How to Qualify to be an Investor
Personal Documents, in general, Needed for an EB-5 Petition
In addition to financial documents, the foreign investor must provide the following documentation:
● Legible copies of passports (including blank pages). Passports must be valid for at least 6 months from the date the visa is expected to be issued. This requirement applies to the foreign investor’s spouse and children (under the age of 21 at the time of application) filing for a green card through this program.
● Investor’s Resume (Curriculum Vitae) which should include personal and contact information, educational background, professional experience, and employment history (please include name of supervisor and company’s address and phone number).
● Investor’s personal narrative in their own words describing how they obtained the funds.
● Copies of academic diplomas.
● Articles of organization (if owner of a company).
For Green Card or Immigrant Visa Processing (Not needed for initial phase):
● Certified copies of birth certificates, copies of marriage certificates, and/or divorce decrees and death certificates, if applicable.
● Certified copy of any military record should be submitted.
● Certified copy of police record from the city where the applicant has resided for at least 6 months since turning 16. These records may include but not limited to information on former arrests, crimes, court, regardless of amnesty, pardon, or other clemency.
NOTE:There may be additional documentation requested prior to filing depending on an individual case-by-case basis, and as required by any change to USCIS or U.S. Department of State policies and regulations.
To qualify as an investor for some projects, under U.S. Securities Law you need to be an “accredited investors,” as defined by various security laws that describe which investors are permitted to invest in certain types of high risk investments, limited partnerships, and more. In the U.S. an individual is considered to be an “accredited investor” if he or she has a net worth of at least $1 million or has made at least $200,000 each year for the last 2 years ($300,000 with spouse if married).
Additional documentation will be provided to you by your EB-5 project upon its receipt of your signed consent form and later when you escrow your funds to the project. HarrisLaw, P.A., will assist you to communicate on your behalf with your selected project in order to request its qualifying information.
Requirements for Conditional Residents
Once your petition is approved, Immigrant Investors may obtain resident status for 2 years as a provisional or conditional resident by filing a separate Application for Permanent Residence if they are residing within the United States. Immigrant investors who are outside of the U.S. will need to apply for a permanent immigrant visa at a U.S. Consular Section. When you are admitted as a U.S. lawful permanent resident, you will be required to seek full permanent residence prior to the end of the 2-Year period. This will require that a second petition is filed during the 90 day period before the 2nd anniversary of your admission to the United States as a conditional resident.
In cases of investments made through a Regional Center project, the Regional Center will be responsible for providing you and your family with the documentation necessary to file the petition to remove the conditions on your green card. This is another important difference, or benefit, in choosing a Regional Center investment or another privately-managed pooled investment structure. If you create your own business, as the owner you will be tasked with the burden of collecting payroll records.
In order to achieve full permanent residence, an EB-5 investor is required to have maintained the investment by not withdrawing the funds. Most important is continuing the objectives of the proposed business plan submitted to USCIS. Most business plans require financial and job creation forecasts based on the type of business structure that you, the Immigrant Investor, initially invested in.