Hi. Are you considering applying for an EB-5 visa?
In this video we're going to go over the 10 steps
you need to take to make a successful application.
The first step is deciding whether to invest directly
or in a regional centre.
So if you invest in the US directly
then you will need to own and manage the business
and ensure that a minimum number of jobs is maintained.
10 jobs have to be maintained.
And if the income falls below that level,
you may have to let people go
and therefore you won't
satisfy the immigration requirements.
Now you may invest 500,000 if your project
is in a targeted employment area.
Otherwise you need to invest £1 million.
A targeted employment area is an area
where unemployment is at 150% of the national average.
Or a rural area with a population of 20,000.
Having said that,
many EB-5 projects are in ostensibly lucrative areas.
In and around New York, for example,
investing in an EB-5 project
is a relatively passive route by contrast,
in that you make your investment
but don't then have to own and manage the business.
So the second stage if you do want that passive route
and you want to invest at the 500,000 level,
is to choose a EB-5 project to invest in.
Some of the key considerations in doing this
are the asset class,
the location
and the rate of return.
Now on the main asset classes,
these are as a general rule, commercial real estate,
like office space, retail space,
for example, a supermarket,
hotels and residential real estate.
This could be for mixed use.
For example, a rental apartment with
a public library and other amenities.
Now the reason these are the main asset classes
is that all of these involve a way to create jobs.
In these cases, in relation to construction.
Bear in mind that job creation is at
the heart of the EB-5 visa route.
You've got to show that you can create and maintain 10 jobs.
Location and rate of return are important.
On the rate of return there are many different options.
Rate of return isn't often the primary factor
in choice of investment.
The primary factor is the viability of the EB-5 project.
EB-5 projects are very diverse
and some are more or less viable than others.
Some for example, are funded exclusively by EB-5 investors.
Depending on your appetite for risk,
you may not wish to go for such a project.
If for example, any of the other EB-5 investors decide to
pull out and the project company becomes insolvent,
that may mean that all applicants who have invested in
that project will not be able
to meet their immigration conditions.
Whereas if there's other funding in place,
so that the EB-5 project going ahead is not
contingent and dependent on the EB-5 investment exclusively,
that can present a better course.
Location is often another very important factor.
It's important to ensure that if you are claiming
that the area in which you're making an investment
is a targeted employment area,
that is supported by thorough evidence.
So if it's claimed that the unemployment rate is
at over 150% of the national average,
there's got to be proof of that.
This proof normally comes in
the form of an economist's report.
So don't necessarily take that assertion for granted.
The third stage is to start
preparing the relevant documents.
By this stage, stage three,
you have already decided whether you're
going to invest directly or in a regional centre.
If you've decided to invest in a regional centre
and you've chosen an EB-5 project that suits
your objectives and risk profile,
then at that point we prepare a document
regarding the source and path of funds.
This is the I5-26
which we prepare for you with our US attorney.
This document deals with the source of your funds,
so where your funds are coming from,
and it also deals with the project you propose to invest in.
Now I mentioned there are different kinds of EB-5 projects.
Some projects are what's known as
exemplar approved projects.
I work with the EB-5 regulator, or broker dealer,
which has a number of exemplar approved projects
for you to choose from.
Now the importance of this
is that if the project is already exemplar approved,
the US Citizenship and Immigration Services, or USCIS,
do not have to consider it further.
So if you're exemplar approved,
USCIS has already approved the project
and does not need to look at it again
in the application process.
This also gives you some level of reassurance
because you can be confident
that one aspect of your application has already,
in effect, been granted.
Your chosen EB-5 project has already been pre-approved
because it's exemplar approved.
The only thing outstanding therefore at this point,
when we file the I5-26 petition,
is the source of your funds.
And this is the process of USCIS doing their due diligence
on you to ensure that the funds you're going to be
investing are not the proceeds of crime
and not the outcome of a money laundering exercise,
and that they come from a legitimate source.
This may be the result of a property sold by you
or invoices from your business or other earnings.
So the application process normally takes 22 months
if your project is not exemplar approved.
However if you go through us
and the project is exemplar approved
the process will take less time.
Typically 11 to 18 months.
And in that time USCIS will scrutinise
the source of your funds.
The next stage, stage seven,
is that the I5-26 is approved.
Now at this point you will need to have placed
your funds in escrow in an account where those funds
are only released if your application is approved.
The advantage of this is that if for any reason
your application is rejected or not approved,
because of any doubt about
the source of your funds for example,
then your funds will be returned to you in full.
They will simply have been sitting in escrow
during the time in which
your I5-26 petition has been considered.
We now come to stage eight.
Although your petition has been granted,
you still need to be interviewed.
The purpose of the interview is,
among other things,
to ensure that you have, for example,
no extreme beliefs etc.
And at that point your conditional
Green Card is issued to you.
The conditional Green Card is granted
and lasts for two years.
The main conditions are that you create and maintain 10 jobs
and that your capital that's been invested,
remains at risk.
In other words, it hasn't been parked in a bank account
or in some form of security.
It was used to construct the project.
The last stage, stage 10, is two years later.
At which point you can apply for your Green Card.
So those are the 10 steps you need to take
to make a successful application under the EB-5 route.
If you have any questions for me about the process,
you can either drop me a question in the comments below,
or you can contact me on the contact details below.
Either WhatsApp, Skype messenger, or drop me an email.
This video is part of a series on how to access
the US for investment and business
and the different visa routes available to you.
You can check out two of my other videos here
about how you can achieve that
and the different options available to you.
With my reach abroad US service,
I help clients access the US for investment and business.
So if you have any questions please do get in touch.
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if you'd like the rest of the videos in this series.
Thanks for watching and I look forward to hearing from you.