Immigrant Investor Visa Checklist

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Immigrant Investor Visa Checklist

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Rock Hill Regional Center EB-5 Petition Questionnaire

Biographical Information

  • Family name
  • Given name
  • Middle name
  • Full U.S.address
  • Foreign address
  • Date of birth
  • Country of birth
  • Social security number (if any)
  • A# (if any)
  • If you are in the U.S.
  • Date of arrival
  • I-94 card #
  • Current nonimmigrant status
  • Date status expires
  • Daytime Phone # with area code
  • Highest level of education completed

Source of Investment Funds

(If investment funds are from a business owned by the investor)

  • Full legal name of business from which funds are to be derived
  • Street address
  • Phone # with area code
  • Business organized as (corporation, partnership, etc.)
  • Kind of business (ex: furniture manufacturer)
  • Date established (mm/dd/yy)
  • Number of employees
  • Date of initial investment
  • Amount of initial investment: in your enterprise
  • Total capital investment to date from the entity where the investment derives
  • Percentage of the enterprise you own
  • Brief description of your duties, activities, responsibilities and history of the enterprise

((Attach separate sheet if more space is needed)

  • Salary
  • Cost of your benefits
  • If you are not the sole investor, list the name of all other parties (individuals and corporations) who hold a percentage share of ownership and indicate whether any of these parties is seeking EB-5 classification. Include name, percentage ownership. Attach separate sheet if more space is needed)
  • Composition of investment: to be made into the Regional Center. Provide all as applicable in USD amounts. Investment must be made from individual account. (Attach separate sheet if more space is needed)
  • Cash on hand in bank account
  • Cash on hand in brokerage Account
  • Sale of an asset
  • Distribution
  • Inheritance
  • Gift
  • Other

Income and Net Worth

  • Income when you made the investment into the Regional Center
  • Gross
  • Net
  • Net worth when you made the investment into the Regional Center
  • Upon approval of EB-5 petition
  • Will you adjust status to permanent residence in the U.S. or will you apply for an immigrant visa at a U.S. consular post?

Issues of Inadmissibility

  • Have you ever been placed in removal proceedings?
  • Have you ever worked in the U.S. without permission?
  • Have you ever been arrested and/or convicted of a crime?

 

Please return completed Questionnaire with:

  • Foreign business registration records (if your investment funds derives from income from a company you own)
  • Personal tax returns filed within the last 5 years in or outside the U.S.
  • Business tax returns filed within the last 5 years
  • Other sources of capital (ex: investment portfolio statements)
  • Certified copies of any judgment against the investor from any court within the past 15 years, if applicable:
    • Full copy of passport for yourself and all non-U.S. dependents
    • Birth certificates for yourself and all non-U.S. dependents
    • If in the U.S. – for yourself and all non-U.S. dependents:
    • I-94 card
    • Visa
    • Social security card, U.S. driver’s license
  1. Under Investment Process this Tab needs to be the last one added:

Tab Name: - (Content below)

 

EB-5 Green Card Program

The EB-5 Green Card Program, created by the United States Congress, has two primary purposes: first, to create jobs to enhance the U.S. economy and, second, to allow qualified foreign investors to become lawful permanent U.S. residents. Under the EB-5 Green Card Program, the foreign investor as well as his/her family will be allowed to work in the United States. The program is open to all individuals from varied backgrounds who are seeking to improve their quality of life, to retire in the United States or to have their children attend U.S. colleges or universities. Three thousand green cards are reserved, annually, for those willing to invest either $500,000 (or $1 million if outside a Targeted Employment Area) resulting in creation of the requisite permanent jobs.

1. Are there special requirements to obtain a Green Card?

The applicant must be an accredited investor with the requisite net worth and capital in accordance with USCIS regulations. An accredited investor has a net worth or joint net worth, together with his/her spouse, in excess of $1,000,000, excluding assets such as homes, furnishings, and automobiles. Alternatively, an accredited investor has an annual adjusted gross income in excess of $200,000 during the last two full calendar years (or joint income together with his/her spouse in excess of $300,000) and reasonably expects to have annual income in excess of $200,000 (or joint income together with his/her spouse in excess of $300,000) during the current calendar year. Additionally, the investor must demonstrate that his/her assets were lawfully acquired through a legitimate business, salary/compensation, documented investment, property sale, gift, inheritance, loan or other legal means.

2. Are there other minimum requirements?

The applicant must also have the proper vaccinations and no identified communicable diseases. Furthermore, the applicant can apply for an EB-5 Visa if they have been previously rejected or terminated by USCIS for other visas unless the rejection was predicated on immigration fraud or other legal problems. The applicant is neither required to speak English nor to have a sponsor.

I-526 PETITION - THE 1st STEP IN LAWFUL PERMANENT RESIDENCE

1. What is the length of the processing time for receipt of the Conditional Green Card?

After submission of the I-526 Petition, the approximate time for a foreign investor to pass the U.S. Consular interview and to receive his/her Conditional Green Card is approximately three to six months.

2. What documents and information are required for the I-526 Petition?

The applicant must submit passports, employment and business documents, family and police certificates, court/prison records (if any), military records, photographs, financial statements, and all requisite documents proving that the funds came from a legitimate source such as bank statements, stock certificates, loan or mortgage recordings.

CONDITIONAL GREEN CARDS

A Conditional Green Card is a temporary Green Card that remains in effect for two years. Once the USCIS approves the foreign investor's I-526 Petition, the investor, his/her spouse and any unmarried children under the age of 21 can also receive conditional Green Cards. After one year and 9 months later, the investor has a three month window to file the I-829 application. This application verifies that all requisite funds have been invested and the required 10 jobs have been created either directly or indirectly.

1. What benefits are offered by a Green Card?

After five years from receiving a temporary Green Card, the successful applicant is eligible for U.S. Citizenship. With an approved Green Card, the applicant may live, work or retire in the United States. He or she may also work in or visit other countries just as long as a U.S. residence is maintained. Green cards can be sponsored for relatives, and no work permit is necessary for employment in this country. Travel to and from other countries can be done without a visa. Children of approved applicants can continue to study in the U.S. with school costs similar to those of U.S. residents.

2. How does a successful applicant maintain their Green Card?

There are two conditions which must be met to maintain the Green Card. The first is that the applicant not become removable or inadmissible; for example, being convicted of a serious crime. The second condition is that the applicant not abandon the United States as his/her permanent residence. Generally, the USCIS considers an absence of longer than one year possible abandonment of a U.S. residency.

 

PERMANENT GREEN CARDS & U.S. CITIZENSHIP

1. What is the Permanent Green Card timeline?

The Conditional Green Card expires two years from the date of issue. The foreign investor will have to submit their I-829 Petition within three months before the Conditional Green Card expires. After USCIS approves the I-829 Petition, the foreign investor, spouse and any unmarried children under the age of 21 will receive their Permanent Green Cards. The investor and his family can get Permanent Green Cards in approximately two years.

2. What is the timeline for U.S. Citizenship?

The successful applicant and his/her family will be eligible for U.S. Citizenship after five years of receiving the Conditional Green Card.