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Providing Documentation- What EB-5 Investors Should Know?

by Faisal Sheikh

You are eligible for permanent residency as a foreign national if you meet the minimum EB-5 investment amount and visa conditions. Without working for a sponsor company, this visa allows you to live and work anywhere in the United States. To become an EB-5 investor, you need to file the following personal and business documents:

Forms I-526 and I-829

The application process requires you to complete Form I-526 and Form I-829 before providing other mandatory documents. You should complete Form I-526, the immigrant petition, and the main form for applying as an investor. You can access the form via the USCIS website.

Form I-829 is a document that lifts the limitations and conditions of your permanent residency. You can start processing Form I-829 three months before the 2-year temporary residency elapses.

Personal Records

Your documentation should include information about your spouse or children. Some of the documents you need to file are:

  •  Copy of your passport and that of your family members
  •  Form I-94
  •  Household registration
  •  Copy of previous immigration documentation
  •  Birth and marriage documents of you and your family
  •  Valid means of identification
  •  Court and police records
  •  Filing fee receipts for each form category

Business Registration Records

Provide documents to show that you have made the minimum investment amount of $1,050,000 or $800,000. The documents you submit will include copies of the business licenses you have.

Tax Returns

You should have tax returns or an EB-5 investment amount that dates back to five years in any state. If the tax for the previous year is higher, you will submit a 3-year tax documentation with the highest income. The individual and corporate financial statements should go through an audit before submitting the document.

Evidence of Income and Capital Sources

The type of evidence you will submit for documentation depends on your income source. Some of the eligible sources of funds are:

  • Investments: Provide documents that show a record of all the assets you own for up to three years. If there has been an increase in capital gains, include certificates and receipts to show it.
  • Divorce, Gift, or Settlement: If your source of funds is an inheritance, submit proof of inheritance. You will register the EB-5 investment amount and the sender’s proof of income for gifts. If the source of funds is from alimony, submit the official court proceeds.
  • Real Estate: You will need to submit the ownership documents for any properties held in your name. The documentation you submit should include three years of asset appraisals.
  • Business Ventures: Include an accountant’s appraisal for all the businesses you own or co-own inside or outside the U.S. The documents should contain records proving your ownership or co-ownership of the company.
  • Loans: Submit a copy of the loan document showing receipt of the loan. The documentation should include a letter stating the loan’s importance, such as the amount, date, and collateral. You should have information about the lender’s income source.
  • Bank Statements: Include a three-year bank statement documentation for your bank accounts. The document should include all bank transaction records and proof of transaction.
  • Third-party or Unsecured Funds: You should document fund sources you obtain from a third party. If you receive the EB-5 investment amount via credit, write the type of collateral you used to secure the loan.

Evidence of Private and Public Actions Involving Money Judgments Against You

Submit written documentation of any legal action taken against you by government and non-governmental organizations. The documents would be required and valid if they were issued within the past 15 years.

Evidence of Creating the Minimum Number of Job Positions

As an EB-5 investor, you should create a minimum of 10 jobs for Americans before you qualify for your visa. It would be best if you create the job positions within the two years required for conditional permanent residency.

You should provide proof of creating jobs in the sector where you have a stake in the case of direct investments. For a regional investment, submit evidence of creating direct or indirect jobs in a particular industry.

EB5 Investment Amount

The first step to collecting and filing the above documents when applying for an investor visa is securing the required funds. With the appropriate EB-5 investment amount, your EB-5 investor application will go smoothly.

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