EB-5 FAQs
General Questions
Must I have previous business experience or education?
Must I speak English?
How many immigrant visas are allotted for this classification?
What makes this program different from the L-1 (manager transfer) or E-1/2 (Treaty Trader/Investor)?
What is Liberty West Regional Center's track record?
Investment Questions
What is a limited partnership?
How is my limited partner interest protected?
What are my risks?
Can several investors combine or "pool" their investment capital through one limited partnership?
How can I submit my investment funds to Liberty West Regional Center?
If my I-526 petition is denied, will I receive my funds back?
Applying To the Fund
How does a potential investor apply for the EB-5 visa through the Liberty West Regional Center?
Can I apply if I have been rejected or terminated in the past by USCIS for a L-1, B, or other visa?
Does an investor need an immigration attorney to submit an I-526 petition?
What information and documentation are required?
What is meant by the requirement that the investor's assets be "lawfully gained"?
What are the investor’s obligations to participate in the investment?
What is an accredited investor? And do I need to be an accredited investor to apply to the fund?
Petition Process
How long is the processing time for the I-526 petition and the conditional green card?
If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and Interview?
After the I-526 petition approval, can members of the family have their consulate interview in different countries (i.e. children attending school in the United States and the parents in China, etc.)?
Once I receive my conditional green card, when do I apply for my permanent green Liberty West?
Conditional and Unconditional Green Cards
What is the difference between "conditional" and "unconditional" green cards?
Who receives the permanent residency ("green card")?
How long must I remain in the United States each year?
What is the difference between permanent residency and citizenship?
Will my children be able to remain in school in the U.S. if I leave the U.S.?
General Questions
Must I have previous business experience or education?
The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he or she has the required net worth and capital and prove that the funds are legal through proper documentation.
Must I speak English?
No. An investor should obtain the services of a translator to read our fund materials and contact our office for more information.
How many immigrant visas are allotted for this classification?
The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least tens (10) full-time jobs for U.S. workers. Of these, 5000 visas are set-aside for aliens who invest through regional centers.
What makes this program different from the L-1 (manager transfer) or E-1/2 (Treaty Trader/Investor)?
Participation in the Immigrant Investor programs yields permanent resident status. The E-1/2 Treaty Investor or Treaty Trader programs allow for nonimmigrant status only. When the qualifying trade PR investment ends, so does the non-immigrant status that has been granted to the investor. Likewise, the L-1 is a non-immigrant classification. Unlike E-1/2, an L-1 alien can apply for classification as a Multinational Executive or Manager. If such as case is approved, which is becoming more difficult due to the high number of fraudulent cases and a subsequent tightening of the review process, the alien may apply for Permanent Resident status.
Investment Questions
What is a limited partnership?
A limited partnership is a business organization with one or more general partners and one or more limited partners. The general partners manage the business and assume legal debts and obligations while the limited partners are liable only to the extent of their investments. Limited partners enjoy rights to the partnership's cash flow, but are not liable for company obligations.
How is my limited partner interest protected?
The USCIS requires that some financial risk be involved so we cannot guarantee the return, but we do make every effort to minimize the amount of risk by making sure the investment is properly collateralized and that the partnership is in strong financial standing. Liberty West recommends investment opportunities to a partnership only after an extensive financial and project review. All limited partners will receive semi-annual reports with financial and partnership information. A limited partner can contact the General Partner to request any partnership information.
What are my risks?
Each limited partnership has specific risk factors that are included in the offering materials. Risk factors differ for each partnership but general risks include economic conditions, failure to meet job requirements, and denied immigration status under the USCIS EB-5 Immigrant Visa Program.
Can several investors combine or "pool" their investment capital through one limited partnership?
The regulations specifically allow for pooling of funds by several investors to establish a limited partnership sufficient to qualify all participating investors. The only requirement is that each investor individually must qualify for the minimum at-risk capital requirement and new job creation requirement.
How can I submit my investment funds to Liberty West Regional Center?
In the offering materials are a copy of our escrow agreement and the wire transfer instructions to the escrow bank account. Within 48 hours of your wire transfer, our office will receive a remittance confirmation for your records. A copy of the remittance confirmation is provided to you and is included as part of your I-526 petition.
If my I-526 petition is denied, will I receive my funds back?
Yes. If the petition was denied, the full investment will be returned to the account of origin.
Applying To the Fund
How can a potential investor apply for the EB-5 visa through the Liberty West Regional Center?
A potential investor can contact our office and speak with one of our staff regarding the EB-5 visa. We will answer all of your questions and provide program materials regarding our Fund. For further information, please review our Subscription & Immigration Procedures.
Can I apply if I have been rejected or terminated in the past by USCIS for a L-1, B, or other visa?
Rejection in the past does not disqualify the applicant unless the reasons are related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the Fund and legal counsel in advance of your petition.
Does an investor need an immigration attorney to submit a I-526 petition?
We highly recommend that an investor obtain legal services for their immigration petition submission. The narrative and documentation needed for the petition is extensive and an attorney can assist with the petition, consulate interview, and visa processing. Please note that legal fees are not included in the $40,000 issue expenses.
What information and documentation are required?
