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Know the Facts. Be informed about the EB5 green card program.


What are the country restrictions for EB5 green card program? 

In the EB5 Green Card program any citizen of a country for which the United States holds a diplomatic relationship can apply for and EB5 Green Card. The only requirement is that the person applying for the EB5 Green Card is allowed to leave their country and has sufficient investment capital to satisfy the EB5 Green Card requirements. It is important for these individuals to have a qualified immigration lawyer to assist the immigrants applying for and EB5 Green Card.

 

How long are you required to be in your EB5 Green Card investment?

Our EB5 Green Card regional center in very unique in that it allows you to get out of your EB5 Green Card investment at any time and there is no minimum period that you are required to stay in the EB5 Green Card investment by our company.

We realize that your circumstances can change unexpectedly and if for any reason you wish to cancel your plans to apply for immigration via and EB5 Green Card, even if you have only had your EB5 Green Card investment with us for a week or so, you may still sell your shares under our regional center rules and regulations for EB5 Green Card regional center regulations. Our regional center is significantly different from most regional centers that lock up your EB5 Green Card investment capital for at least five and even six years, regardless what you're needs are or what changes may have come about in your life requiring you to withdraw from your EB5 Green Card application.

For you to be able to comply with USCIS regulations and to be able to qualify for your EB5 Green Card visa, your investment must remain in place until the conditions under I – 829 have been met which are approximately 3 1/2 years after the initial investment.

It is important to note that the USCIS has recently decreed that EB5 Green Card related investments must be committed to be held for no less than five years.

 

Do the EB5 Green Card requirements require me to have earned the money for the investment myself?

You are not required under the EB5 Green Card program to have to have earned the money yourself. You could have received the money as a gift. The only requirement that the EB5 Green Card program has is if you received the money as a gift that the gifted money must have been legally earned and that if there were any taxes due on that money that they were paid on the gift before your make your EB5 Green Card investment.

If I have been denied a visa to the United States before may I still apply for it EB5 Green Card?
The wonderful thing about the EB5 Green Card visa program is that even if you have been denied a visa to the United States previously you may still apply to the EB5 Green Card program.

 

Under the EB5 Green Card process who are eligible to immigrate?

When you apply for an EB5 Green Card program via the USCIS application requirements, you and your spouse and any unmarried children that you have under 21 years old can immigrate together. If certain conditions are met stepchildren may qualify to immigrate along with you if they so desire. Unfortunately under the EB5 Green Card program restrictions, parents cannot immigrate with you.

 

How long does the EB5 Green Card application process usually take?

Usually an application for an EB5 Green Card takes less than one year to be approved.
Once the I–526 EB5 Green Card petition has been approved it is then forwarded either to the local USCIS or to the overseas consulate for further processing and for final EB5 Green Card visa issuance and approval of conditional residency.

It usually takes six to nine months for the processing of the EB5 Green Card I–526 petition at the Florida processing center.

Usually it takes three months for the consulate interview and the processing at the national visa center in Washington DC.  Thus the total processing time for you to receive your entry permit to collect your EB5 Green Card is approximately 9-12 months.

 

What are the most common reasons for my EB5 Green Card to be rejected?

In most cases the most common reason for rejecting and EB5 Green Card visa application is the fact that the person applying for the EB5 Green Card has failed to demonstrate that he or she has either legally earned the investment capital or has been properly gifted the investment capital required under the EB5 Green Card application requirements.

 

What types of EB5 Green Card projects allow me to invest US $500,000 instead of having to invest US $1 million?

If the EB5 Green Card project is in either a Targeted Employment Area or a rural area, then you are only required to invest US $500,000. 

For the EB5 Green Card targeted area to be considered a rural area, it cannot be within a Metropolitan statistical area as is defined by the Office of Management and Budget or within the outer boundary of any town our city having a population of 20,000 or more. 
The definition of an EB5 Green Card Targeted Employment Area is that for that TEA area, at the time of the EB5 Green Card investment, the TEA area is either defined as a rural area as described above, or it is an area that has experienced unemployment of at least 150% of the national average rate. 

It is important to note that a regional center EB5 Green Card project is not defined by the amount of the investment that is required to be invested to receive it EB5 Green Card, but instead it is defined by the way that the EB5 Green Card requisite jobs can be created. 

 

If I receive an EB5 Green Card. How long is it valid for?

When you apply for and receive an EB5 Green Card, you as the investor, as well as your spouse and dependents will receive a conditional two-year EB5 Green Card. 

It is important for you to realize that before the expiration of the two-year period that a petition must be submitted to the USCIS to confirm that your EB5 Green Card investment has been made, and that 10 indirect jobs and / or direct jobs have been created as a direct result of your EB5 Green Card investment. 

If your EB5 Green Card investment is in a non-regional center then all of the jobs are required to be direct jobs only. 

