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Q: I am applying for an EB-5 investment visa with a foreign investment of $1,000,000. I’m not sure if I’ve invested correctly for the EB-5 investment visa requirements. Can you help? What is authorized under current immigration laws? Answer: The rules define contribution of capital as ‘investment’. The EB-5 investment visa defines a debt financing arrangement between you and the new commercial establishment in which the foreigner is acting only as a creditor who does not contribute capital. As a result, you cannot determine the required investment of capital if the company is ‘invested’ in the form of debt. As an example, a contribution of capital in exchange for a note, bond, convertible loan, fee, or any other debt arrangement between you and the commercial enterprise is not a qualifying investment. The Guidelines define capital to include: (a) cash; (ii) money equivalents (such as certificates of deposit, Treasury bonds, or other instruments that can be easily converted into money); (3) equipment; (4) list; (v) other real property; and (6) loans secured by foreign-owned property, for example, a promissory note made by you and payable to the commercial corporation (provided that you are immediately and personally liable and the property of the EB-5 investment visa company. not used to secure the loan). In determining whether the official minimum level of capital has been invested, the capital contributed to the new corporation must be appraised at its fair value in US dollars.
Q: Are there any requirements for an EB-5 investment visa other than showing that you have invested the money? Answer: Yes. You can also establish that the necessary amount of capital has been put at risk to the point of generating a return on that capital. Mere intent to invest, or a potential investment agreement with no current commitment, will not be sufficient to establish that you are actively in the process of investing. Actual commitment of the required amount of capital is required such as: (a) depositing money in the trading accounts of the enterprise; (ii) the purchase of assets for use in the US corporation; (iii) the transfer of assets from abroad for use by the commercial corporation; (iv) the transfer of money to the commercial enterprise in exchange for shares of stock; and (v) a loan, mortgage agreement, promissory note, security agreement, or other evidence of an investor’s borrowing that is secured by your assets, other than the new commercial venture, and for which you are personally responsible. Investment visas will eventually enable you, your spouse and unmarried children to get green cards. EB-5 Investment Visa One of the best ways to obtain residency in the US is a loan secured by a company’s assets, not an investment of capital? as prescribed by the rules. Also, your personal guarantee on a business loan does not convert such loan into a personal loan. If the assets of the enterprise are securing the loan, a creditor has the right to proceed against the company and take ownership of the assets of the enterprise, even if you personally guarantee the loan. Therefore, your capital is not personally ‘at risk’ under such an arrangement. green card, You cannot receive guaranteed payment from a new commercial corporation if you loan money to the enterprise for an EB-5 investment visa.
An agreement whereby a new commercial corporation guarantees an annual return on capital, regardless of whether the business is making a profit, is, in effect, similar to a bond or other debt arrangement in which the company promises to pay loan payments on the capital. . This is done by you (while the money lent to you may be lost in the event of a business failure, the risk you face in such cases is no different from the risk faced by a bondholder or any other business creditor). Similarly, a promissory note with a large final balloon payment, with an option to sell your interest in the business at a fixed price and a guaranteed return on the outlay of your money may satisfy the ‘at risk’ component in the regulations for similar reasons. fails. , Thus, it is important to be certain that the investment is appropriate and the risk involved. The EB-5 investment visa has some stringent requirements, but if they are properly documented, you will be able to obtain an EB-5 investment visa for you and your family.
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