EB-5 Investment Services

Pradeep K. Gupta, CPA, P.C. provides comprehensive EB-5 advisory services to prospective accredited investors. As an independent consulting firm, we assist our clients in the following areas:

• Initial interview and questionnaires to determine eligibility for the EB-5 program
• Selection of the appropriate Regional Center vendor, matching the investment risk profile of the applicant
• Compiling all documents necessary for the I-526 petition, including due diligence on the sources of funds
• Following through with immigration counsel and the Regional Center vendor on progress
• Assisting with the I-829 petition and providing additional documents to remove the "conditional" status
• Managing and assisting through the entire process on behalf of the applicant — from inception through Green Card — coordinating with the Regional Center vendor, immigration attorneys, USCIS and the applicant

The EB-5 Regional Center Program began in the early 1990s to spur economic growth by giving immigrants a way to obtain permanent U.S. residency through job creation. Administered by U.S. Citizenship and Immigration Services (USCIS), the program directs foreign investment into projects that revitalize local economies; investors whose capital creates at least 10 full-time jobs for U.S. workers become eligible for a U.S. green card.

For investments in areas other than "targeted employment areas," the minimum investment is $1 million. Investments in "targeted employment areas," which include most Regional Center projects, can qualify with a minimum of $500,000.

All investments are subject to risk, and Regional Center projects are no exception. Under the law, a Regional Center cannot guarantee profit or the return of an investor's principal. Projects may have limited operating history and are subject to financing risk. There is no assurance that a petition will be granted or that an investor will obtain an immigrant visa or unconditional lawful permanent resident status. Laws, regulations and interpretations of the EB-5 program are subject to change at any time.

In our experience, it typically takes about 6–12 months to receive approval of an I-526 petition. Petitioners living in the United States should then expect to wait roughly six months for approval of their adjustment of status; petitioners living abroad should apply for an immigrant visa through a U.S. consulate, a process that also takes approximately six months.

An integral part of the submission for conditional residency is demonstrating the source and the path of the funds used in the investment structure. This is known as the Source of Funds (SOF) Report. USCIS requires a detailed report showing how the investor obtained the invested capital and providing a clearly documented "path of funds" from the original source to the commercial enterprise's bank account.

Lawful sources include personal savings, inheritance, a personal loan, a gift, or the sale of an asset. There is no single preferred source, but whatever the source, it must be fully supported with as much third-party documentation as possible. Income tax records should be submitted for a minimum of five years to help establish a "pattern" of income.

Retaining a certified public accountant, both in the investor's home country and in the United States, is highly recommended to ensure full compliance for reporting purposes. Our firm has the resources and cross-border experience to provide this service to investors.