*This information is not an offer of securities, or a solicitation of an offer to purchase securities. Offers of securities for this investment will be made solely by Confidential Private Offering Memorandum for this Offering (the “Offering Memorandum”) to qualified individuals.
*Offerings of the securities for this investment are made solely pursuant to the terms of the Offering Memorandum, which includes a detailed description of the terms of the offering, the Project and the risks of investment in the Offering. Investors must review the entire Offering Memorandum before making any investment decision to invest in this Project, and must rely solely upon the terms set forth in the Offering Memorandum with regard to their decision to invest in this Project. Any information provided outside of the Offering Memorandum should not be relied upon in making any investment decision, including the summary information provided for convenience on this website.
*Prior to the sale of any security to any investor currently living in the U.S. or visiting the U.S., the issuer will require such investors in the offering to provide information necessary to verify that such investors qualify as an accredited investor, as required under SEC Rule 506(c).
*Past I-526 petition processing times for this Project do not guarantee that USCIS will adjudicate any specific I-526 petitions for this Project within any specific period of time. Prospective investors must consult with their personal immigration attorney to understand fully the requirements, risks and processing requirements for any investment in an EB-5 project.
*An investment in this Project involves a high degree of risk of loss of the investment, as described in further detail in the Offering Memorandum. Investors should not invest in this Project unless they can bear the potential for the loss of some or all of their investment. There can be no assurance that any investor in this Project will receive approval of their I-526 petition or the return of their investment in this Project. Investors must review the Offering Memorandum to obtain further information regarding the risks of investment.
*A small number of applicants had a rejected I-526 due to administrative error unrelated to the project
*EB5Fast.com is the property of Odlum Equestrian Manager, LLC
CONTACT US
EB-5 is a United States immigrant investor program that offers citizens of other countries the opportunity to seek permanent U.S. residency through an investment that creates jobs in the U.S.
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Immigrant Investor I-526 Processing Time
Individuals across the globe are looking to become an immigrant investor for the United States, allowing them and their immediate family to establish a permanent residency within the country.
Becoming an immigrant investor allows individuals to obtain permanent residence by investing in the United States economy and bolstering businesses established or reformed after November 29, 1990. This can be expedited through the EB5 Fast Immigrant Investor Program, however, this program requires that investors fill and submit a form I-526.
The I-526 form is the first step to applying to the EB-5 visa program. This program is known as one of the fastest ways to obtain residency within the United States as an immigrant investor, established in 1990, and remains so today.
This article answers questions about the I-526 petition, from applying for an I-526 petition, to the I-526 petition requirements, and the expected I-526 processing times. Additionally, this article will discuss how applicants can expedite the process through EB5 Fast to obtain a permanent resident card, or green card, even sooner.
Congress Established the EB-5 Investor Program in 1990
Established by the United States Congress in 1990, the EB-5 Immigrant Investor Program offers a means of stimulating the American economy. The program, administered by U.S. Citizenship and Immigration Services (USCIS), encourages capital investment and job creation by foreigners. Expansion of the program over the years now also allows for regional center investment on the part of foreign investors.
Qualifying for the program requires an EB-5 immigrant investor to invest in a new commercial project after Nov. 29, 1990 or meet other criteria. To invest in a business established on or before Nov. 29, 1990, the investor must ensure the business reorganizes or restructures to create a new commercial enterprise or expands on an existing organization using the investment to achieve this goal. To remain valid, this expansion must substantial change to the business, which is defined as a 40% increase to the organization’s net worth or employee base.
The program defines a commercial enterprise as a for-profit activity created to conduct lawful business on an ongoing basis. This includes sole proprietorships, limited and general partnerships, holding companies and joint ventures. Corporations, business trusts and other publicly or privately owned entities also qualify.
Commercial enterprises that consist of a holding company together with its wholly owned subsidiaries qualify under the program, so long as each subsidiary meets the definition of a commercial enterprise as described above.
Non-commercial activities do not qualify for the EB-5 visa program. For example, the program defines the owning and operating of personal residences as non-commercial activities. (1)
What is a Form I-526?
