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EB-5 Investment Visa Requirements
Question: I will invest $1,000,000 of foreign investment for the EB-5 Investment Visa. I am not sure if I have invested correctly for the EB-5 Investor Visa needs. Can you help me? What is authorized under current immigration laws? Answer: the rules define ‘investment’ to mean contribution of capital. The EB-5 Investment Visa establishes a debt financing agreement between you and the new business concern in which the alien acts only as a creditor and does not constitute an equity contribution. As a result, you cannot determine the necessary capital investment if the ‘investment’ is in the form of a loan to the company. For example, a capital contribution in exchange for a note, bond, convertible debenture, debenture or other debt arrangement between you and the business enterprise is not a qualified investment. The guidelines define capital to include: (a) cash; (ii) cash equivalents (such as certificates of deposit, treasury bonds or other instruments readily convertible to cash); (3) equipment; (4) inventory; (five) other real estate; and ( 6 ) debt secured by assets owned by the foreigner, e.g. an obligation made by you and payable to the business corporation (provided that you are immediately and personally liable and the assets of the EB-5 Investment Visa co. are not used to secure the debt). To determine whether the official minimum level of capital has been invested, the capital contributed to the new corporation must be valued at the fair value in US dollars.
Q: Are there other requirements other than showing that you have invested the money for the EB-5 Investment Visa? Answer: Yes. You can also determine that the required amount of capital is put at risk to the point of generating a return on that capital. A simple intention to invest, or potential investment agreements that do not involve any actual commitment will not be enough to prove that you are actively in the investment procedure. A real commitment of the required amount of capital is needed such as: (a) depositing money in the company’s business accounts; (2) purchase assets for use in the US Corporation; (3) transfer of assets abroad for use by the commercial corporation; (four) transfer of money to the commercial enterprise in exchange for shares; and (five) a loan, mortgage agreement, promissory note, security agreement, or other evidence of the investor’s borrowing, which is secured by your assets, other than those of the new business enterprise, and for which you are personally liable. The investment visa will eventually be able to get you, your spouse and unmarried children a green card. The EB-5 Investment Visa is one of the best ways to obtain residency in the U.S. Is a loan taken by a company, secured by the company’s assets, not a capital investment? As described by the rules. In addition, your personal guarantee for business debt does not transform such debt into personal debt. If the company’s assets secure the debt, a creditor has the right to proceed against the company and take ownership of the company’s assets in the event of default, even if you personally guarantee the loan. Therefore, your capital is not personally ‘at risk’ under such an arrangement. However, if done right, this is a great way to get your green card. you cannot receive secured payments from a new business corporation if you owe money to the enterprise for the EB-5 Investor Visa.
An agreement under which a new commercial corporation guarantees an annual return on capital, regardless of whether the business is making a profit, is effectively identical to a bond or other debt agreement in which the company promises to make loan payments on capital provided. . that of you (while you may suffer a loss of loaned funds in the event the business fails, the risk incurred by you in such cases is no different from that of a bondholder or any other business creditor). Similarly, a promissory note with a large final payment combined with the option to sell your interest in the business at a fixed price and guaranteed returns on your cash outlay fails to meet the “at risk” component of the regulation to the same reasons. . therefore, it is important to ensure that the investment is appropriate and at risk. The EB-5 Investment Visa has some strict requirements, but if they are properly documented, then you should be able to get an EB-5 Investment Visa for you and your family.
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