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  OC SUPER LAWYERS
   
 
 
EB5 and other immigration area of Practice

 

 

Our goal is to provide our clients with quality legal services efficiently and effectively responding quickly and completely to your needs with personalized service.   Our Motto are " THE LAW IS ON YOUR SIDE WHEN YOU ARE WITH US."

The firm serves individuals families and Foreign Corporations clients worldwide on business- and family-based immigration legal issues including, but not limited to, the following:

1. Immigrant Visas and Naturalization matters:

A. Employment - based Immigration visas and naturalization matters:

Labor Certification
All jurisdictions/regions
Immigrant Visas - Employment Based ( EB5, Regional centers and 1 Million)

Dự án CMB cam kết cung cấp cho khách hàng các dịch vụ toàn diện, hướng dẫn nhà đầu tư tương lai thông qua quá trình đầu tư EB5 và nhập cư để đạt được mục tiêu visa của nhà đầu tư định cư vào Hoa Kỳ. Chúng tôi không lo lắng về việc chỉ ra những so sánh giữa các Trung Tâm Khu vực vì chúng tôi tin tưởng chắc chắn rằng CMB là con đường tốt nhất hướng tới visa đầu tư EB5 ngày nay cho nhà đầu tư.
Xem kỹ trang web này sẽ giúp nhà đầu tư EB5 tương lai nắm được quá trình kiểm tra EB5 khi chỉ ra các thế mạnh của cơ cấu CMB và những việc cần tránh khi xem xét đầu tư các dự án khác tư nhân khác. Chúng tôi khuyến khích nhà đầ

 

Ngoài những nội dung bạn đã được tư vấn về chương trình đầu tư định cư tại Mỹ, bạn có thể tư vấn trực tiếp với Luật sư Mỹ của chúng tôi để hiểu rõ hơn về chương trình dự án cũng như những thủ tục tại Mỹ trước khi bạn quyết định tương lai cho cả gia đình.

Phí luật sư là 225 USD cho 30 phút tư vấn trực tiếp

Investor documents and requirements

 Preliminary List of Required Documents   

All prospective investors should contact us to inquire about the availability of current CMB Export, LLC investment projects. By filling out the online registration we can contact you and insure you get the latest offering materials.

Simplified Review of Information and Documents Required by the USCIS for Filing an I-526 Petition

The USCIS requires investors to provide documentation and proof on the following:

The investor must prove the source of the invested capital is from a "lawful" source. Regardless of who provides the capital the source of funds must be provable from a lawful source.

The investor must prove that they have a level of income or have accumulated sufficient wealth that would enable the investor to invest.

Simple statements by the investor or simple declarations are not enough to satisfy USCIS requirements for proof of either lawful source of funds or sufficient funds to invest. Independent evidentiary proof must support all declarations.

CMB requires the full $545,000 be deposited into the CMB authorized escrow account (NOTE: an investor should not ever put funds in an “escrow” other than one that requires a signature of a CMB Vice President or above) the escrow must be the CMB authorized escrow and not that of an agent or other. This deposit will suffice as proof the investor has sufficient funds for the investment. However, all claims to the source of funds must be properly and thoroughly supported with documentary evidence of how the money was earned, as well as possession of sufficient funds or assets with which to support himself or herself upon entry into the U.S.

An investor should prepare as much of the following types of documentary evidence (copies are sufficient) for both the investor and the investor's spouse, as relevant to his or her financial status.

The USCIS requires proof of source of funds:

The investor must prove that the funds come from a lawful source such as profit or earnings from a business, the profits or proceeds from the sale of real estate or the profits or earnings from stock or other investments. Inheritance, gifts or loans are allowed as a source of funds under the law. If the investment funds are from a gift, then the financial information regarding the person giving the gift must be provided. Evidence may include but need not be limited to bank statements, stock certificates, any loan or mortgage documents, promissory notes, security agreements or other evidence of borrowing which is secured by assets of the applicant.

The USCIS requires proof of transfer of funds:

The investor is required to fully fund the authorized CMB holding account with the capitol contribution amount of $500,000 plus the syndication fee amount prior to the filing of the I-526 petition. The investor must provide evidence of where the capital that funded the escrow came from. CMB will provide documentation as to the arrival of the funds (the bank wire transfer or check the funds were received from). CMB receives confirmation from the bank escrow agent when the escrow account is funded.

The USCIS requires financial statements:

The USCIS will require financial information that evidences a net worth of at least U.S. $1 million. Evidence can include bank statements, documents showing ownership in real estate or a company, accompanied by an appraisal of value and registration of ownership. Other examples of evidence include a gift statement, a loan statement, etc.

The USCIS requires copies of passports:

The USCIS will require copies of passports for each member of the family that are qualified under an EB-5 investment. Passports must be valid for travel to the United States and must have at least six months validity beyond the issuance date of the visa. Household members can include husband, wife, and all unmarried children under the age of 21.

The USCIS requires employment and business documents:

The USCIS will require information regarding the investor's education, employment history, and business experience, including but not limited to résumés, diplomas, and business registrations.

The USCIS will require family certificates:

The USCIS will require copies of birth, marriage (or divorce) certificates and they must be provided for all individuals applying for a Green Card under the investor's application, including spouse and children under the age of 21 at the time of application. For birth certificates, one certified copy of the birth certificate for each person named in the application should be submitted. Birth records must be presented for all unmarried children under the age of 21 even if they do not wish to immigrate at the time. For marriage certificates, one certified copy of the marriage certificate or proof of termination of any previous marriage(s) must also be submitted (e.g., death certificate of spouse, final decree of divorce or annulment).

The USCIS will require Police Certificates:

The USCIS will require each visa applicant of 16 years or older to submit a police certificate from the police of each locality of the country of the applicant's nationality or current residence or where the applicant has resided for at least six months since turning 16. Police certificates are also required from all other countries where the applicant has been arrested for any reason, and must be of recent date when presented. Police certificates must cover the entire period of the applicant's residence in any area.

The USCIS will require Court/Prison Records:

The USCIS will require persons who have been convicted of a crime to obtain a certified copy of each court record and of any prison record, regardless of subsequent benefit from an amnesty, pardon or other act of clemency.

The USCIS will require Military Records:

The USCIS will require a certified copy of any military record.

The USCIS will require photographs:

The USCIS will require two color photographs in passport style. No head covering or dark glasses should be worn.