Individuals interested in benefiting from the EB-5 Immigrant Investor Program must apply using form I-526. The agency must verify the eligibility of each individual participating, and this form serves as part of the verification process. Also referred to as an Immigrant Petition by Alien Entrepreneur, form I-526 announces the intent of the applicant to file for conditional permanent U.S. residency using one of the dedicated investment programs.
The USCIS restricts the program solely to investments from ethical and legitimate and forbids investments into the U.S. economy that come from illegal sources. Information shared on the I-526 form allows the United States government to verify that the investments come from ethical and legitimate sources, and that the applicant meets all legal requirements.
Any errors or omissions on the form will add to the processing time and could potentially result in the application being rejected. It is important that any individual applying for permanent residency through investment takes the time to review the I-526 form carefully before submitted it to avoid these issues.
Who Must File an I-526?
Immigrant investors who are looking to obtain an investment-related visa are required to file this form, but it is not required of the immediate family. The USCIS website offers the document free of charge and permits only those individuals eligible for the visa to file.
Only the investor needs to file this document. Once approved, the investor, the spouse, and unmarried children ages 21 and younger become permanent United States residents. Five years after securing this conditional permanent residency, each of these individuals will receive the right to apply for a United States Citizenship.
The Initial Investment
An individual must first invest in a program that has obtained approval as an EB-5 visa project or must be in the process of doing so. Each investment must meet certain capital investment requirements, as well as job creation requirements.
The EB-5 visa program defines “capital” as cash, inventory, equipment, and other tangible property. The program also allows cash equivalents and the indebtedness secured by assets owned by the immigrant investors as capital in this situation, so long as the investors are primarily and personally liable. In addition, the assets of the new commercial enterprise named in the form cannot be used for securing any of this indebtedness.
When assessing the amount of capital invested for this purpose, the USCIS uses U.S. dollars at fair-market value. Immigrant investors are also required to prove that they legally own the capital. This may include a promissory or promise to pay under certain circumstances.
Additionally, the filing date and investment location determine the minimum investment required by the investor. Foreign investors who filed a petition before Nov. 21, 2019 were required to invest a minimum of $1 million unless they selected a targeted employment area. If they have selected a targeted employment area, the minimum investment drops to $500,000.
Petitions filed after Nov. 21, 2019, require a minimum investment of $1.8 million, except in targeted employment areas where an investment of $900,000 stands as the minimum amount accepted.
Adjustments occur every five years and correlate with inflation. Targeted employment areas tend to be rural areas or those with high unemployment. Investors must make certain they meet the requirements, or the agency will reject the application. It is best to obtain the help of a qualified professional or facilitative body to ensure your I-526 application is accepted. (2)
Job Creation Requirements
Individuals seeking to obtain an EB-5 visa need to invest this capital in a new commercial enterprise creating full-time positions for a minimum of 10 qualifying U.S. citizens. Members of the investor’s family or non-immigrant workers do not qualify. For commercial enterprises outside of a regional center, the new enterprise must serve as the employer. Its wholly owned subsidiaries count as an employer in this situation.
This requirement is eliminated for investors who establish a new enterprise within a regional center. Securing the Eb-5 visa requires the investor to create full-time positions directly or indirectly. Doing so directly means the commercial enterprise employs the individuals full-time. The in-direct method involves creating new jobs outside of the commercial enterprise, but must exist due to the enterprise being created.
A third option focuses on troubled businesses. With this option, the foreign investor places the money in a third-party business with the understanding that the number of existing employees in the business will remain steady or rise for a minimum of two years. All other requirements must be met regarding this business. For example, the business in question needs to be at least two years old and show a net loss of at least 20 percent for the previous 12 to 24 months.
It is important that investors understand all requirements before committing to an option. The USCIS offers definitions of a qualifying employee, full-time employment, job-sharing and more, so review these before proceeding. Foreign investors must meet all criteria before the application process begins.
