F is an “Application for Approval of an Investment in a Commercial Enterprise”. In layman’s terms, it is the application that a Regional Center submits to the “US Citizenship and Immigration Service” (USCIS) for an EB-5Project’s approval. This form, mandated by the EB-5 “Reform […]
Intercreditor Agreements: What are they and Why it’s Important to EB-5 Investors?
Since most EB5 offerings come in the form of mezzanine, 2nd position debt, it is therefore critically important for investors to understand the relationship between a senior construction loan and the EB5 loan. This relationship is governed by an intercreditor agreement. Intercreditor agreements in commercial real estate are legal documents that outline the respective rights […]
What is Adjustment of Status (Form I-485)?
How do AOS and Concurrent Filing Benefit EB-5 Investors? In the EB-5 program, there are two approaches for receiving the green card after being approved: Adjustment of Status or Consular Processing. Suppose an investor is filing from abroad and not living in the U.S. on a valid visa. In this case, they must wait until […]
Is Quick Repayment Realistic in a High Mortgage Rate Environment?
When the EB-5 Reform and Integrity Act of 2022 was passed, many prospective EB-5 investors were elated about the possibility of faster capital repayments. Prior to the Reform and Integrity Act (RIA), EB-5 investors needed to sustain their investment to be at-risk throughout the conditional residency period. In more recent years, the conditional residency would […]
Evaluating an EB-5 Project’s Source of Capital
For foreigners pursuing an EB-5 visa through a regional center, the investment process may seem mechanical, but deciding on an investment goes beyond immigration qualifications and compliance with relevant laws. Investors should scrutinize if the investment not only secures permanent residency but also ensures a high likelihood for repayment of their capital. EB-5 investments are […]
Why do Developers want to use Funds from EB-5 Investors?
The EB-5 program is responsible for contributing more than $51 billion into the U.S. economy since the program’s inception in 1990. During the 07-09 Subprime Mortgage Lending crisis, the program experienced rapid growth. This was because real estate developers discovered a new method of raising funds for their projects. This occurred when traditional lending and […]
How likely is a 2 year EB-5 repayment with high interest rates?
On October 11, 2023, USCIS gave guidance on the minimum investment timeframe for new EB-5 investors. Their interpretation of the EB-5 Reform and Integrity Act of 2022 (RIA) is not yet in the USCIS Policy Manual and may get challenged in court as there are regional centers that’re trying to lobby against this provision. However, […]
As an F-1 student, what are my Green Card options?
Upon graduating from university, most of the +1 million F-1 Visa holders look for alternative Visa solutions that allow them to continue living in the US while pursuing employment opportunities. However, for F-1 students, the journey to a Green Card can be very long and plagued with uncertainty. The EB-5 Visa provides a direct path to […]
Replacing Debt with EB-5 Capital, how far back can you go?
Navigating through the EB-5 Bridge Financing Maze. ** Replacing Debt for EB-5 capital in Construction Loans? How far back is it safe to replace bridge capital? At Houston EB5, our goal is to always inform potential EB-5 investors in the clearest way possible. As a team of immigrants, we want you to have a successful […]
