Part III of my interview with GlobeSt.com can now be viewed online. During this part of the interview, I address what investors must understand when selecting an EB-5 regional center and the important questions they should consider before moving ahead:
“What is the general partner’s experience in managing multi-million dollar projects? What projects has the partner successfully completed in the past? Make certain that the regional center has a familiarity with the EB-5 program and understands its responsibility to complete the project and create the requisite jobs.”
You can read part III of my interview by clicking here. If you would like to read part I, please visit this link. Part II can be read here.
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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.
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.
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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.
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.