Contact us

Fill out the online question submission form

If you have any questions regarding the CMB Export, LLC, please review our frequently asked questions FAQ’S for more information. If you have more questions regarding the investment, please complete our online form and our Senior Vice President and his staff will respond to your questions within 24-48 hours.

u tư tiềm năng thực hiện đúng chức trách có liên quan đến quá trình thẻ xanh phức tạp này. Chúng tôi tin rằng càng nhiều khách hàng tiềm năng chú  ý đến các dự án khác, thì chúng tôi càng tự tin rằng kết luận sau cùng sẽ là dự án CMB là dự án tốt nhất cho khách hàng đang muốn có visa định cư (thẻ xanh) đồng thời hoàn vốn đầu tư ban đầu một cách an toàn nhất.
Đến tháng 3, 2011 đã có 427 nhà đầu tư trên toàn thế giới đầu tư vào dự án CMB. Chúng tôi hãnh diện tuyên bố rằng tất cả hồ sơ xin EB5 xin cấp thẻ xanh của nhà đầu tư nộp đến Sở di trú Mỹ đều được phê chuẩn 100%

Frequently Asked Questions -

 

 


Multinational Manager (EB1-3) ( L1)

 

 

CMB & Investment Related Issues Questionnaire:

Please note, these FAQ’s are for informational purposes only and they are not meant to be a substitute for professional legal and financial advice. Please consult an attorney and/or qualified financial expert before choosing any EB-5 investment.

1. Where is the investment situated?

Prior CMB investments are situated in San Bernardino, Riverside and Sacramento Counties in California, USA they and are associated with the former military bases located in these counties. The geographic scope of the CMB federally designated Regional Center is the entire state of California so qualified investments could take place anywhere within the state. CMB’s first rounds of investments were focused on the former Norton Air Force in San Bernardino County. Improvements at the former Norton Air Force Base in, San Bernardino County and the former McClellan Air Force Base in Sacramento County. The other bases that comprised our original Regional Center are the former George Air Force Base in San Bernardino County, the former March Air Force Base in Riverside County, and the former Mather Air Force Base and Sacramento Army Depot in Sacramento County. CMB will coordinate any future military investments with the redevelopment agencies associated with any of California’s former military bases.   
 
2. How is the investment structured?

The Limited Partnership is managed by the General Partner of the Limited Partnership, CMB Export LLC. The General Partner is responsible for initiating and managing the investments of the partnership. The General Partner is also responsible for the day to day business operations of the partnership as well as working to ensure that the Regional Center meets all laws and regulations pertaining to the EB-5 program. The Limited Partners who are the Foreign National EB-5 Investors and the General Partner share in the profit from the Partnership’s business activities on a pro-rata basis as set out in the Limited Partnership Agreement.  

3.  What is a Limited Partnership?
 
The limited partnership is formed by filing a charter with a state government and consists of a general partner and one or more limited partners. The charter details the rights and powers of the limited and general partners, percentages of ownership, and distributions of profits. The general partner manages the business. The limited partners are passive investors liable only for the amount of their investment.

This is best explained through an overview of the various entities available to investors.

A corporation, formed by filing a charter with a state government, is owned by shareholders. The corporation is taxed on its income. The shareholders are only taxed on dividends paid to them by the corporation. Shareholders do not pay tax on the corporation's income. The shareholders only risk the cost of their investment in the corporation; they bare no responsibility for the general affairs of the corporation.

A partnership is comprised of two or more people or entities coming together for an enterprise, without any particular state charter. The partnership does not pay tax, but passes through all items of income and loss to the partners. The partners pay tax on partnership earnings. Each partner, unlike a corporate shareholder, undertakes responsibility for the entire operations of the partnership. If the partnership were to be sued and judged liable, each partner bares full responsibility for the damages. A corporate shareholder has no such direct liability.

A limited partnership combines corporate limited liability with partnership taxation. The limited partnership, formed by filing a charter with a state government, consists of a general partner and one or more limited partners. The charter and the Limited Partnership Agreement detail the rights and powers of the limited and general partners, percentages of ownership, and distributions of profits. The general partner manages the business. As in a corporation, the limited partners are passive investors liable only for the value of their investment. As in a general partnership, limited partnership income is taxed at the partner level, not at the entity level.

A limited liability company is a corporation that passes through income and loss to the shareholders but offers shareholders the same limited liability as a limited partner or corporate shareholder. You could say a limited liability company is a corporate version of a limited partnership. 

4. What are my risks?

As in any investment there is a risk of total loss. However, CMB works hard at its mission to invest our clients’ funds in manner that minimizes the risk to the client while still meeting the EB-5 law’s “at risk” requirement as well as the shared goal of achieving an EB-5 Visa. CMB requires its borrowers to identify sources of revenue for the repayment of the loan and to make annual appropriations of interest. The borrowers are to provide CMB with recent audited financial reports and other references such as a Standard & Poors or a Moody’s rating. For example, the IVDA had reported A - AAA ratings from Standard & Poors. There remain matters much beyond the Regional Centers control such acts of god, war, and market fluctuations in income and or real estate values. All investors are provided the opportunity to visit the project sites, meet with management, be provided with documents as needed to enable review of the investment, and are provided with references to permit independent verification of the information contained in the investment prospectus.

5. Must I invest the full $500,000 before you will apply for my Green Card?

Yes, although the regulations permit escrow arrangements, other EB-5 investment companies place EB-5 investors’ funds directly into the project; however for investor protection, with CMB Investor’s funds are placed into a secure CMB authorized escrow account pending petition approval or upon approval of three petitions within the partnership.

6. How safe is my investment?
        
CMB believes it is a safe as possible given the legal requirement that the investments are truly “at-risk.” This is why CMB structures loans to government agencies or master base developers where in either case there is a pledge of public monies as part of its investment portfolio. 

7. Why would a promoter be used for this EB-5 program?

CMB uses promoters or finders from time to time to assist it in locating prospective EB-5 investors. 

8. If I wish to visit the military bases/CMB investment project sites, is this possible?   

Yes, CMB can arrange such visits on a case by case basis provided enough notice is given to schedule a visit. 

9. Is the EB-5 Green Card 'guaranteed' by participating in this investment program?     

A Green Card cannot be "guaranteed" however your $500,000 is held in a "Bank Escrow Account" and refunded in full in the unlikely event of a denial of your I-526 petition. No one can ever guarantee the outcome of a visa application or petition; it is solely up to USCIS to adjudicate. The key is to have a well prepared petition by competent, legal counsel experienced in EB-5 visa matters, to create the best opportunity for success. No money is released from the bank escrow account to the project until I-526 petition approval is given on your petition or at least three petitions within the partnership.

