New EB-5 Opportunities in Florida


Para la versión en español, haga clic aquí.

Tapco Restaurant Group, owner and operator of  Tap 42 Craft Beer Bar & Kitchen  in Fort Lauderdale, has closed the last portion of a loan made ​​with funds from foreign investors. The 4.5 million dollar loan comes from immigrant investors applying for EB-5 visas. This investor loan allowed Tap 42 to open restaurants in Coral Gables and Boca Raton.

The loan closed in mid-April. Most of the loan was used to open Tap 42 in Boca Raton, which opened in July 2015. The rest of the loan helped open the third Tap 42 in Coral Cables which recently celebrated its opening.

This investment opportunity is attractive to Latin American investors looking to gain American residence. Seeing the economies of their countries struggling, especially in Venezuela and Brazil, EB-5 visas are one of the fastest ways to move to the United States. Under this visa, a foreigner who invests $500,000 in a project or business that creates jobs for local workers, can become a permanent resident of the USA and eventually American citizen. The opportunity to invest in the USA also offers these investors a way to preserve and grow their capital in a more stable economy.

“American Life Investments LLC is the regional center promoting Tap 42 as an investment opportunity for investors applying for the EB-5 visa,” said Roger A. Bernstein, managing partner of the regional center based in Miami.

“Today, this regional center is sponsoring a second loan with EB-5 funds to help Tap 42 to open four new restaurants in South Florida,” Bernstein said. The goal is to provide Tap 42 with a loan of up to $10 million to bring the gastropub to South Beach, downtown Miami, Aventura and West Palm Beach.

“These investors carefully analyzed the opportunity before investing in Tap 42 and realized that this is a successful company with a strong expansion plan and a group of experienced managers,” Roger Bernstein said. “Most importantly, this expansion will create many job opportunities, which is essential for American citizenship under the EB-5 program.”

Doug Rudolph, CEO of Tap 42 said, “This loan is also very attractive because the interest rate is 6 percent, relatively less expensive than a conventional loan.” Rudolph has over 30 years of experience in this business.


For the full, original article (in Spanish), click here.

Does an Investor Have to Immigrate After receiving the Initial Immigrant Visa at the U.S. Consulate?

EB-5 Visa Attorney Roger Bernstein

A common question we receive from investors is, “Will I have to immigrate to the United States after receiving my initial immigrant visa at the U.S. Consulate?”

It’s a great question, but the answer can be a bit complicated.

Most Investors

Most investors will want to move to the United States once they’ve obtained their immigrant visa to re-establish their lives in the USA.

EB-5 as a Back-up Plan

However, there are some people who are participating in the EB-5 program for “insurance” purposes as a back-up plan in the event that business in their own country goes poorly. These people will eventually want to move to the United States. In this situation, the law requires that they immigrate within six months of acquiring the immigrant visa.

Re-entry Permit

Once the investor comes to the United States, he or she can file a “re-entry permit” which basically states that the investor has every intention to remain in the USA as a resident, but in the interim, for at least a two-year period, the investor will be participating in an endeavor that requires the investor to remain abroad. For example, the investor may be finalizing a complicated business transaction, or completing University studies – anything that requires the investor to remain outside of the United States.

Bottom Line

The bottom line is that it’s very possible to use the EB-5 visa as a “Plan B,” as long as there is a valid justification for why the investor is not immediately immigrating.

You can find me on Google+ or Facebook if you have any EB-5 questions.

What countries are qualified to participate in the EB-5 program?

World Continents

A frequent EB-5 Visa question that foreign investors ask is: “What countries are qualified to participate in the EB-5 program?”

Every Country is Qualified

The answer is rather simple: every country is qualified to participate provided you meet the other conditions for EB-5 investors. If you’re from Russia, North Korea, China, France, Spain, anywhere in Europe, anywhere in South America, it doesn’t matter. You’re qualified to participate.

Different than the E-2 Visa

This is not the same as the E-2 non-immigrant visa, which is a temporary 5-year visa for investors. In this case, it’s very limited. There are just some countries on the E-2 country list that are qualified to use it. Therefore, if you’re from Venezuela, Brazil, China, India, Russia, you cannot participate in the E-2 investor program.

Your Eligible Investment

With that said, there are good news for you. If you want to participate in the EB-5, all you need to do is make an eligible investment. Your passport and country do not matter.

Read more information about the EB-5 Investor Visa Program by visiting Bernstein Osbern-Braun’s dedicated website. You can “like” me on Facebook for EB-5 Visa updates.

Where Can I Live With An EB-5 Visa?

Miami, FL

One of the questions I’m usually asked as an immigration attorney is whether the EB-5 investor needs to be living in the area in which he has invested. The answer is “No.”

Live Where You Want

Actually, the investor can move about the United States as he wants; he can live where he desires. If he made an investment in Miami, he can live in Los Angeles, he can live in New York, he can live in Texas, anywhere he prefers.


One of the advantages of the EB-5 Investor Visa Program is that you have complete freedom to live and work wherever you want.
Additionally, your children can go to school without restrictions; there are no work permits required; you have full conditional residency opportunities giving you flexibility.


Please follow me on Google+ at Attorney Roger A. Bernstein if you have EB-5 questions. You can also visit my Pinterest page for more EB-5 updates.

Who can be included in my I-526 application?

Can I bring my family to the US if I get an EB-5 Visa?

I’m often asked, “Who can be included in my I-526 application?” or “Can I bring my family to the US if I get an EB-5 Visa?”

The answer is rather simple: the spouse and children under 21 years old can be included in an investor’s petition, but there are some delicate issues.

Common-law Marriages

Frequently we see relationships that are common-law marriages. Common-law marriages are not acceptable in terms of an I-526 petition and eventual applications for conditional residency. The law requires a valid marriage. The marriage can take place, however, after the I-526 petition is approved and before someone’s immigrant visa processes.


In terms of children, the I-526 application must be filed prior to the child turning 21. That preserves – under the Child Citizen Protection Act – the age and locks it in at 21, so the aged out child can still afford protection under the law. The exception is China, because of the country must be filed prior, and that’s a much more complex issue that I’ll discuss at a different time.


You can find me on Google+ or Facebook at Attorney Roger A. Bernstein if you have any EB-5 questions.