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Attorney_23

EB5 Immigrant Investor Program

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This week, Murthy Law Firm attorneys will answer questions regarding the EB5 immigrant investor program.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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1. How long does the process take from start to finish for someone who has good documentation of source of funds if one chooses the Regional center route? 

2. What is the usual duration of regional center projects that are structured as unsecured loans? What is the rate of interest for such loans? 

3. What happens if one begins the process of eb5 and the Congress does not extend the eb5 program? 

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14 hours ago, quantumquark said:

1. How long does the process take from start to finish for someone who has good documentation of source of funds if one chooses the Regional center route? 

2. What is the usual duration of regional center projects that are structured as unsecured loans? What is the rate of interest for such loans? 

3. What happens if one begins the process of eb5 and the Congress does not extend the eb5 program? 

1. If the applicant is in the U.S. in H1B or L-1 status, it would likely take about 18 months from the point of initiating the case to the point of being able to file the I-485 (along with EAD and AP applications.) If the person is filing for consular processing, it would take a bit longer because of the time it takes to get the appointment at the local consulate.

2. The projects can last a number of years (varies from one project to the next.) But, I suspect you're really more interested in how long it will take to be able to get your principal investment out of the project. That typically would be about 6 years. (Obviously, there is no way to guarantee that the principal will be returned as, if any guarantee is made, it would not qualify as an EB5 investment. But, the regional centers you would be directed to typically have a very long track record or returning the full principal for 100% of investors.  Still, as they say, past performance is not a guarantee of future success.)

As for the rate of interest, it typically is extremely low. I believe the going rate is less than 1%. I have never had a client invest in a regional center with the expectations of turning a profit. The goal is generally to (a) have the highest chance of getting the green card approved; and (b) the highest chance of getting the full principal returned. So, this is typically the focus of finding a regional center project.

3. The EB5 program is permanent, but the regional center program is not. Instead, it's been a 'temporary' program that has been extended over and over again since its inception in 1990. The current program is scheduled to expire in April 2017, and the expectation is that it will be extended before then. But, if that does not happen, this would be an enormous problem. No new EB5 green cards could be issued under the regional center program, even for people who had filed prior to the expiration date. This would NOT impact one's ability to get the money invested back. But, the immigrant petition would have to be denied.

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How does a potential investor identify a regional center program to invest in?

Does the law firm representing the client help identify the program?

I am currently in the US on an EB2 track (PD 2010). I am keen to explore the EB5 option since its expected that the uncertainty and waiting times may grow further (??) for EB based GC's. 

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On 1/5/2017 at 0:34 PM, chicagoan1982 said:

How does a potential investor identify a regional center program to invest in?

Does the law firm representing the client help identify the program?

I am currently in the US on an EB2 track (PD 2010). I am keen to explore the EB5 option since its expected that the uncertainty and waiting times may grow further (??) for EB based GC's. 

As part of our services, we would have a person licensed by the U.S. Securities and Exchange Commission (SEC) assist you with selecting a regional center project. His company conducts extensive due diligence on dozens of projects and then provides you with an analysis of the best 4 or 5 projects to review.

If you’re interested in pursuing an EB5 case with the Murthy Law Firm, you may contact one of our EB5 attorneys at EB5@murthy.com

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I am a dentist working in the US on a H1 B for the past 7 years...PD for I 140 September 2010 ...if I start a dental practice in a rural area...will I be eligible to apply for the EB5 program...Thanks 

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On 1/17/2017 at 4:16 PM, denteye said:

I am a dentist working in the US on a H1 B for the past 7 years...PD for I 140 September 2010 ...if I start a dental practice in a rural area...will I be eligible to apply for the EB5 program...Thanks 

Sure, any type of business can be used for EB5 purposes, so long as it meets the standard EB5 requirements (e.g., invest at least $500,000 in the business, hire at least 10 full time U.S. workers).

If you'd like to discuss this further, you may reach me at EB5@murthy.com. 

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