Documentation Required to Obtain an Investor Visa
When applying for an I-526 petition, investors must provide certain documentation. Paperwork related to the project or business should be submitted. This may consist of articles of incorporation, business certificates issued by the state, limited partnership or joint venture agreements, or merger and consolidation certificates.
Evidence of the investment must accompany the application so long as it sufficiently demonstrates the investment. Bank statements, promissory notes, security agreements and mortgage statements serve as adequate proof of investment.
However, the USCIS requires more than proof of the investments. The investor must also show they gained the funds by lawful means. To provide proof of lawful activity, the investor must provide tax returns from the past five years, security statements when funds come from other investments, pay stubs, or bank account statements.
A business plan outlining the personnel required for the project must accompany the application. If the project does not create 10 full-time jobs for qualifying citizens within the United States, the application will be denied.
Finally, the investor must take a position within the company, handling day-to-day operations or serving in a senior leadership position. The agency accepts corporate documents, a description of the duties, or statements as proof of the investor’s role in the commercial enterprise. (3)
Completing the I-526 Application
Individuals filing alone may find it difficult to complete the I-526 application without help. The USCIS website provides detailed instructions clarifying every part of the application. Additionally, the help of an immigration attorney registered in the United States or regional center such as EB5 Fast can help expedite the application process. The attorney will assist investors with filling out the form, regularly reviewing the application for completeness, while ensuring all necessary documentation accompanies the application. The I-526 petition should be submitted to a USCIS lockbox facility.
If the USCIS finds an application incomplete, the petitioner will receive a Request for Evidence. This will significantly delay the approval process and could result in a refusal, which is why it is recommended to seek an application review from a qualified professional. (4)
Occasionally, the USCIS may require the original of a document submitted as part of the application process. This original document is returned to the applicant once it is no longer needed. The agency also retains the right to request an interview with the applicant for any reason. The petitioner must appear at a USCIS office for this meeting, and the agency may require the applicant to provide a photograph, their fingerprints, or a signature for identity verification or to update security and background checks.
What Does It Cost to File an I-526?
Investors must submit the I-526 petition along with a filing fee of $3,675, and pay these fees via money order, cashier’s check, or personal check payable to the U.S. Department of Homeland Security.
Individuals filing at a USCIS Lockbox facility can pay by credit card using Form G-1450, but service centers do not accept credit card payments. (5)
The USCIS website states that the filing fee is not refundable, no matter what USCIS does in regard to the petition. Payment must be drawn on a U.S. bank or other financial institution and be payable in U.S. currency to the U.S. Department of Homeland Security. Additionally, initials cannot be used for the payment of the filing fees; the agency name must be written out in full.
The filing fee is separate from the investment amount required under the program. For example, a person investing $1,000,000 must have these funds available for the project and an additional $3,675 for the filing fee. The fee cannot be deducted from the investment amount.
I-526 Processing Time
Investors must anticipate an I-526 processing time of anywhere from 29.5 to 44.5 months. This accounts for the time required after the USCIS receives the petition. The agency processes cases in the order received, and the estimated time frame provided above is derived from recently gathered data.
Applicants can inquire about their case on the USCIS website. Incomplete applications take longer to process and could lead to a rejection or refusal of the application. (6)
The I-526 petition begins the process of becoming a United States resident, but additional steps must be taken before the investor becomes a permanent resident or citizen. While the investor lives and works in the United States, their status isn’t permanent, and they will not qualify for citizenship until they complete the additional steps.
Speeding Up the Processing Time for I-526 Petitions
Fortunately, there is a way to reduce the I-526 processing time associated with obtaining an EB-5 visa. The Tryon International Equestrian Center through the Appalachian Regional Center allows them to do exactly this.
The Tryon International Equestrian Center project is the only investment eligible for expedited I-526 processing through the USCIS. The equestrian center has been determined to be in the national interest of the United States, so the agency is working with investors to accelerate its advancement.
Who is Eligible for I-526 Processing?
Foreign investors who meet all criteria as stated by the USCIS may apply for the I-526 form.
