There are very few disqualifying or exclusionary events under the law. A criminal record can be disqualifying as well as some major medical problems. Applicants should seek advice of their legal counsel to determine if waivers on certain issues may be available.
A foreign national must apply to the USCIS for EB-5 visa qualification through the submission of a number of required documents including: immigration forms, personal financial information, business plans, a copy of the Regional Center approval letter and other supporting evidence. The initial primary application is Form I-526. All documents included in the application must be translated into English with the investor signing the English versions.
The Designated Regional Center is an entity that has been approved by the USCIS. The pilot program with the coinciding federally designated regional centers was approved by Congress under Section 610(c) of the Appropriations Act of 1993.
The Regional Centers are structured to:
<li>Focus on specific geographic areas within the U.S.</li>
<li>Promote economic growth with the creation of news jobs and increase domestic capital investments</li>
<li>Facilitate the pooling of capital of multiple EB-5 investors</li>
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.
The EB-5 program allocates 10,000 visas per year for aliens and family members whose qualifying investments would result in the creation or preservation of at least ten (10) full time jobs for U.S. workers. 3,000 of these immigrant visas are set aside for aliens who invest in designated regional centers.