Frequently asked questions
How can an interested investor apply for the EB-5 visa through the American Builders Regional Center?
Interested investors should start by contacting our office. We will answer your questions and provide you with all the program materials.
Who should consider the EB-5 Program?
EB-5 investors include people from all walks of life: professionals, business people, persons wanting to facilitate a child's education, and retirees. Investors who are not interested actively managing a business should consider a regional center EB-5 investment. If the investor's goal is to obtain permanent residence and not to actively manage a business, it is more convenient to utilize the Regional Center EB-5 visa.
Who may receive permanent residency?
After investing $500,000 or $1,000,000 in an approved project, the investor and his or her spouse and children under 21 are all eligible to receive EB-5 green cards, which are conditional for two years. After two years, if the approved project has been completed and is creating jobs, the investor and family are all eligible to receive permanent U.S. residency.
What is a conditional green card?
A conditional green card is temporary permanent residency valid for two years. One year and nine months after it is issued, the investor, with the assistance of their attorney must file another application with USCIS to verify that all of the funds have been invested and employment created. When the conditional resident status has been lifted, full resident status is granted and a permanent green card is issued.
What is meant by the requirement that the investor's assets be "lawfully gained"?
Under USCIS regulations, the investor must demonstrate that his assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.
Can money gifted by a parent or other relative be used for an EB-5 investment?
Yes, however a bona fide gift from a family member should be properly documented and any applicable taxes must be paid.
Is prior business experience necessary?
The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education or be able to speak English. The only requirement for the investor is that he or she has the required net worth and capital and be in generally good health.
Who receives the permanent residency?
The investor, spouse and any unmarried children under the age of 21 at the time of the I-526 petition.
Is a U.S. immigration lawyer necessary to process the EB-5 petition?
The I-526 and I-829 petition process are the responsibility of each investor and their attorney. The American Builders Regional Center can recommend attorneys familiar with the I-526 and I-829 process. While the American Builders Regional Center will provide investors with supporting documentation for their EB-5 petition, the Regional Center cannot provide legal advice. Each investor is responsible for all legal fees and costs associated with preparing and processing your EB-5 visa petition.
How much is required to invest to meet the EB-5 Program requirements?
The EB-5 Program regulations require a minimum investment of $1,000,000 and that the investor be engaged in the management of a "new commercial enterprise" that produces at least 10 new jobs. However, the investment may be as little as $500,000 if the investment in a new commercial enterprise located within a targeted employment area. The American Builders Regional Center focuses on projects within these targeted employment areas. Therefore, the investment amount of projects sponsored by the American Builders Regional Center are typically $500,000.
Are there any other fees in addition to the $500,000 investment?
There is $50,000 administration fee for the American Builders Regional Center. This fee is deposited into escrow and is payable to the American Builders Regional Center upon the filing of the I-526 petition with USCIS.
What are the obligations of the investor to participate in the investment?
The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership, which is properly structured and that conforms to the Uniform Limited Partnership Act as sufficiently engaged in the EB-5 enterprise. As a limited partner, the investor may continue to engage in his own business, live where he pleases, and enter and exit the United States without any obligation to manage the investment. Most importantly, the limited partner, like the corporate shareholder, is only liable to the enterprise to the extent of the agreed-upon investment.
What happens if the I-526 petition is denied by USCIS?
If the I-526 Petition is denied, $525,000 is refunded to the investor within 120 days of the denial. If the denial is based on insufficiency of proof of source of funds, the refund is only the $500,000 principle amount
Must the investor or their family stay in the U.S. once they receive their permanent residency?
No. As a permanent U.S. resident, the investor and their immediate family members are able to travel freely within and outside of the United States, the same as any citizen.
By this presentation, Deco Funding, LLC makes no offer or solicitation to invest in any security. Offerings will be made to only individual persons (not any legal entities) who are EB-5 qualified investors by virtue of their being “non-US persons,” in “offshore transactions,” as those phrases are defined under Regulation S of the US Securities and Exchange Commission (“SEC”), or to persons, including US residents and legal entities, who are otherwise “Accredited Investors,” as such term is defined in Regulation D, Rule 501(a) under the 1933 Securities Act.
Deco Funding, LLC does not attempt to interpret US immigration law nor provide legal advice. All prospective investors interested in pursuing additional information on the EB-5 and other US visa programs are strongly urged to seek professional advice from a qualified EB-5 attorney.]
An investment in this project may only be made in accordance with and following review of a confidential private placement memorandum. The information presented here is not meant to replace or supplement the confidential private placement memorandum. It is solely provided for the purpose of familiarizing yourself with a potential real estate project.
In the event we determine to pursue this real estate project, and in the event that we determine to offer you the opportunity to participate in such investment, you will be provided with a confidential private placement memorandum together with appropriate exhibits.