Everything you need to know about EB-5 USA business visa

The EB-5 USA business visa program is renowned around the world as one of the top investment programs available. Under this program, foreign investors who meet certain criteria and invest in a new business can obtain a U.S. green card. The program mandates that investors deposit at least one U.S. dollarof $800,000 invested in a new marketing project in the targeted facility. However, if the project is located in a labor-intensive area, the required investment is in the U.S. dollar rangeof $1.8 million.

Why should you choose USA EB-5 Visa in 2024?

• No Need for IELTS
• No definite education is required
• HIGH Return On Investment
• Green Card for the entire family
• Freedom of movement, higher Global Mobility
• Opportunity to do work or business in the USA
• Access to social benefits
• Even if the project fails, your residency remains intact

What exactly am I investing my money in?

The Investors need to make a Capital Contribution tothe commercial project under a USA business visa from India:

• A one-time investment of USD 800,000 investment with a separate bank account
• This bank account is managed by a 3rd party independent Fund Administratorwhospecializes in providing comprehensive fund administration services.
• When the project formally requests a drawdown of the EB-5 funds, the Fund Administrator will release the requested amount of funds per the terms and conditions.
• The commercial entity is the borrower of the funds from the project and agrees to the Project Loan Agreement and Promissory Note commitments.

How do I get a return on my investment for a USA EB-5 Visa?

Once you make a capital contribution of USD $800,000.00, theinvestor has multiple options to monetize the commercial project and get the return on the capital for USA EB5 Green Card:

• Refinancing via Government Sponsored Enterprises – These enterprises helpother facilities get affordable loans, allowinginvestorsto refinance the project at affordable rates.
• Selling the Project – Investors can choose to sell the project instead of refinancing. And, due to the rising demand for commercial entities and projects, investors can receive multifold returns on investment.
• Increase in Operational Revenue – By increasing the rental rates, improving efficiency, expanding the site, or partnering with other locations in theproject, investors can generate more revenue.

The capital investment to the commercial entity is given as a loan for a 5-year term, which can be extendedfor three years. The commercial entity will use the money to complete the project under the USA business visa as soon as possible. Until the money is paid back to the Investors, the entity cannot receive their equity or profits from the project. After the project is completed, the entity will pay back the loan with interest and receive profits and a return of their equity.

Can I move to the United States after filing my EB-5 Petition?

Investors need a Concurrent Filing Process to file an I-526E petition and an I-485 application for adjustmentof status simultaneously under EB-5 Visa. It will also allow the applicants to remain in the USA while their EB-5 petition is being processed.However, the Concurrent Filing Process is only available for individuals who are already living in the United States or have a pre-existing visa for staying in the country.

If you are in the U.S. on a non-immigrant visa such as B1/B2, you must wait for a minimum of 90 days after your entry before filing for adjustment of status. On the other hand, if you are in the U.S. on an E-2 or F-1 visa, you can file for adjustment of status concurrently with your I-526E petition without waiting.

What happens if the commercial project fails?

At the outset of the project failure under a USA business visa from India, it is crucial to emphasize that the EB-5 investors’ interests are well-protected by the project’s structuralsafeguards. One of the primary safeguards are:

• EB-5 investors hold the first mortgage position, which means that the investment is secured by a priority lien on project assets, providingsubstantial protection for the capital.
• For EB-5 investors to be impacted financially, the project would have to experience a significant decrease in value, exceeding a threshold of over 35%.
• Even if the project’s valuation falls short of expectations, reassuring investors that the EB-5 requirements would still be satisfied is essential.

Apply for a USA EB5 Green Card;Abhinav will help you find the appropriate commercial entity, file your application, help you move to the USA with your family and file a permanent residency application. For more information, connect with our business visa experts at 8595338595 or email us at [email protected]