10. If the I-526 petition for my 'Green Card' is denied, do I get my $500,000 back?          

Yes, in the unlikely event of an I-526 denial you would be refunded your entire subscription amount ($545,000) and any interest that would accrue while the funds were held in escrow/investment. 

11. Does the Administration fee include unbiased legal counsel to represent me for my application to USCIS?     

No, CMB believes that it is important for you to have independent legal counsel representing your interests. As a result while we are able to recommend a lawyer who can competently handle EB-5 applications, you will ultimately choose the attorney who will represent you. 

12. How extensive is the paperwork/application process, will I receive help?     

You will be provided with a detailed schedule of requirements and a list of documents from your immigration attorney. You will also be assisted by the CMB team throughout the entire application process. 

13. Am I still required to hire an immigration attorney?

Yes, it is important for you to have independent legal counsel representing your interests. The EB-5 application process is complicated and many technical requirements must be met. 

14. What are the fees if any?

CMB requires a $45,000 syndication fee at the time the subscription is entered into.  

15. US Tax Matters and Considerations

The United States charges income tax on all United States Citizens and Permanent Residents alike, and this is based upon worldwide income. Foreign Investors should consider the tax implications and review matters with their professional advisors regarding becoming a United States Permanent Resident before making any investment. 

16. Pre-immigration Tax Planning

Before you become a resident of the United States you may wish to consider reducing or eliminating some of the United States income, gift and estate tax consequences which would be applicable to you once you become a United States taxpayer. These objectives may be accomplished through utilizing some common planning techniques such as:
    • making gifts
    • accelerating income and gains
    • deferring deductions and losses
    • creating, amending and/or revoking wills and trusts
    • creating and/or reorganizing entities

17.   Who should invest?

EB-5 investors include people from all walks of life; professionals, business people, persons wanting to facilitate a child's education, and retirees. Because the EB-5 visa permits employment in the United States, many EB-5 investors become involved in charity or part time work. Simply put, the EB-5 visa gives you the flexibility to do what you want in the USA. If you don't want to actively manage your business, you should consider EB-5.

18. How is my limited partner interest protected?

The Certificate of Limited Partnership must be recorded with the State of California as a public record. The Certificate refers to a Schedule A of the limited partnership agreement, which lists the names and percentage interests of the limited partners. Investors are protected by California Revised Limited Partnership Act and the Uniform Commercial Code, and other California laws as well as Federal and State Courts in California. Funds are typically invested with governmental agencies and thus part of the public record and collateralized in the case of investments in private agencies.

19.   Is my investment guaranteed?

No. The law requires an "at risk" investment without guarantees or redemption rights. CMB goes to great lengths to minimize or mitigate risk but the investment is required to be “at risk”. Prospective EB-5 investors should be extremely cautious of any Regional Center or their representative that indicates their EB-5 investment is guaranteed.

20.  What are my risks?

As in any investment there is a risk of total loss. Like everybody we risk the deleterious effects of acts of god, war, financial distress of state and local governments and market fluctuations. We urge all investors to visit us, check our references and to independently verify the information contained in our prospectus otherwise known as the PPM. (Private Placement Memorandum).

21. How does the bank "escrow" account protect me against the risk of losing my money?

The initial cash deposit from the investor is placed in a legal, interest-bearing escrow bank account. When an escrow bank account is established, the funds continue to belong to the investor; however, they are committed to be placed into the investment upon petition approval. The CMB Escrow Agreement with the investor requires the funds to be released from the account only when the petition is approved by the USCIS or by the approval of three petitions within the partnership.

22. What are CMB Export’s fees?

CMB, as the General Partner receives a percentage of the interest of the total interest that is charged to our target investments (Borrowers). It should be noted that all routine day to day expenses are covered in the interest that is paid to the General Partner. The General Partner is also entitled to 20% of the profits derived by the Partnership while 80% of said profits and/or gain are distributed to the Limited Partners on a pro-rata basis.

23.  Is CMB Export LLC currently a qualified Regional Center; and if so, what are the advantages of investing with a federally designated Regional Center like CMB Export LLC?

Yes, CMB was designated as a Regional Center by the Federal Government in 1997. The advantages of investing with a Regional Center are:   
• Facilitates the pooling of capital of multiple EB-5 investors
• Investors can take credit for jobs created directly as well as indirectly from their investment in the Regional Center. Indirect job creation may be demonstrated using any reasonable approved methodology.
• Congress gave the USCIS discretion to give priority to EB-5 applications filed in conjunction with a Regional Center.
• CMB has a track record of success with several projects underway.
• The Regional Center handles the day to day management of the investments.

24. What is meant by qualifying investment "capital?"

The regulations define capital as cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien entrepreneur. A debt will qualify as capital only when the alien entrepreneur is primarily and personally liable for the indebtedness. An investor may also acquire the required amount of capital via a gift.

25. When may the investor exit the investment?

The anticipated duration of the Limited Partnership is 6 (six) years. However, depending on the operations of the Partnership, it could be shorter or longer. CMB investments are loan based versus equity based. By this we mean there is nothing that has to be sold by the Limited Partners in order to exit the partnership. We believe this structure provides a greater assurance when determining the point at which the limited partners will be able to exit the investment. Remember, in an equity based investment all of the EB-5 investors will be exiting the investment at or about the same time. This mass exodus can dramatically affect not only the ability to sell the equity interest be it ownership in a hotel, resort, farm, commercial building etc., but also the value of the equity shares because all of the limited partners will be selling an identical ownership interest at or about the same time. A loan based investment avoids these pitfalls because there is nothing to sell in order to exit the partnership. Once all the investments are repaid the respective capital accounts and shared retained earnings and capital gain will be distributed to each limited partner.

26. What investment enterprises qualify under the regulation?

Under the regulations, there are three types of qualifying investments for investor visa purposes: the new commercial enterprise, the expansion of an existing business, or the rehabilitation of a troubled business. They are defined as follows:

• The "new commercial enterprise" is either the creation of an original business, or the subsequent or simultaneous restructuring of an existing business such that a new commercial enterprise results;

• The "expansion of an existing business" may qualify through the investment of the requisite dollar amount such that a 40% increase in either net worth or the number of employees results; or

• The "troubled business" investment requires the requisite dollar amount in a business which has been in existence for at least two years, and for a period of twelve to twenty four months prior to the filing of the petition, has demonstrated at least a loss of profit equal to 20% of the business net worth.

