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FAQ
The EB-5 Investment Visa Program is the immigrant visa category for foreign entrepreneurs and investors. Through the EB-5 program, a foreign national can obtain lawful permanent resident (LPR) status in the United States for himself / herself, a spouse and unmarried children under age 21, in return for making a qualified investment in a U.S. enterprise. Key requirements of the EB-5 program are:

• The applicant must invest a minimum of either USD$1,000,000 or USD$500,000 in a commercial enterprise.
• The minimum investment is USD$500,000 for investments that are located in a Targeted Employment Area, or TEA, which refers to certain areas that have experienced high unemployment, as well as certain rural areas.
• The investment funds must be at risk in job creating activity in or through a "new commercial enterprise".
• The investment results in the creation or preservation of ten (10) full-time (at least 35 hours per week) jobs for U.S. workers, over a two year period.
Traditional EB-5 investments require that the investor demonstrate that the required 10 full-time jobs were created directly by the commercial enterprise in which the investment was made. In contrast, EB-5 investments made through a Designated Regional Center, such as the MMRC, receive credit for jobs created both directly and indirectly, which benefits the applicant by reducing the risk associated with job creation. About 90% of all EB-5 investments are made through a Designated Regional Center.
A Designated Regional Center is an entity or economic unit, public or private, approved by the United States Citizenship and Immigration Service (USCIS) to facilitate the pooling of capital by multiple EB-5 investors. Each Designated Regional Center focuses on a specific geographic area within the U.S., and seeks to promote economic growth and creation of new jobs in that area. Importantly, making an investment via a Designated Regional Center provides EB-5 investors with two key benefits:

• The ability to invest alongside other EB-5 investors in a pooled vehicle, such as a limited partnership sponsored by the MMRC; and
• The ability to receive credit for both direct and indirect jobs created as a result of the EB-5 investor's investment.
Upon receipt of the conditional green card, you and your family will enjoy the same benefits as other lawful permanent residents. Some of these benefits include:

• Live and work anywhere in the US
• Start any business in the US
• Travel abroad and return to the US without having to apply for an additional visa
• Study in the US at resident cost, and legally work while enrolled as a student
• Establish eligibility for becoming a US citizen
Current U.S. law allocates 10,000 EB-5 visas per year for foreign nationals and their immediate family members (spouses and unmarried children under 21). Of these, 3,000 EB-5 visas are set aside for applicants who invest through a Designated Regional Center such as the MMRC. It is important to understand that this pool of 3,000 visas set aside for Regional Centers does not represent a cap on the number of visas available to those who invest via a Regional Center. USCIS reports that about 95% of EB-5 visas are based on Regional Center-affiliated investments.
The USCIS web site at www.uscis.gov provides information on the EB-5 Program and obtaining lawful permanent resident (LPR, or "green card") status through investment. In particular see here and related links from there. The federal laws and regulations governing the EB-5 program can be found at www.uscis.gov/laws, where one can choose "Immigration and Nationality Act" and go to sections 203(b) and 216A, or choose "8 CFR" and go to 8 CFR §204.6 and 216.6.
No. The EB-5 regulations require the investor to be involved in management or policy-making in the enterprise. A limited partner in a limited partnership that is properly structured and conforms to the Uniform Limited Partnership Act is sufficiently engaged in the EB-5 enterprise to meet this requirement. MMRC investments are structured to comply with this requirement.
When the commercial enterprise into which you invest is principally doing business in a TEA (defined above) the minimum amount is $500,000. Most but not all regional center projects purposely involve a TEA and allow $500,000 investments
Yes. Your spouse and unmarried children under age 21 at the time of filing your investor petition are eligible for the conditional immigrant visa that you apply for when you file your I-526 petition. Normally, under the Child Status Protection Act, even if your child turns 21 after you file the petition, the child will qualify to immigrate with you as long as the petition is approved and the child promptly proceeds in the process to acquire permanent residence.
A qualified investor is an individual who is able to invest $500,000. The individual must be able to document the source of the funds invested.
At risk investment is capital not used in exchange for a note, bond, convertible debt, obligation or any other debt arrangement, but used directly into a new commercial enterprise "at risk." By law, all money invested through the EB-5 program must be "at risk." Nevertheless, USCIS allows the new commercial enterprise to loan money to another entity using the loan for a job creating project.
A "conditional" green card is valid for two years. A conditional green card holder has the same rights and privileges as a permanent green card holder. Its holder must file a petition to remove conditions three month before the second anniversary of admission as a conditional permanent residence, showing that the investor maintained the investment and created or is still in the process of creating the 10 new jobs. If the investor successfully removes conditions, a ten-year unconditional green card will be issued.
An unconditional green card is valid for ten years without conditions or further applications except a simple application every ten years to renew the card (essentially showing that the applicant has not become deportable through criminal convictions or other grounds). An unconditional green card holder also may apply for citizenship through naturalization five years after initial admission. Both cards offer the same rights and privileges.
You will be required to have a physical examination by a certified physician showing that you do not have a contagious disease, not under treatment and that you do not have certain mental disorders or drug addictions.
Yes. MMRC urges prospective investors to please consult their own financial advisors for advice on investing through this program.
The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education.
No. However, do try to learn English as it will help in an immigration interview.
Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms length transaction and is not a mere ruse that the gifted funds will be given back after permanent resident status is granted.
Permanently. The card must be renewed every ten years.
EB-5 investors include people from all walks of life: professionals, business people, parents wanting to facilitate a child's education, and retirees. EB-5 investors may continue to work or operate businesses in their native countries; however, since the EB-5 visa permits employment in the US, many EB-5 investors become involved in American businesses. EB-5 investors are not required to work, therefore, investors can choose to travel throughout the United States without restriction or maintain dual residences in America and their native home. Simply put, of any employment-based visa, the EB-5 visa gives the investor the greatest flexibility to do what they want in the USA.
The first requirement of any investor after they receive the visa at the United States overseas consulate office is to enter into the United States within 180 days of visa issuance. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver's license or social security number, paying state and federal income taxes, renting or buying a home.
A green card holder is entitled to live and/or be employed permanently in the United States with entitlement to all the protections of its laws. A green card holder can travel freely to and from the United States. A passport from the country of citizenship is normally all that is needed. To reenter the US. a Permanent Resident normally needs to present the green card for readmission. Green card holders need to be able to convince a U.S. port officer upon return that at the time of departure from the U.S. they had intended to return after a temporary trip, and they have not "abandoned" their residence. You may be found to have abandoned your permanent resident status and thus lose it if you:

