EB-5 INVESTMENT

HOW IT WORKS

The EB-5 Immigrant Investor Programme rewards foreign investors and their immediate families (children up to age of 21) with a path to U.S. citizenship in exchange for a $500,000 job creating investment into a new American business or real estate project. Administrative fees of $50,000 and legal fees also apply. Since the program’s inception, hundreds of Indians , including their families, have taken advantage of the programme and enjoy the many benefits of  American residency.

The EB-5 program affords high net-worth and ultra-high net-worth investors the opportunity to:

  • Immigrate permanently to the U.S. to retire or set up a business;
  • Enable their children to study at top American universities at decreased “in-state” tuition rates;
  • Secure a second passport and the assurances that come with that.

Whatever your reason for wanting U.S. residency, LCR Capital Partners has the expertise and know-how to help you manage each step of the application process. LCR will support you in making the right investment opportunity that will provide you with the required job creation requirements, while protecting your capital.

As a private equity investment firm, LCR Capital Partners is able to deploy EB-5 investments as growth capital through a pooled fund that invests in a well-established U.S. franchise industry, in the quick service restaurant (QSR) sector, or alternatively, investors can gain exposure to high-quality American real estate and hospitality projects.

LCR’s current portfolio of funds provides investors with opportunities in a premiere hospitality brand, the Four Seasons Hotel and Private Residences (The Surf Club). The Surf Club is an iconic Miami Beach property that was frequented by affluent stars and politicians including Frank Sinatra, Grace Kelly and Winston Churchill.

The U.S. government created the EB-5 Immigrant Investor Visa Programme in 1990 to encourage foreign investment in U.S. businesses. In exchange for investing in a business that creates jobs for U.S. workers, foreign nationals and their families can become permanent residents of the United States. The program was signed into federal law in 1990 by President George H.W. Bush, and was re-authorized by U.S. Congress in 2012 with a near unanimous, bi-partisan vote. Since then, the program has received a number of short-term extensions.

The United States Citizenship and Immigration Services (USCIS) administers the EB-5 programme and approves EB-5 Regional Centres, such as LCR’s Overseas Regional Centere, to attract foreign investment into the United States.

There are specific requirements that foreign investors must meet to qualify for the EB-5 program. These include:

Investing the right amount of money: A $500,000 investment in a new business or real estate project must be made for a minimum of 5 years, after which the investment is returned with interest. LCR currently is accepting investors in the Four Seasons Hotel and Private Residences (The Surf Club) project. 

Creating jobs for Americans: The investment has to create at least 10 full time positions for American workers.

Being open to background checks: Investors will have to undergo a full background check to provide proof that there have been no criminal convictions, no history of financial fraud or other violations that are standard in the U.S. immigration process.

Providing proof that the money backing the investment comes from credible sources:

USCIS requires clear and legitimate documentation be provided to show that the source of funds backing an investment came from legal sources. These can include: salaries, gifts from family or friends, profits made from the sale of assets or real estate or a loan from a reputable organization.

LCR Capital will begin the process straight away. Within 4-6 weeks of initial contact with LCR Capital, investors can expect to have filled out a complete Investor Questionnaire, signed a non-disclosure agreement to review the offering materials and engaged an immigration attorney to complete the source of funds documentation.

Once the investor has reviewed the confidential offering materials and decided to proceed, the investment amount is wired into the Escrow Account.

You will then submit an I-526 Petition to USCIS, which demonstrates that you are in the process of investing or have already invested the required capital in a suitable EB-5 project.

Participants can expect the review and approval of the I-526 within 15-16 months after submission. The criteria for approval would include:

  • Confirmation of the required amount invested in the new project.
  • Proof that the investment will lead to the creation of 10 or more U.S. Jobs
  • Confirmation that the investment funds were lawfully sourced.

If all of this is in order you will be invited to the closest U.S. Consulate for a standard interview. It usually takes a couple of months after the interview to receive your conditional green card which allows you to enter the U.S. as a permanent resident. You will need to enter the U.S. within 180 days of approval. If, for some reason, your application is denied at the I-526 stage, LCR will return the funds invested in full.

The conditional green card becomes a permanent green card after 2 years, provided the following conditions are met:

  • Filing of the I-829 petition which must be done 90 days before the end of the two year conditional residency period.
  • Proof that the required number of jobs were created by the investment.
  • Proof that you sustained your investment in the project.

LCR Capital takes great steps to ensure that an investors’ funds are not exposed to any unnecessary risk.* The capital invested gets returned with nominal interest after five years upon I-829 approval. The benefits and risk mitigation strategies include: 

  • Investment into a secure and established industry: LCR only offers investment opportunities featuring the highest credit quality.
  • Diversification: LCR’s unique opportunities offer EB-5 investors the chance to invest in a project that has a tremendously high job-creation count.
  • Trust and security: LCR works only with top brands and experienced, proven operators and developers.
  • Transparency: You can be assured of regular reporting and independent auditing.
  • A structured investment exit: LCR’s secured loan investments will have a defined maturity date, providing the borrower with strong incentives to repay the loan after five years and the EB-5 investor with a clear maturity timeline and security of collateral.

 

*EB-5 regulations expressly prohibit the guaranteed return of the EB-5 investors’ principal investment amount.