A qualifying investment may utilize any one of these three types of business enterprises. However, most recently, investors have successfully utilized either the "new business" or "troubled business" situation, which qualifies for special, advantageous treatment by the regulations in terms of the job creation requirements. CMB’s investments target the development of “back-bone” infrastructure at former United States Military Bases and with units of local government in California and take the form of six year investment loans to the respective base reuse agencies, redevelopment agencies or master developers.

27. What are the obligations of the investor to participate in the investment?

Under the regulations, the investor must be "active" in the management of the investment. The investor must engage in the management of the new commercial enterprise, either through day-to-day managerial control or through policy formulation. However, the regulations do specifically allow that an investor will qualify as a "limited partner" as defined in the Revised Uniform Limited Partnership Act. The CMB Investment Visa Program meets all the regulatory requirements by enrolling the investor in the investment as a limited partner. This passive role allows the investor to continue to engage in his or her own business without needing to participate in the investment operations. Additionally, this allows the investor to live where he or she pleases, and gives him or her the option to enter and exit the United States without any obligation to manage the investment. Most importantly, the limited partner, like the corporate shareholder is only liable to the enterprise to the extent of the agreed-upon investment. This business structure protects the investor.

28. What is an "escrow" account, and when does the investor transfer the money to this account?

An Escrow Bank Account is a legal, interest-bearing account established in a bank to hold the initial deposit in trust until the completion of the I-526 petition adjudication. This type of account is commonly used in the sales of real estate, businesses and personal property. The CMB Export, LLC Investment Visa Program has established an Escrow Bank Account for the purpose of safely holding an investor's funds until such time as the I-526 petition has been approved by the USCIS. Escrow accounts have been established at several leading banks both in the United States and overseas. Under the agreements entered into with the servicing affiliate, the investor’s money is not authorized to be released from the Escrow Bank Account by the bank until the I-526 petition has been approved or three approvals occur within one partnership. This process was created to protect the investor.

29. What is meant by "net assets"?

An investor's net assets, or net worth, can be determined from a simple calculation: the combined value of all things owned, minus the combined value of all liabilities (debts). The assets may be from any legal source, anywhere in the world:
• cash; 
• gifts and inheritances; 
• the net cash value of life insurance; 
• the value of personal property such as jewelry, art and antiques; 
• the proceeds from the sale of a business or real property (real estate); 
• the value of real property, including the family home and any additional homes; 
• the value of securities such as stocks and bonds, including stock in a family business.

(Naturally, funds that come from such sources as smuggling, the sale of illegal drugs or any illegal activity are not allowable.)

Verification of assets and the sources of those assets will be required. It will not be necessary to document or reveal all assets, but only enough to meet the requirements of the USCIS and the Program -- an absolute minimum of US $545,000. The easiest proof of net worth, of course, is a bank account with actual cash.

30.  Why are the loans to the government agencies at a low interest rate?

CMB’s goals on behalf of the EB-5 investor are threefold. Our primary focus is upon achieving the Green Card and preserving the initial capital contribution of our investors. The rate of return on the investment is third but the first two are our primary focus. We feel that investing with government agencies or master base developers is the best strategy in order to achieve these goals.

In effect we are working to minimize risk. No Regional Center investment is allowed to eliminate risk but we do not feel that you, as the investor, have to invest your funds foolishly. The projected rate of return on any investment is normally associated with the amount of risk associated with that investment. The Government entities we invest with have access to low cost capital. They can issue bonds, receive grants, and have other avenues for low cost funding.  We must be competitive with our rates.

31.  Once I put my money in CMB what do I receive for my investment?

Each investor who is admitted to the CMB Limited Partnership is given a certificate of Limited Partnership Ownership. They become a limited partner with all the rights granted by the Limited Partnership Agreement and Subscription Agreement and are protected by the California Uniform Commercial Code and other relevant California Laws. Additionally, each Limited Partner is granted access to the secure portion of our website where they can monitor the activities of the partnership and their own individual capital account. You also get the hard work, experience and dedication of the entire CMB team. Remember we are only a phone call or an email away for any questions you may have.

32.  When I send my funds to CMB and I am waiting for my I-526 Petition, how do I know my funds are safe?

The funds are put into an escrow account whereby neither the Partnership nor the investor has access to them. The funds cannot be released unless one of the provisions of the escrow agreement are met. The terms specifically state that the I-526 Petition must be approved; three I-526 petitions approved by the USCIS for investors within the partnership, or both parties must sign off on disbursement; otherwise, the funds cannot be released. Additionally, escrow funds are held through the Trust Department of the bank in the name of the investor. The bank never takes title to the funds.

33.  Will CMB help me with filing my immigration petition?
 
CMB Export, LLC will work hand in hand with your immigration attorney but CMB requires all investors to secure their own legal counsel to file the paperwork and complete the applications for an EB-5 investor visa. CMB is the business side of this complex process. CMB will provide documents in support of the investor’s I-526 and I-829 Petitions to the attorney of the investor’s choice. An EB-5 investor must retain his or her own immigration counsel to assist in the initial I-526 petition or application. CMB will assist your counsel in providing information on the investment and the Regional Center. CMB will provide supporting documentation including a comprehensive business plan.

34.  Why do you believe CMB is a superior program to other Regional Centers?

Because CMB has three clearly established goals that are designed around the needs of the EB-5 investors. Most equity investments add in a project that the General Partner has an ownership interest in. In those cases the prospective investor has to look very closely at the equity portion of the investment as well as how the investment is structured to meet the immigration needs of the investor. Our three primary goals are:

  1.  Qualify the investor for a permanent visa under the EB-5 investment program.
  2.  Secure a return of the original capital investment to the investor.
  3.  Secure some sort of return on the investment if at all possible.

Each one of the above is discussed throughout our website and in other frequently asked questions.  In addition the following strengths are a part of every CMB investment.

• Proof of Jobs. Investors should be very interested in the details of any EB-5 program and paramount to understanding EB-5 is proving new jobs. CMB combines investor capital with Government funds and private capital to multiply the effects its investment capital has on job creation, thus creating many more new jobs than required.

• I-526 Approval or the Client receives their money back including all interest accrued while the funds are in escrow. 
 
