The writer needs to be intimately familiar with EB-5 requirements, while understanding the importance of developing a business plan that can actually be implemented and defended. The more detailed the plan, the better the opportunity for the reviewer to assess the potential success of the business, which will translate to a higher likelihood of approval. A truly credible business plan contains detailed and verifiable information about the new enterprise that will be supported by the EB-5 investment.
On Dec 18 by H. Traditionally, the choice has been an investor investing in his own business, which requires producing 10 direct and full-time jobs for U.
Regional center investments have been of more interest to developers and businesses because far more investment capital can be raised based upon the increased employment numbers that come from indirect and induced jobs.
Investors, too, and their agents, have preferred regional center investments because of the aura of government approval of a regional center and, in some cases, USCIS approval of an exemplar I petition for the project. For the project developer and the business, it has become far more difficult to create a new regional center and even then only at great expense and great delay.
If a regional center already exists, the timing to amend the regional center to add industry codes or geography may be unrealistic. The alternative always exists of having a business or project sponsored by an existing regional center, but that action comes at a cost that may be prohibitive and potentially a loss of control of at least some aspect of the project.
The net result is that regional center projects have lost some of their luster.
As a result, we now regularly factor into our advice to project developers and businesses seeking capital the option of the pooled investor direct EB And, in our discussions with agents, we now see more willingness to consider the direct EB-5 option.
Obviously, the option only exists to the extent that direct W-2 jobs will be created through the investment. If so, the direct EB-5 option allows the business or developer to market the project to investors virtually immediately without having to obtain any USCIS preapproval.
Another advantage is the elimination of the need for an economic report to project indirect and induced jobs. However, the need for a comprehensive business plan to present direct job creation projection in a credible manner is still critical.
Unlike with the regional center loan model, the investor must be an equity investor in the job-creating enterprise. This could be common shares or preferred equity. Another issue is the need for an investor to be something other than a purely passive investor.
This legal obligation is met in the regional center context by granting the investor all of the rights and responsibilities of a limited partner under the Uniform Limited Partnership Act.
In the context of a direct EB-5 investment, if the investor is not going to be employed by the investment enterprise, at the very least the investor should be placed in an advisory capacity similar to the capacity he would have as a limited partner.
One of the attractions of the direct EB-5 is the elimination of the plethora of issues that have arisen recently in the adjudication of regional center applications and regional center project adjudications.
Tenant occupancy jobs, guest expenditure jobs, NAICS codes, bridge financing…these are just some of the issues involved in regional center project adjudications that do not have to be surmounted with a direct EB However, while there may be fewer issues, the I condition removal process may be more problematic.
Whereas there may be no need to count actual workers in regional center I adjudications, there is a need to do so with direct EB-5 adjudications. This means that the business or developer must document, through W-2 forms, I-9 forms and quarterly tax returns, the actual number of employees.
In addition, unlike with indirect and induced jobs, there is a need to prove that each employee is a U. This requires obtaining documentation not normally obtained in the I-9 process, which could put the commercial enterprise at risk of a national origin or citizenship discrimination charge if not handled properly.
In a number of our client representations, we have recently advised of the benefits of a hybrid solution. Of course, all of this may change if USCIS actually successfully implements its proposed new EB-5 office in Washington, DC and, in fact, adjudicates regional center applications in the targeted 90 to day time period.Professional EB5 Direct Investment Visa Business Plans, we are Experts in Immigration Business Plans for Business Visas, L1 visa, E2 visa, EB5 visa.
When the business plan is ready, we will email it to you once we have received our second payment. 5) . Direct Investment Cases. e-Council Inc.’s specialized EB-5 Business Plan services include: 1.
Transitional Business Plan – for those seeking to revise their existing Business Plans to comply with EB-5 requirements.
2. Fundamentals BP – all the basic EB-5 Business Plan requirements needed for approval without the bells and whistles. 3. Congress created the EB-5 Program in to stimulate the U.S. economy through job creation and capital investment by foreign investors.
In , Congress created the Immigrant Investor Program, also known as the Regional Center Program. EB5 Business Plan – The Crucial Component Of Your Immigration Visa. EB5 business plan organization is an integral part of the visa application process for investors wishing to move to the USA.
EB5 visas are the main way for non-US Nationals, looking to invest in the United States, to obtain a green card and permanent residence status in the USA. This and any other use of EB-5 funds must be detailed in the business plan for a project.
On the other hand, an EB-5 candidate cannot simply buy real estate in the United States to qualify for the program. BUSINESS PLAN ABC INC. OFFICE BUILDING 1 Executive Summary 3 2 Project Overview/Ownership Structure 6 (The “Company”), which in turn is owned by a group of 12 EB- 5 Investors (Limited Partners) and a To- be- Formed Limited Liability Company (the “General Foreign Direct Investment .