An investor must submit several elements to the USCIS for the EB-5 visa including: USCIS forms, business plans or geographical statistics, investor financial information and other supporting evidence. Also, the capital investment must be placed in escrow prior to submitting a petition. Please click here to review a list of sample investor documents for the I-526 petition.
All documents included in the petition must be translated into English by a certified translation service. The investor must sign the English version of all agreements, government forms, and applications.
What is meant by the requirement that the investor's assets be "lawfully gained"?
Under USCIS regulations, the investor must demonstrate that their assets were gained in a lawful manner. This requires the investor to prove their investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.
The Fund requires an investor to reveal where and how they received their assets in the amount of at least US$540,000 that are used to qualify for the program. This may be accomplished through certificates by the investor's licensed accountants, lawyers, court records, salary statements, tax statements, real estate documents, and the like.
What are the investor’s obligations to participate in the investment?
The investor must be "active" in the management of the investment by engaging in the management of the new commercial enterprise, either through day-to-day managerial control or through policy formation. However, the law does specifically allow that an investor will qualify as a "limited partner" as defined in the Revised Uniform Limited Partnership Act.
The Fund meets all the regulation requirements by enrolling the investor in the investment as a limited partner. This role allows the investor to continue to engage in his or her own business without needing to participate in the day-to-day management operations. However, the limited partner is required to participate in the policy formation for the Partnership. The limited partnership business structure allows the investor to live where he or she pleases, and gives him or her the option to enter and exit the U.S. without any obligation to manage the daily affairs of 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. The Fund uses this business structure to protect the investor.
What is an accredited investor? And do I need to be an accredited investor to apply to the fund?
An accredited investor is a term defined by security law that describes investors permitted to invest in certain types of higher risk investments, limited partnerships, hedge funds and angel investor networks. In the U.S., an individual is considered an accredited investor if they have a net worth of at least US$1-million or have made at least US$200,000 each year for the last two years (US$300,000 with spouse if married) and have the expectation to make the same amount in the current year.
Yes, if you are currently residing in the US on a non-immigrant visa in order to apply for the fund you must be an accredited investor. The US$540,000 used for the investment can be counted towards the requirement of US$1-million in assets.
Petition Process
How long is the processing time for the I-526 petition and the conditional green card?
From the date that one submits the I-526 Petition, it takes approximately 8-12 months for an investor to pass the U.S. Consular Interview and receive a conditional green card.
If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and Interview?
The purpose of this application is to ensure that the investor and his or her family undergo medical, police, security and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues and information provided on the I-526 petition, including asking the investor to summarize nature of the investment. If the investor immigrant family is in the United States, they may apply to adjust their status at the appropriate USCIS office.
After the I-526 petition approval, can members of the family have their consulate interview in different countries (i.e. children attending school in the United States and the parents in China, etc.)?
Family members can interview in different countries. The country of origin or where the family has current ties is the standard interview site. Often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin and can adjust status in the United States at the USCIS district office.
Once I receive my conditional green cards, when do I apply for my permanent green cards?
The conditional green card has an expiration date of two years from the date issued. Investors can submit their I-829 petition as early as three months prior to the expiration date. Liberty West Regional Center will supply all supporting evidence regarding the limited partnership, capital investment, and newly created jobs.
Once the I-829 petition is filed with USCIS, your conditional permanent residency is extended for one year. An investor should carry the USCIS I-829 receipt notice, along with the conditional green card, at all times.
Conditional and Unconditional Green Cards
What is the difference between "conditional" and "unconditional" green cards?
Under regulations, an investor who is approved for the EB-5 immigrant visa receives a "conditional" green card, which is valid for a two-year period. An "unconditional" or permanent green card has no expiration date-- otherwise the two cards offer the same rights and privileges.
Who receives the permanent residency green cards?
The investor, spouse and any unmarried children under the age of 21 at the time of the I-526 petition are eligible. It is possible for adopted children to be included in the family.
How long must I remain in the United States each year?
Within 180 days from visa receipt at the United States overseas consulate, the investor must enter the United States. 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, and renting or buying a home.
If required, the United States resident may work overseas based on the nature of the business or profession. For permanent residents living outside the U.S., we suggest the investor and family re-enter the U.S. no less than once every six months. The longer the investor and family are present in the U.S., the less likely the government is to claim that the investor "abandoned" the United States as a permanent residence - thereby endangering his green card status. In some cases, investors may seek a "reentry permit" which allows the Investor permission to remain outside the U.S. for as long as two years without having to reenter the country to maintain permanent resident status.
What is the difference between permanent residency and citizenship?
There are two ways to become a U.S. citizen. One is by being born in the U.S. or being born to a U.S. citizen. The other way is by naturalization. Becoming a Legal Permanent Resident (LPR) is the first step in becoming a U.S. citizen through naturalization.
Being an LPR for 5 years is one of the basic requirements to qualify for naturalization. The second requirement is being physically present in the U.S. for 30 months during the 5 years prior to the naturalization application. Once becoming a U.S. citizen, an individual is entitled to benefits including the right to vote and hold public office.
Will my children be able to remain in school in the U.S. if I leave the U.S.?
Yes.