• A Well Defined and Simple Exit Strategy. The investment is structured as a six year infrastructure investment loan. This structure provides for a very simple exit strategy exit strategy. When the loan is paid back and no other public sector investment remain the partners vote to liquidate the partnership and the original investment is returned. There is nothing to sell. The investors do not have to worry about real estate markets going up and down or their investment being tied to any other segment of the economy such as travel and entertainment, farming, bio fuels and electricity or the whims of any other segment of the economy. 

• Low Risk Investment. Traditionally the investment is placed with a government agency who has the power to raise funds through several sources such as Tax Revenues, Bonds and State or Federal Grants. Additionally each agency has oversight by various joint powers authorities.

• Transparency in the Financial Transaction. Investors in CMB have a Right of Access to the partnership records. The government entities’ financial records are also available. Thus our investors can see all the financial records of all parties.

• California Location. Our California location is a major strength. California has a vibrant economy and it would have one of the world’s largest economies if it were its own country.

• A proven history of 100% success at the I-526 and I-829 stages of multiple investment partnerships.

• The greatest strength of CMB is the Simplicity of the Program. Invest funds through a government agency. There is nothing to sell, rent or actively manage day-today. The return and the costs are fixed. The Partnership is a continuation of the previously approved projects. The exit strategy is simple and straight forward.
      
And, further, much of our competition is dependant on a particular investment project, be it rehabilitation of warehouses, growing almond trees and grapes, the operation of dairy farms, loans to a particular business, etc. Potential investors have to ask what if that business fails? What are the methodologies for proving that new jobs will be created? Are jobs that are moved into existing businesses considered new? Are the workers harvesting grapes and other agricultural products going to be able to meet the strict requirements for proof of direct job creation? CMB invests into multiple projects with a primary focus on infrastructure improvements. These infrastructure improvements have always been proven to produce jobs both in the past and by the using economic methodologies such as RIMS II, REDYN and IMPLAN. In summary, CMB has simple proven methods to prove job creation. CMB Limited Partnerships fund infrastructure improvements in a variety of individual projects. Additionally, CMB funds are no more that 25% of the overall investment. This means that each investor has at least three outside dollars that are working to create new jobs for every dollar they are investing. CMB investors are afforded “peace of mind” that is unparalleled in any other Regional Center investment when considering job creation and when or if it will take place. CMB investments rely solely upon indirect job creation and CMB investment show exactly how and when the indirect jobs will be created as a part of each investor’s I-526 petition. Investments that rely upon direct jobs subject each investor to wondering when and if those direct jobs will be created. Some of the most noted EB-5 immigration attorneys have described direct jobs as “messy” and something to be avoided.

35.  What are the risks associated with the business investment regarding the removal of the conditions from the conditional visa (the I-829 Petition) twenty months after the I-526 Petition approval? 

The risks associated with the business investment and the removal of conditions are dependant upon the individual investment a potential investors chooses. Each Regional Center is different and they structure their investments differently. The prospective investor needs to see how well the investment they are considering meets the requirements for I-829 approval.

The I-829  is primarily an anti-fraud measure. The USCIS has two primary concerns when determining if they are approving the I-829 petition of an investor. (1. Have the jobs been created? 2. Is the investor still active in the investment and fully invested?) The following (LINK) is directly to the USCIS where they discuss approval of for I-829 by the District Director. You will see that “A-C” deal with being fully invested and maintaining the investment during the conditional residency period and “D” addresses job creation. Simply put, the investor must be able to show that the full amount of their capital contribution was at risk and the required jobs were created. The ability to prove up these requirements will vary from Regional Center to Regional Center. CMB is able to show how jobs are created at the time the I-526 is being adjudicated. Any Regional Center that uses Direct Jobs as a portion of the jobs being claimed will not be able to show that the jobs were created until the I-829 stage. CMB investors know that as soon as monies are spent, jobs are created. This eliminates the uncertainty that goes along with using direct job creation.

CMB investments use Indirect Job creation only and CMB requires at least three outside dollars for each CMB dollar that is being invested. What is not being asked in this questions is addressed in Question 38. Every prospective investor needs to consider a “worst case scenario” of every investment they are considering. Every Regional Center should have an answer to this hard hitting question. The attached list is a series of questions that should be presented to every Regional Center.

36.  What is the likelihood of the investor getting the basic return of his/her original investment?

CMB investments are made with government entities or master base developers that have identified a number of sources of revenue as ways to repay our investors. EB-5 investments are required to be “at risk” investments. No Regional Center is allowed to guarantee the return of an investors funds. The USCIS has been very clear on this issue, the funds must be at risk. On the other hand there is no requirement that the funds be invested foolishly. CMB structures investments that are compliant with the rules and guidelines of the USCIS that also afford the investor the greatest likelihood of a full return of their capital contribution. CMB investments are loan based infrastructure investments that have a pledge of public monies even if the investment is made with a private entity. In a loan based investment the Limited Partners have nothing that needs to be sold. Equity investment have to worry about market trends and have certain segments of the economy can impact the “Fair Market Value” of their ownership interest in any equity based investment.

We cannot guarantee that an investors funds are 100% safe but we can tell you that we believe that the CMB investment structure has the lowest risk and the greatest likelihood of achieving the investor’s Green Card, preserving the original capital contribution and achieving some sort of a rate of return to the investor.

37.  What is the likelihood of the investor realizing a profit in this investment?

The day to day expenses of our investments are capped such that the interest rates charged to the investment targets are at least one percentage point higher than the cap on day to day expenses thus the projected rate of return is approximately 1% per year to the partnership.

The investments are with government entities or master base developers. Each borrower makes quarterly interest payment to the partnership. Remember, the investment is loan based and the day to day expenses are capped so we feel that this structure affords the investor the greatest likelihood of realizing a profit on their investment.

38.  What if the investment is lost?  Will the investor also lose his/her visa?

This is one of many questions that should be asked of all Regional Centers any prospective investor is considering. Every Regional Center should be able to respond to this question because this is something they should have considered already. What is a “worst case scenario” and what will happen to the investment and the hopes of immigration if a “worst case scenario” becomes a reality.

There are two concerns being discussed here, investment and immigration. Most if not all other Regional Center investments are structured differently from CMB investments. To answer the questions we are going to look at the absolute worst case where the investment no longer exists and neither does the Regional Center.

Non-CMB (investment):  If the target investment no longer exists and the Regional Center no longer exists it is highly unlikely there is any chance the investor is going to be able to recover any of the monies they have invested. If the target investment ceases to operate there will probably be no sources of income to look to for repayment. The target investment may have some fixed assets to look to for repayment but it will have to be determined where the EB-5 investors stand in line among all of the other creditors when or if there are any monies that can be divided.

