Bước 1: Khởi động hành trình đầu tư EB-5 của bạn

Before initiating your EB-5 journey, you should first consider if EB-5 is right for you. AIIA has written an article that is tailored for this need under EB-5 Basics resources here for your consideration and reference.

Assuming you have made the decision to move forward with your EB-5 process we recommend the investor consult with the EB-5 professionals when making their immigration or investment decisions.

Choosing EB-5 investment path

Selecting an investment project is one of the most crucial steps in the EB-5 process, requiring careful consideration and heavy amounts of due diligence. If you are uncomfortable doing this by yourself, an EB-5 investment specialist can be a great resource in helping you identify potential project offerings that are best suited to your investment and immigration needs. 

Outside of professional advice, an EB-5 investor should have an idea of what kind of investment they will pursue, as this choice affects the complexity of the immigration process. During the due diligence period, potential investors can weigh the benefits of investing in two main types of projects:

1. With an EB-5 investment issuer – that does all the legwork of creating a project that can allow the investor to utilize the EB-5 regional center model, where your investment is pooled with other investors and invested into a large-scale project.HOẶC
2. In their own Direct projects – By putting together business plans and other documents into creating their own Commercial Enterprise.

Additionally, investors may wish to consider investing in projects located within a designated Targeted Employment Area (TEA), which qualifies for the minimum investment threshold of $800,000, rather than the standard $1,050,000 for non-TEA projects. 

A TEA is usually either a rural area or an area with high unemployment rates, sometimes both. These TEA projects may grant special benefits in addition to the lower investment threshold, such as prioritized processing of the initial petition and access to reserved set-aside visas. In some cases, a government entity solicits EB-5 investments to develop public infrastructure on the federal, state, or local level, which also qualifies for the investment minimum, regardless of whether the project is constructed in a TEA.

Conducting due diligence is a critical step in choosing your project and includes evaluation of various factors such as risks, job creation, market trends, and track records of the investment issuer. Many of these concerns are best addressed with the assistance of an investment specialist, but doing your research ahead of time will allow for a productive conversation and allows the specialist to adequately assess your risk profile. Since the vast majority of EB-5 applicants invest in Regional Center projects, the immigration process listed below will mostly focus on the EB-5 Regional Center path. To understand how exactly the EB-5 Regional Center model differs from the Direct EB-5 model, please refer to this page.

Initial consultation and retention of attorney

Potential investors must consult an experienced EB-5 immigration attorney to evaluate their case specifications and thoroughly work through their understanding of the immigration process and timelines trước choosing to move forward with an EB-5 investment. The main concepts an attorney is best suited to discuss with you include:

1. Initial evaluation of investor’s suitability for EB-5 (admissibility, timeline, risk of children aging out, etc)
2. Discuss with the client over details for SOF (sources of income, available documentation, complexity of assets and holdings, etc.)
3. Review client’s SOF documents and verify compliance with U.S. Citizenship and Immigration Services (USCIS) policies
4. Prepare and file investor’s immigrant petitions with USCIS.

AIIA provides a list of immigration attorneys who offer initial complimentary consultations. They can give a general idea of whether EB-5 provides a viable path for potential investors to receive EB-5 green cards based on their country of birth, qualification for other visa types, immigration history, current visa status in the U.S., and other factors. Attorneys will also share the expected timeline for each phase in the EB-5 process and can help put together an immigration plan that works for your specific situation.

However, it is important to note that immigration attorneys are neither licensed nor qualified to provide financial advice or securities offerings to their EB-5 investor clients. Although many attorneys may offer recommendations based on their experience working with the legal teams of various investment issuers or risks to the immigration process, it is illegal for them to refer investors to investment opportunities directly or share private placement information. Investment specialists are the certified professionals who are designated to fulfill this role. 

Once investors decide to pursue the EB-5 investment, they may retain an immigration attorney and begin collecting documents to prepare for filing. This process can take anywhere from a few weeks to months depending on the complexity of the specific case and the amount of documentation provided to the attorney; therefore, you should consult with your attorney about how soon before investing to begin your I-526E petition.

Source of Funds

The preparation for an EB-5 visa petition requires investors to prove the lawful source of all funds and assets. This is a security measure the U.S. implements to prevent bad actors and laundered money from being used in U.S development projects. Investors may use various sources to fund their investment, including financial gifts from friends and family, income from employment, income from dividends, rent, interest payments, etc. All these sources of income and more must be documented thoroughly and over the course of multiple years to prove lawful origination of the investment capital. The documentation required for this step is extensive. Your immigration attorney will help evaluate potential sources of funds, identify the simplest sources to use, and advise on the required documentation needed to make a clear case to USCIS. Investors located in foreign countries with currency-transfer restrictions – or where certain documents are harder to acquire – may benefit from working with foreign intermediaries/immigration agents who have localized and specialized knowledge in these matters.