  • Move to another country intending to live there permanently.
  • Remain outside of the US for more than one year on a single trip without obtaining a reentry permit or returning resident visa. However, in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Remain outside of the US for more than two years on one trip after issuance of a reentry permit without obtaining a returning resident visa. However, in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
  • Fail to file income tax returns while living outside of the US for any period.
  • Fail to spend most of the time in the U.S. and fail to convince a port officer upon return from any trip that under a "facts and circumstances" analysis, you have maintained residence in the U.S. If you intend to spend less than half your time outside the U.S. or be absent from the U.S. for more than six months at a time, then you should seek advice from a U.S. immigration lawyer about the issue.
The level of return an investor can expect depends on the business opportunity into which they invest. Therefore, the expected returns are presented on a case-by-case basis. Most importantly, the receipt of an EB-5 Green Card does not depend on the return on investment; only that the investment is maintained at risk and creates the number of direct and indirect jobs in the required time frame.
No, USCIS requires the investment to be 'at risk' to be able qualify as a legitimate investment in the EB-5 program. If any guarantee of return of any capital is given, it negates the 'at risk' requirement of the EB-5 guidelines and the investor's petition will be denied. Therefore, redemption agreements are strictly prohibited and the entire capital must be at risk.
In the U.S., an experienced immigration attorney is very important to anyone trying to receive a green card, and the EB-5 program is no exception. An Immigration attorney experienced in EB-5 matters will guide the investor through the complex process of getting a conditional green card, permanent green card, then ultimately a citizenship. Regional Center will provide the supporting documents about the project for the investor's application to the USCIS, and the investor must work with the attorney to document source and path of funds and proceed with the immigration process. In addition, the investors are responsible for the legal fees and costs associated with the attorney.
MIAMI METROPOLITAN REGIONAL CENTER
2665 SOUTH BAYSHORE DRIVE
SUITE 1200 MIAMI, FLORIDA
33133
DIRECT:  (305) 487-8335
FAX:     (305) 859-8300
TOLL FREE: 1-877- 495-0320
EMAIL:
INFO@MIAMET.COM

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No offer to sell any security is made by this website. The information on this web site is not an offer to sell or solicitation of an offer to buy an interest in any investment. Any such offer or solicitation will be pursuant to exemptions from registration requirements set out in applicable securities laws and made only by means of delivery of a confidential private offering memorandum relating to a particular investment to qualified investors in those jurisdictions where permitted by law. Any offer of securities by the Miami Metropolitan Regional Center or related entities will be directed only to countries other than the United States.

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