Non-CMB (immigration):  Job creation methodologies are vitally important now. Remember there are direct and indirect jobs that are being claimed in the various Regional Center investments. If direct jobs are being claimed they are probably all lost in a worst case scenario. If the target investment and the Regional Center no longer exist where would the investor find proof of jobs whether they are direct or indirect. In this worst case the investor stands to lose all their money and the hopes and dreams of coming to the United States.

CMB (investment):  CMB infrastructure investments are made with government entities or master base developers and in both cases there are pledges of public monies as a source of repayment. In the scenario CMB no longer exists and the target investment no longer exists. First we will consider the government entity. I am not sure how the government entity will cease to function but if it were to do so another entity would step in to serve that region. The county or the state would step in because individual home owners and businesses would still be required to pay taxes on their property. These streams of revenue would not cease. Additionally the assets of the government entity would still exist including any leased property that provides a source of income. The loan agreements in place with our borrowers identify a variety of sources of repayment beyond just fixed assets so our investors have a number of directions to look for repayment. Units of local government are not able to discharge debt. Individuals and businesses can discharge debt in bankruptcy but cities, counties and joint powers authorities cannot.

In order to make things fair, even through CMB investments are structured differently than any other Regional Center investment we are aware of, let’s say all the money is lost. Now we have to look at the immigration. In the case of a master base developer CMB investments fund infrastructure improvements including improvements to public roadways and right of ways. In California public funds can be pledged for improvements by a private entity in a Communities Facilities District. In our investment with McClellan Park there is a pledge of Mello-Roos bonds as a source of repayment. This pledge of repayment comes from the County level which would be Sacramento County.

CMB (immigration): CMB investments rely only upon indirect jobs and indirect jobs are proven through reasonable methodologies unlike direct jobs that require W-2’s, I-9’s and citizenship papers. Additionally CMB investments are able to show at the time of an investor's I-526 petition adjudication that the indirect jobs are created when the monies are spent. This way if the target investment no longer exists and CMB no longer exists the investor and their attorney has there report detail how and when indirect jobs are created. Additionally, government, no matter who they are, would have public records indicating when monies are spent and what they were spent on. The indirect jobs needed by CMB investors can be proven in the very worst of a “worst case scenario”.
 

 

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B. Family-based Immigration

Fiance(e) Petition
Spouse of US Citizen Petition
Spouse of LPR Petition
Children of US Citizen Petition
Children of LPR Petition
Parents of US Citizen Petition
Brother/Sister of US Citizen Petition
Visitor, Business Traveler (B1/B2)
International Student-Academic, Vocational (F1/M1)
V Visa, K-3 Visa...

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2 EB5 Visa

 

INTRODUCTION TO THE EB-5 LAW ON INVESTMENT FOR U.S. PERMANENT RESIDENCE

 

In 1990 the United States Congress created a permanent residence category for investors who invest in a commercial enterprise that will benefit the United States economy and create at least ten full-time jobs. The minimum investment amount is $1 million of capital, although the minimum may be reduced to $500,000 if the investment is made in a “targeted employment area.” Congress set aside 10,000 immigrant visas annually for investors and their immediate family members. The following is an introduction to the law on investment for United States permanent residence.

 

 

I.          General Requirements and Procedures

 

The law authorizes issuance of an immigrant visa to an investor who is coming to the United States to engage in a new commercial enterprise in which the investor has invested or is in the process of investing the requisite capital and which will benefit the United States economy and create full-time employment for at least ten United States workers.

 

An investor must file a petition, Form I-526, with the United States Citizenship and Immigration Services (“USCIS”). Upon approval of the petition by the USCIS, the investor and the immediate family (spouse, and unmarried children under 21 years of age as of the date of filing Form I-526) may apply for permanent residence by processing at a United States consulate, or at a local USCIS office if the investor is in the United States.

 

The United States Congress stipulated that the initial permanent residence status shall be conditional for two years. Prior to the expiration of the two-year period, the conditional resident investor must file a petition, Form I-829, with the USCIS to request removal of the conditions on permanent residence. The petition should be granted if the investor demonstrates that the investor invested or was actively in the process of investing the requisite capital; the investor sustained the enterprise and the investment throughout the two-year period of conditional residence; and the investment created the requisite employment.

 

 

II.        Invest in a New Commercial Enterprise

 

The law requires the investor-petitioner to invest in a new commercial enterprise. The enterprise must be “new,” i.e., established after November 29, 1990, the date the law was enacted. However, an investor’s contribution of capital to an existing business that was formed prior to November 29, 1990 may be acceptable in two situations.

 

First, the investor may invest in an existing business, and substantially reorganize or restructure the existing business. The USCIS has stated, however, that the mere change in ownership, cosmetic changes to the decor of the business site and implementation of a new marketing strategy are insufficient changes to constitute establishment of a new commercial enterprise. On the other hand, a complete transformation of the nature of the business is likely to be considered sufficient.

 

Second, an investor may invest and expand an existing business, resulting either in an increase of at least forty percent in the net worth of the business or in the number of employees in the business. The USCIS may require evidence in the form of income tax returns, audited financial statements, and employment tax returns.

 

The investment must be in a “commercial” enterprise. Any for-profit entity formed for the ongoing conduct of lawful business may serve as a commercial enterprise. This includes sole proprietorships, partnerships (whether limited or general), holding companies, joint ventures, corporations, business trusts, or other entities publicly or privately owned. This definition includes a holding company and its wholly-owned subsidiaries, if each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business. However, the term new commercial enterprise does not include noncommercial activity such as owning a personal residence.

 

III.       Engage in a New Commercial Enterprise

 

The law requires the investor to engage in a new commercial enterprise. A passive investor cannot qualify for permanent residence in this visa category. The investor must be involved either in the day-to-day managerial control of the commercial enterprise, or in the management of the enterprise through policy formulation. The USCIS regulations state that if the investor is a corporate officer or board member, or, in the case of a limited partnership, is a limited partner with the rights and responsibilities typically provided under the provisions of the Uniform Limited Partnership Act, then the investor satisfies the requirement of engaging in the management of the new commercial enterprise. The USCIS has stated that the investor must actually engage in management rather than just carry the title.

