Eb 5 presentation

© 2013, Fakhoury Law Group, PC

December 18, 2013

FAKHOURY LAW GROUP

EB-5 Immigrant Investor Visa


Disclaimer_______________________________________________________

This language provides a legal disclaimer that all information contained in Fakhoury Law Groups presentation is confidential and should be treated by the reader/listener as confidential. This presentation is not intended to provide, nor does it provide, any legal advice. By viewing this presentation you understand and expressly agree that there is NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN YOU AND THE ATTORNEY WHO AUTHORED THE PRESENTATION. Should you need legal advice, please contact a licensed attorney who practices Immigration Law. Readers of this presentation and the information contained herein should not act upon any information contained on this presentation without seeking legal counsel.

The purpose of this presentation is to provide general information about Investor Visas in the USA.


About Us_______________________________________________________

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Introduction _______________________________________________________

The EB-5 (Immigrant Investor Program) was created back in 1990 in order to have foreign investors stimulate the U.S. economy through job creation and capital investment. Under this program, if the foreign national investor invests $1,000,000.00 ($500,000 if certain conditions are met) in a new commercial enterprise after November 29, 1990, the foreign national investor may receive a U.S. green card.


EB-5 Criteria_______________________________________________________

• Investment must be a new commercial enterprise: Foreign national investor does not have to establish the commercial enterprise, only has to invest in it. The enterprise must be a for-profit activity.

• Investment requirement is $1,000,000.00 or $500,000.00 if the capital is for a new commercial enterprise in a Targeted Employment Area: A TEA is a rural area with a population less than 20,000, or an area with unemployment of at least 150% of the national average.


EB-5 Criteria Continues…_______________________________________________________

• The Investment must be “At Risk”: The investment amount must have potential to be lost if the business is not successful.

• Employment Creation: The investment must create full-time employment for at least 10 U.S. workers within a 2-year period of the investment.



• Entity seeking Regional Center designation must submit a proposal demonstrating economic growth promotion: This is not a requirement but may reduce scrutiny when reviewing the investor’s green card application. A regional center is an economic entity, public or private which is involved with promoting economic growth

• The Foreign National may invest with other investors: However, if there are multiple investors, each investor who wishes to apply for a green card through the EB-5 category must meet the requirements.



• Application Procedure: The investor files a Form I-526, then may apply for an immigrant visa. If the investor is already in the U.S. in valid nonimmigrant status, the foreign national may adjust their status in the United States. The initial green card is issued for a 2 year conditional period. To remove the conditional status, the investor needs to file a Form I-829 with appropriate documents.



• Documentation evidencing the investment, new commercial enterprise, job creation, and other requirements must be filed with the Form I-526.

• Spouses and Children under 21-years-old may receive a green card with the foreign national investor.


EB-5 Regional Center Statistics_______________________________________________________

• As of November 1, 2013, USCIS has approved approximately 400 Regional Centers.

• According to the USCIS “a regional center is not merely a defined geographic area but rather is a business entity that coordinates foreign investment within that area in compliance with the EB-5 statutory, regulatory and precedent decision framework.”

• Regional centers do not hold sole jurisdictions over their geographic region


EB-5 Regional Center Statistics Continues…_______________________________________________________

A Regional Center must:• Focus on a contiguous geographical region of the United

States;• Promote economic growth through:

• Increased export sales (if any)• Improved regional productivity• Job creation, and • Increased domestic capital investment

• Demonstrate in verifiable detail how jobs will be created, either indirectly or directly.

• Commit sufficient funds to promote and oversee capital investment opportunities in the Regional Center.


EB-5 Regional Center Statistics Continues…_______________________________________________________

• Regional Centers in State of Michigan: • Detroit Immigrant Investor Regional Center• EB-5, MRC LLC• Green Detroit Regional Center, LLC• International Michigan Investments Regional Center• Lansing Economic Development Corporation (LEDC)

Regional Center• Michigan-Indiana EB-5 Regional Center• Michigan Renaissance Regional Center• Resource Regional Center Michigan, LLC• Tucker Development Corporation Regional Center


3290 West Big Beaver Road, Suite 510, Troy, MI 48084

Phone: 248-643-4900 Fax: 248-643-4907

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www.employmentimmigration.com www.investorvisas.net

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