Frequently Asked Questions
The EB-5 Investment Visa Program is the immigrant visa category for foreign entrepreneurs and investors like you. Through the EB-5 Immigrant Investor Program, a foreign national can obtain lawful permanent resident (LPR) status in the United States for himself/herself, a spouse and unmarried children under age 21, in return for making a qualified investment in a U.S. enterprise.
Traditional EB-5 investments require that the investor demonstrate that the required 10 full-time jobs were created directly by the commercial enterprise in which the investment was made. In contrast, EB-5 investments made through a Designated Regional Center, receive credit for jobs created both directly and indirectly, which benefits the applicant by reducing the risk associated with job creation. About 95 percent of all EB-5 investments are made through a Designated Regional Center. You can find more information about the Centers at the United States Citizenship and Immigration Services (USCIS) website here: http://www.uscis.gov/eb-5
A Designated Regional Center is an entity or economic unit, public or private, approved by the United States Citizenship and Immigration Service (USCIS) to facilitate the pooling of capital by multiple EB-5 investors. Each Designated Regional Center focuses on a specific geographic area within the U.S. and seeks to promote economic growth and creation of new jobs in that area. Importantly, making an investment via a Designated Regional Center provides EB-5 investors with two key benefits:
- The ability to invest alongside other EB-5 investors in a pooled vehicle, such as a limited partnership sponsored by the CDRC; and
- The ability to receive credit for both direct and indirect jobs created as a result of the EB-5 investor’s investment.
As an EB-5 investor, you may have many reasons for seeking permanent residency in the United States through the EB-5 Immigrant Investor Program. You may be seeking economic opportunity, educational opportunity for yourself or your children, or retirement in the U.S. Obtaining an EB-5 visa through the EB-5 Immigrant Investor Program provides you and other investors the opportunity and flexibility to live and work permanently in the U.S. Investments with Civitas are generally available only to accredited investors. For more information about the requirements to qualify as an accredited investor, please contact us.
No, not in the day-to-day management. However, EB-5 regulations do require you the investor to be involved in management or policy-making in the enterprise. Our EB-5 investments are structured to comply with this requirement. As a limited partner in a limited partnership that is properly structured and conforms to the Uniform Limited Partnership Act, you will be sufficiently engaged in the EB-5 enterprise to meet this requirement.
EB-5 regulations require that all invested capital be “at risk” of loss. Therefore, no investment can be guaranteed – that is, without risk – if it is to qualify as an EB-5 investment. “At risk” generally means subject to normal business and financial risk. Other risks include the enterprise’s failure to meet the direct or indirect job creation requirement. While no investment can be guaranteed, Civitas investments are structured specifically to minimize your risk to the greatest extent possible. These and other risks are described in detail in the documentation provided for each investment.
While every investment is subject to different terms, most of our investment partnerships have a projected life of 5-7 years.
Yes, Civitas is happy to arrange such visits on a case-by-case basis provided enough notice is given to schedule a visit.
A Green Card is not “guaranteed.” No one can ever guarantee the outcome of any visa application or petition; it is solely up to USCIS to adjudicate. The key is to have a well-prepared petition crafted by competent, legal counsel that is experienced in EB-5 visa matters in order to create the best opportunity for success.
- Your principal investment of $500,000
- Civitas administrative fee
- Immigration attorney’s fee
- Filing fees to USCIS (cost may vary depending on the number of family members)
- Additional professional help, such as tax advice, translator, etc.
No, it is important for you to have independent legal counsel representing your interests. We would be happy to recommend an experienced EB-5 immigration lawyer who can competently handle EB-5 applications. However, you will ultimately choose the attorney who will represent you.
Civitas does not file any immigration petitions. However, Civitas will work hand in hand with your immigration attorney. Civitas requires all investors to secure their own independent legal counsel to file the immigration paperwork and complete the applications for an EB-5 investor visa. Civitas will provide documents in support of the investor’s I-526 and I-829 petitions to the attorney of the investor’s choice. In order to maintain quality consistency across applications, Civitas’ immigration advisors will review all investor’s petitions prior to filling.
Civitas reviews all draw requests to make sure funds are being spent in accordance with the original budget and the project is proceeding as planned. We use independent inspection firms to verify work has been completed prior to releasing any funds; we also conduct onsite visits to confirm progress. By closely monitoring construction expenditures and other relevant metrics, we are able to estimate job creation in real time and ensure that this is also progressing as planned. Reporting to investors like yourself on the status of your investment is a critical component of what we do here at Civitas. Every quarter we will send you reports with construction progress, job creation and other relevant information. Once construction is completed, we continue to report on the project’s performance until the investment is concluded. In addition to quarterly reporting, our team is always available to answer any questions you may have about your investment.