 

IV.       Investment of Capital

 

The law requires an investor-petitioner to have invested or be in the process of investing the required capital. This requirement has several elements that require separate consideration.

 

            A.        Amount of Capital

 

First, the amount of required capital is a minimum $1 million. The minimum amount is reduced to $500,000 in cases of investment in “targeted employment areas,” which are rural areas and areas which experience unemployment of at least 150 percent of the national average. A “rural area” is an area not within either a metropolitan statistical area or the outer boundary of any city or town having a population of 20,000 or more. The assessment of whether the investment is in a targeted employment area is based on statistical information relating to the time of investment, and is based on the location where the enterprise is principally doing business. 

 

            B.         Equity Capital 

 

Next, to “invest” is to contribute equity capital to the enterprise. The individual investor cannot receive any bond, note, or other debt arrangement from the enterprise in exchange for the contribution of capital. This includes any stock redeemable at the holder’s request. Provision for guaranteed returns and redemptions might be classified by the USCIS as impermissible debt arrangements. Also, the petitioner’s personal guarantee of a loan that is the primary obligation of the enterprise does not constitute an equity investment of capital by the petitioner.  

 

            C.        Kinds of Capital

 

“Capital” may include cash and cash equivalents, equipment, inventory, and other tangible property. Although capital does not include loans made by the petitioner to the enterprise, the investor’s contribution to the enterprise of the cash proceeds of indebtedness secured by assets owned by the investor may be considered capital, provided the investor is personally and primarily liable for repayment of the debt, and the assets of the enterprise upon which the petition is based are not used to secure any of the indebtedness.

 

Separately, the use of a promissory note payable by the investor to the enterprise – as a present commitment to contribute cash to the enterprise in the future – may be considered capital in limited circumstances where the promissory note is secured by the assets of the petitioner, the obligation is a perfected security interest, and the promissory note is valued in fair market United States dollars at the time it is contributed to the enterprise. Valuation of the promissory note requires consideration of the value of the assets securing the note, the amenability of the assets to seizure, and the expenses of enforcing a foreign judgment if necessary. An investor also may use a schedule of payments or a promissory note as evidence of being “in the process of investing” the required capital, however, the USCIS requires that payments of the minimum-required capital must be substantially completed before the end of the two-year conditional residence period.

 

            D.        Escrow

 

The investor may use an escrow, conditioning release of funds to the enterprise on approval of conditional residence status or approval of Form I-526. However, the USCIS has advised that the escrow must release funds directly into the enterprise’s accounts for job-creation purposes.

 

            E.         “At Risk”

 

The USCIS requires proof that the capital invested is “at risk.” The USCIS focuses on actual and intended uses of capital to confirm that it will be used for job creation and profit-generating activity. The USCIS requires more than a deposit of funds into a business account, instead requiring evidence of the actual undertaking of business activity. The USCIS has held that use of capital for partnership expenses and reserve accounts unrelated to job creation eliminates consideration of that capital in counting the amount invested by the petitioner.

 

            F.         Tracing and Lawful Source

 

The law requires proof that capital is invested by the petitioner. Thus, an investor-petitioner should present evidence that traces capital from the enterprise back to the petitioner as a source.

 

The USCIS also has required that a petitioner present evidence that the source of the capital is a lawful one. Regulations specify evidence requirements such as five years of income tax returns. The USCIS also has required evidence of the investor’s level of income or other evidence to prove the investor has sufficient lawful sources for the capital invested. Where the investor’s funds have been received by gift or loan, substantial evidence concerning the bona fides of the donor or lender may be required.

 

 

V.        Benefit the U.S. Economy

 

The investment must “benefit the United States economy” in order to qualify the investor for permanent residence status. Arguably, the petitioner has benefited the economy by meeting the employment and investment requirements of the visa classification. No additional evidence is required in the typical case. However, considering that federal regulation of foreign investment is extensive (for example, in aviation, banking, communications and energy resources) and local economic factors vary widely, it is possible that an investment may not be deemed beneficial to the United States economy if it is made in a regulated industry sector or in a volatile local economy sector that protests the foreign investment.

 

VI.       Create or Save Jobs

 

The investor must create full-time employment positions for at least ten United States citizens, lawful permanent residents or other immigrants lawfully authorized to be employed in the United States. The investor, his or her spouse and children do not count toward the ten employee minimum. Nonimmigrants (i.e., those with E, H, L and other temporary worker visas) are also excluded from the count. An “employee” is an individual who provides services or labor for the new commercial enterprise, and receives wages or other remuneration directly from the new commercial enterprise. This definition excludes independent contractors. Under the investor Pilot Program the job creation is not restricted to employees of the new commercial enterprise, but rather the investor’s petition may include evidence of indirect creation of jobs throughout the economy.

 

            A.        Types of Jobs

 

The jobs created must be full-time, i.e., a position that requires a minimum of thirty five working hours per week. Part-time jobs do not count. However, job sharing arrangements, where two or more qualifying employees share one full-time position, will be counted.

 

            B.         When Jobs Must Exist

 

The petitioner may base the Form I-526 on proof that the required jobs have been created, or on proof that the required jobs will be created before the end of the two-year conditional residence period. In the latter case the investor must support the Form I-526 with a comprehensive business plan demonstrating a need for at least ten employees before the end of the conditional residence period. The plan must describe the business, its products and services; must include a marketing analysis, including an analysis of the competition’s products and pricing; must include a marketing strategy; must identify the organizational structure and specific plans for hiring of staffing; and must provide financial projections.

 

            C.        Troubled Business/Saving Jobs

 

Special rules govern investments in a “troubled” businesses. A troubled business is one that has been in existence for at least two years, has incurred a net loss for accounting purposes during the twelve or twenty four month period before the petition was filed, and the loss for such period is at least equal to twenty percent of the business’s net worth before the loss. If the petition is based on investment in a troubled business, the investor is not required to create ten new jobs. Instead, the petition may be based on proof that the business will maintain the number of existing employees during the conditional status period.

 

            D.        Regional Center/Indirect Jobs

 

To encourage immigration through investment, and to concentrate investment in specific regions, Congress created a temporary Pilot Program in 1993, directing the USCIS to set aside visas for people who invest in a designated “Regional Center.” The Pilot Program currently sets aside 3,000 visas annually. The Pilot Program does not require that the commercial enterprise employ ten United States workers, as long as the investor can reasonably demonstrate that the investment has created ten or more jobs indirectly. The USCIS has designated more than 140 Regional Centers located throughout the country.