 

If I am an Iranian National can I obtain an EB5 Green Card?

Yes you may apply for an EB5 Green Card, but it is important for you to realize that certain banks in Iran are on a list of the United States government as being “prohibited banks” for an EB5 Green Card investment.  You should check the list of United States government prohibited banks and if you find that your bank is not on that list then you need to apply via the US government agency for an EB5 Green Card OFAC license clearance. 

 

How many EB5 Green Card immigrant visas are available for regional center cases per year? 

There are 10,000 yearly immigrant visas including EB5 Green Card immigrant visas and for EB5 Green Card dependent family member visas available every year. 
There are 3,000 EB5 Green Card visas set aside for applicants who will invest in the regional center cases and 3,000 EB5 Green Card visas set aside for TEA cases.  

 

What exactly is an EB5 Green Card regional center? 

An EB5 Green Card regional center is an agency, organization, or entity that within the United States of America focuses on a specific geographic area for the purpose of promoting economic growth within that area. 

It is the job of an EB5 Green Card regional center to work to create new jobs, to improved regional productivity, to increased domestic capital investment, and to increased exports sales within the region that the EB5 Green Card regional center operates. 

The United States Citizenship and Immigration Services designates who are legally authorized regional centers. The Florida Equity and Growth Fund Regional Center is comprised of 23 counties in the state of Florida. 

 

How can I know if a particular immigration attorney is really experienced in EB5 Green Card law? 

If you are truly dealing with an experienced EB5 Green Card attorney they should be able to give you answers on EB5 Green Card law very succinctly and very quickly, especially where the EB5 Green Card law is not clear. 

For this reason, if you are seeking to obtain a EB5 Green Card, we cannot recommend strongly enough the importance that you personally talk with your potential immigration attorney and thoroughly consult with him or her before you retain them to process your EB5 Green Card application. 

It is also important to determine if the immigration attorney that you are considering for your EB5 Green Card application process has had experience not only with I–526 approvals, but also has a solid track record in I–829 approvals.

 

If I only have my conditional EB5 Green Card status and I abandon my EB5 Green Card application process, or if I have my conditiona EB5 Green Card taken away from me then what happens to my dependent family members under the EB5 Green Card program? 

If you have your conditional EB5 Green Card taken away from you or you choose to voluntarily abandon your EB5 Green Card and you are the main applicant and the principal investor in the EB5 Green Card application, and this happens during the first 24 month period, then unfortunately your spouse and dependents will be deemed to have lost their conditional EB5 Green Card status as well. 

If on the other hand, you are no longer under a conditional EB5 Green Card status (i.e. after the 24th month), then if one or more family members were to lose their permanent EB5 Green Card for whatever reason, it does not affect the other family members permanent EB5 Green Card status. 

 

Is Florida Equity and Growth Fund Regional Center LLC’s escrow system trustworthy? 

Yes it is. Florida Equity and Growth Fund Regional Center LLC has signed a master escrow agreement with Suntrust Bank for their EB5 Green Card processing.  We regard this as extremely important to make sure that the EB5 Green Card investors escrowed funds are only released pursuant to the conditions and the agreed-upon terms in the EB5 Green Card escrow agreements and in full compliance with EB5 Green Card law and the full advance consent of the EB5 Green Card investor before any funds are removed from the escrow system. 

 

How many jobs created from a project may be allocated to an EB5 Green Card investor?

All jobs created from a project may be allocated to an EB5 Green Card investor if the EB5 Green Card investor make up a minority position of all of the investors in a particular project (that is, the combined number of the non-EB5 Green Card investors along with the EB5 Green Card investors).

In theory, even if only one person is an EB5 Green Card investor out of 100 investors, all of the jobs created for this project can still be allocated to this single EB5 Green Card project in which case a single EB5 Green Card investor could actually be credited with creating 500 EB5 Green Card jobs, or even more. 

Thus if there is only one EB5 Green Card investor in the project, and if that project creates 500 jobs, then all of the 500 jobs could be allocated for the single EB5 Green Card investor for his orher I–829 petition. 

 

As an EB5 Green Card investment applicant do I have to have a certain education level or a certain business or managerial work experience to be able to apply for an EB5 Green Card? 

A United States EB5 Green Card investor applicant is not required to have any prior business experience which is unlike the Canadian investor immigrant program. Furthermore the EB5 Green Card investor is not required to have any minimum level of education to qualify for an EB5 Green Card. 

The only requirements that an EB5 Green Card investor must comply with is to prove, through proper documentation, that he or she has the required net worth and the capital required for an EB5 Green Card application and also that the funds that they have available are legal under EB5 Green Card guidelines.

 

What's Next?

Please contact us today for a no obligation, no cost consultation to find out more about securing and applying for your EB-5 Visa.

 

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