Certain countries continue to have a visa processing backlog, including China, Vietnam and India. Individuals born in these countries may find they cannot use the expedited processing option to obtain their green card. Others, however, often find this is the quickest way to obtain their EAD work authorization if they are already living in the United States on a non-tourist visa. I-526 expedited processing also allows them to keep the EAD authorization while waiting for the green card.
Investors who take advantage of the EAD authorization opportunity find their processing time decreases significantly. In June 2018, investors moved through this process in only three months while standard processing times averaged 25 months. Investors born in countries that are considered potential near-term backlog countries must take this into consideration for the best chance at timely approval.
Tryon International Equestrian Center Development
The Tryon International Equestrian Center attracts many investors because it serves as a new economic cluster within the United States, with a focal point being a world-class equestrian center. Spanning 1,600 acres, the development includes restaurants, golfing, a sports complex, manufacturing, hospitality, agri-business and retail centers.
Additionally, condominiums and customer homes make up many of the more than 800 building sites in the development. Considered one of the world’s premier equestrian venues, the project serves as home to high-profile equestrian events and family entertainment since its opening in June 2014.
The current project expands the resort experience while making the development the most comprehensive center for equestrian-related activities in the world. Individuals spend $100 billion each year on equestrian-related activities, and this facility has been awarded the American Eventing Championships for three years running.
By June 2017, more than $160 million had been invested in this project and the borrower obtained a completion guarantee. For every investor who takes part in the project, 18 jobs are being created, raising the chances investors who choose to take part in the project will obtain a green card, assuming all other criteria are met.
What Happens After an I-526 Petition is Approved?
Applying for an I-526 begins the process. Once the USCIS approves the petition, the investor must take one of two steps:
They either file an Application for Immigrant Visa and Alien Registration with the U.S. Department of State, or the Application to Register Permanent Residence or Adjust Status with USCIS.
The State Department handles EB-5 visas abroad when an investor seeks admission to the United States. The USCIS handles applications involving individuals within the United States.
When the appropriate agency approves the request, the EB-5 investor and immediate family members receive conditional permanent residence for a two-year period. Prior to the second anniversary of admission to the country, the investor is required to file form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This step takes place within the 90 days prior to this two-year anniversary. If this petition is approved, the USCIS removes the conditions associated with the lawful permanent resident status, which also applies to dependents included on the application.
Penalties
The EB-5 investor program is not an easy way to bypass normal immigration methods. Any individual who knowingly and willfully provides false information on the application or conceals a material fact will have the application denied. The same holds true for any individual who submits a false document with this form. In addition to denying the application, the agency retains the right to deny any other immigration benefit. In this instance, the individual may also face severe penalties as allowed by law and could be the subject of criminal prosecution. Signing and submitting the petition is done under penalty of perjury. (7)
I-526 Begins Process of Obtaining an EB-5 Investor Visa
The EB-5 investor visa opens the door to individuals abroad willing to invest in an approved EB-5 project. The investor benefits by easing the path to permanent residency or citizenship within the United States, and the country benefits from the investment of foreign funds into a U.S. project.
Form I-526 begins the process of obtaining an EB-5 visa because it confirms the applicant’s eligibility for the program. With this form, the USCIS can validate the investor’s capital that will be used for the approved project.
Any individual interested in this project may learn more from EB5 Fast, a part of Tyron International Equestrian Center Development and the Appalachian Regional Center.
References
- U.S. Citizenship and Immigration Services
https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-eb-5-visa-classification
- U.S. Citizenship and Immigration Services
https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/about-eb-5-visa-classification - Stilt
https://www.stilt.com/blog/2019/08/i-526/ - Stilt
https://www.stilt.com/blog/2019/08/i-526/ - Stilt
https://www.stilt.com/blog/2019/08/i-526/ - U.S. Citizenship and Immigration Services
https://egov.uscis.gov/processing-times/ - U.S. Citizenship and Immigration Services
https://www.uscis.gov/sites/default/files/files/form/i-526instr.pdf