 

VII.     Conditional Permanent Residence Status

 

An investor obtains permanent residence status on a conditional basis. The rights, privileges, responsibilities and duties that apply to all other lawful permanent residents, including the right to enter and live in the United States as a resident, to apply for naturalization and to petition for qualifying relatives, apply equally to conditional permanent residents. The investor must apply for removal of the conditions within the ninety days immediately preceding the second anniversary of obtaining resident status.

 

As with other permanent residents, the investor should establish family and economic ties to the United States and must be careful not to be absent from the United States for a continuous period exceeding 180 days, unless the investor has obtained a reentry permit.

 

VIII.    Removal of Conditions

 

Within the ninety days immediately preceding the second anniversary of obtaining conditional permanent residence status an immigrant investor must file a petition, Form I-829, to remove the conditions. The petition must be accompanied by evidence that the alien invested or was in the process of investing the required capital, that the enterprise and investment were sustained throughout the two-year conditional period, and that the investor created or can be expected to create within a reasonable period of time ten full-time jobs. The USCIS will issue a receipt notice for the filing of the I-829 petition. The receipt notice typically is valid for one year, and can be used as a travel document. Thereafter, if the I-829 petition remains pending the investor must obtain a stamp in the passport to document continuing lawful status.

 

            A.        Failure to File Form I-829

 

Failure to file the I-829 petition timely will result in automatic termination of the conditional resident’s status and initiation of removal proceedings.

 

            B.         Adjudication of Form I-829

 

A USCIS service center may approve an I-829 petition without a request for additional information, issue a request for further evidence, or deny the petition.

 

A USCIS service center may approve an I-829 petition if the petition establishes the requirements for removing the conditions, as outlined above. If approved, the service center director will remove the conditions on the conditional resident’s status as of the second anniversary of his or her admission as a conditional resident. The approval notice may instruct the conditional resident to report to the appropriate USCIS district office for processing of a new permanent resident card (Form I-551). At the district office, the conditional resident may receive in their unexpired foreign passport a temporary I-551 stamp valid for up to twelve months.

 

A district director must deny an I-829 petition if the petition does not establish the requirements for removing the conditions. There is no appeal from this decision. The conditional resident may seek review of the district director’s decision in removal proceedings before an immigration judge.

 

            C.        Status of Conditional Residents While I-829 is Pending

 

Immigrant investors and immediate family members remain in conditional permanent residence status while the I-829 petition is pending. Status should be extended automatically in one-year increments until the USCIS acts on the I-829 petition. During this time, the investor and family members are authorized to travel abroad and work in the United States. In practice, the USCIS will stamp the passports of the investor and qualified family members to document the continuing resident status. 

 

Investment Criteria

 

Amount the investor has to invest for the EB-5 program.

 

The investor is required to invest a minimum of $1 million however if the investment is in a Targeted Employment Area the EB-5 applicant may invest a reduced amount of a minimum of $500,000 (The CMB Regional Center Investment Plan is designed for this lower investment threshold which is the minimum allowed by United States law to qualify for the EB-5 Visa/Green Card) in a high unemployment area which is defined as 150% of the national average unemployment statistic.

 

The Job creation requirement for every investor is ten new American jobs.

 

Each foreign national EB-5 Investor must create at least ten full time United States-based jobs. If the investment is not in an approved Regional Center the jobs must be directly created by the entity the investor is investing in. If the investor uses a Regional Center to make the investment the job creation requirement of ten jobs still exists however the investor can utilize both direct and indirect job creation to prove they have met the USCIS requirement. Additionally the Regional Center may use reasonable job measuring methodology to prove the indirect jobs.

 

The investor’s source of funds to fund the investment must be from a lawful source.

 

The investor must demonstrate that the capital is in fact from a legal source. For example the funds cannot be derived from a criminal enterprise. An investor may receive a gift of funds however in that case the USCIS will require information and track the source of the funds from the person who gave the gift. Loans are also credible source of funds however the investment in the enterprise cannot be used as collateral or be pledged in any way.

 

The investment must be at risk

 

The EB-5 applicant’s capital investment must be truly at risk. Guarantees of return of any capital are strictly prohibited, and if given negate the "at risk" requirement of the EB-5 law and the investors petition will be denied. There can be no redemption agreements. The entire capital must be at risk and therefore reserve accounts are also not allowed.

 

The enterprise must be a new commercial enterprise.

 

A new business is defined as one that was formed after November 29, 1990; and it must be a for-profit enterprise formed for the ongoing conduct of any lawful business. Under certain circumstances the law allows for expanding an existing business.

 

The law states the foreign national investor must participate in management of the new commercial enterprise.

 

The applicant must have some involvement in the management of the new commercial enterprise. The reason most Regional Centers are formed as limited partnerships is the very act of being a participant in a limited partnership satisfies the USCIS requirement of having a role in management of the partnership. Nearly all L.P.’s require the limited partner to vote on certain key issues.

 

The investor must qualify as an accredited investor

 

The USCIS wants investors to be sophisticated enough to understand the sometimes complex issues involved with this type of investment. Therefore the investors must meet the requirements as set forth for defining an accredited investor. An "accredited" investor, as that term is defined by Regulation D of the Securities Act, which means any investor meeting at least one of the following conditions:

 

1) any natural person whose individual net worth (or joint net worth with that person's spouse, if applicable) at the time of purchase exceeds $1,000,000; or

 

2) any natural person who had an individual income in excess of $200,000 or joint income with that person's spouse in excess of $300,000 in each of the two most recent years and who reasonably expects an income in excess of $300,000 in the current year; or

 

3) any other "accredited investor" as that term is defined in Regulation D as adopted by the Securities and Exchange Commission; or

 

4) Has such knowledge and experience in financial and business matters that he or she is capable of evaluating the merits and risks of an investment in the Units, and of making an informed investment decision, and does not require the use of a Purchaser Representative.

 

There are other requirements for the EB-5 investor program that deal with the filing and what must be presented to the USCIS. The list is long and is really not something that should or will be explained here. Every immigrant investor will hire an attorney who will work with the Regional Center to insure these regulations are followed in the submission of the investor’s EB-5 application.

 

In the case of “gifted funds”, CMB will look to the source of those funds to satisfy the necessary criteria.Description: http://www.cmbeb5visa.com/uploads/public/images/Timeline5.jpg

Description: http://www.cmbeb5visa.com/uploads/public/images/Timeline5.jpg

 

 

 

 

 

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