EB-5 Direct Investment

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EB-5 Direct Investment

A Guide to EB-5 Visa Direct Investment

What is EB-5 Direct Investment?

A Direct EB-5 Investment is an investment into a new or expanding business and under USCIS rules that needs to create 10 full-time jobs.

It’s for non Americans, who seek to invest directly into an actual, real, operating business.

The investment amount currently is  $500,000 in TEA (targeted employment)

The investors can be a silent or passive investor but they need to make sure the 10 full time American jobs have been created in order to qualify for the conditional green card to be removed so they can apply for a permanent green card.

EB-5 Direct is quite new to investors as they have traditionally been looking at investing in EB-5 for a green card via Regional Centre.

Investors have very limited projects as the main application for EB-5 visa category for a green card has been via investment in EB-5 regional Center program, 

What are your options and what to look for in EB-5 Direct project ?

With years of experience in EB-5  direct or non direct BLS Global provides a personalized service to each and every client. 

  • Is it compliant to USCIS?
  • History of the sponsor? 
  • Is the project in a Targeted Employment Area?
  • What is the trading history and is the project making profit?
  • What will be my share of the business at $500,000?
  • How and when do I get my money back?
  • What are the annual returns? (We have projects that at 12% to 15%)
  • Timeline?
  • Exit Strategy?
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How the process works

Prepare documents and submit an application

Connect with an EB-5 expert that has a track record on EB-5 Direct.

Application gets processed

Once you submit your application, government authorities undertake due diligence and now its depends on the outcome it's either approved or refused If you are successful, go to the next step.

Get your Conditional GreenCard

You will attend an interview to the nearest consulate and all documentations are filled to show that your adding value to the economy via EB-5 Direct investment

Full Investment

You make the remaining investment either direct or into the EB-5 direct project escrow account

An EB-5 investment is considered “at risk” if the capital is actually and fully invested, with a risk of loss and a chance for gain, and fully deployed in an active job-creating entity. An I-526 EB-5 petition must be accompanied by evidence that the petitioner has placed the required amount of capital at risk for the purpose of generating a return on the capital. Evidence of mere intent to invest or of prospective investment arrangements with no present commitment will not be sufficient.

Direct EB-5 investments projects are not pre-approved by USCIS.  The direct investment EB-5 project is reviewed by USCIS in the I-526 filing.  There is no process for pre-approval of direct investment projects.

Direct EB-5 projects do not involve Form I-924 filings.  I-924 are not applicable in EB-5 direct investments.  

 Since the USCIS does not pre-approve direct EB-5 investment projects, Notices of Intent to Terminate the direct EB-5 project are not issued.  The USCIS may issue a Request for Evidence for the Form I-526 and ask additional information about the EB-5 project. 

Speaking from experience, EB-5 Direct has resulted in over 95% approval rate for I-526 and 100% I-829

The USCIS does not issue exemplar approvals for direct investment EB-5 projects.

Most direct investment EB-5 projects do not use escrow accounts.  The investment capital is deposited directly into the project when the investors signs up

No, the investor will remain an equity owner of 50% interest until their capital can be returned but in the meantime the investor will share the annual profit.

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