Frequently Asked Questions
Below are the most common queries of our applicants. Kindly go through them first for your concerns, and should you not find them, kindly contact us.
Most frequent questions and answers
General
Migrationists is a SEC registered company incorporated as green card and immigration consultants, and is the Philippine office of the Houston EB5 Regional Center (HEB5) and E2 Works.
In 1990, under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. I.S 1153(b)(5) the US Congress created the fifth employment-based preference (EB-5) immigrant visa category. Each year, the provision grants 10,000 immigrant visas to qualified individuals seeking permanent resident status on the basis that their investment in a new commercial enterprise will benefit the US economy.
To encourage immigration through the EB-5 program, U.S. Congress created the Regional Center Pilot Program in 1993. The program specifically sets aside 3,000 visas each year for foreign investors who apply through a United States Citizen and Immigration Services (USCIS) designated Regional Center. An investor seeking an EB-5 immigrant visa in a well developed area must generally make a qualifying investment of $1,800,000 USD.
For businesses in rural areas or in Targeted Employment Areas (TEA) with higher-than-normal levels of unemployment, investors applying for an EB-5 visa may qualify with a lesser investment of $900,000. Additionally, the foreign investor must demonstrate that the investment created at least 10 U.S. jobs through direct, indirect, and induced effects. Green Card Fund specializes in EB-5 projects in Targeted Employment Areas that create jobs in excess of the USCIS requirement of 10 jobs per investor.
Houston EB5 Regional Center (HEB5) is the United States Citizen and Immigration Service (USCIS) accredited, authorized and approved EB5 vehicle to offer you an investment to become a limited partner in their developments which will make you eligible to apply for an EB5 visa.
You can check out the official USCIS website here: https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/immigrant-investor-regional-centers. Copy and paste this ID in the search bar: ID103191005 or type Houston EB5 Regional Center so you can see that we are officially listed and operate legally under the USCIS.
A Targeted Employment Area, or TEA, is a geographic area in the United States which is either Rural (has a population of less than 20,000), is not part of an MSA, or has an unemployment rate that is 150% of the national average.
The Regional Center acts as the General Partner of the Limited Partnership and will oversee the interests of all members of the Limited Partnership by being responsible for the day to day management of the Limited Partnership and reporting on the progress of the project.
All of the relevant forms can be found on the USCIS website.
Qualified EB5 or EB-5 Plus investors investing through a Regional Center receive a “conditional” green card valid for 30 months as soon as their i529 application has been approved which will take 18 to 24 months after application, the final step of which is an interview at the US Consulate of their country of current residence. Once the investor gets a conditional green card, they need to enter the US within 6 months to activate it. After having an active green card for 21 months, we file an i829 application with the USCIS to lift the conditions and transform their “conditional green card” into an “unconditional green card” which takes another 6 to 12 months.
No, the USCIS does not require you to speak English in order to be eligible for the EB-5, EB-5 Plus or E2 programs. However, all documents submitted with your EB-5 application (Form I-526) must be English documents signed by the investor. Any non-English documents need to be accompanied by a certified translation.
The investor is not required to have any prior business experience to apply for an EB-5, EB-5 Plus or E2 investment. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirements for the investor are that he or she has the required investment amount from lawfully obtained capital and is able to provide the necessary personal background documentation to the USCIS.
No. You are buying an investment and not a place of residence. The EB-5 visa program allows investors to maintain their Permanent Residency by living anywhere of their choosing within the United States.
Under USCIS regulations, the investor must demonstrate or provide proof that his assets were gained in a lawful manner. This requires the investor to prove his investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means.
Yes, provided that any applicable gift taxes are paid. It must also be demonstrated that the gift is an actual “arms-length” transaction and is not a mere ruse or that the gifted funds will be given back after the permanent resident status is granted.
Houston is one of the best places to live in the US right now due to its high job availability, lower cost of living, lower cost of housing, high ethnicity with the presence of 96 consulates, it makes the area profitable for the developer. There is a growing real estate demand in this area and because job creation and sustainability of those jobs is one of the stringent requirements of the EB5 program, Houston is the perfect place to establish a regional center. Learn more about Houston.
Yes. There is a set allocation of applicants per country and once that quota is reached in your country, either the EB5 application fees go up or the application from your country is terminated. The Philippines has a maximum quota of 700 applicants.
Yes. You, your company or even an institution can invest your funds with us. We give you a pro rated return based on your capital investment. For example, if you invest 30% of the project cost, we will give you 30% of the net profit of the project.
If you are real estate developer, you can even resell our units to your clients as a joint venture for extra profits. The image you will be creating in your geographic market to have an international project, is highly invaluable to the image that your company will be getting as an “international real estate developer.”
Yes you can. Our main business is real estate development so we sell all our masterfully planned units to buyers as primary, secondary, or even investment homes. You are more than welcome to purchase any of our beautiful homes.
Of course you can, and we encourage you to do so. Kindly coordinate with our office your preferred visit dates so we can keep our schedules free for your appointment. You can also let us know if you need any accommodation advice. Airfare, accommodation, and travel expenses are for your account.
Application and Process
Technically, yes, a person from any country in the world is eligible to apply for an EB-5 or E2 visa. However, some countries have less than reliable tax and financial documentation which will require persons from those countries to actively work to provide adequate source of funds authentication to the USCIS.
The most common problem area for investors has been insufficient documentation of the source of funds. Many people try to disclose the least possible information only to have the file returned with a request for further information. It is better to provide too much information rather than too little information. In this era of terror alerts and suspicions about money laundering, USCIS adjudicators require a well-documented source of funds.
Rejection in the past does not disqualify the applicant, unless the reasons are related to immigration fraud or other major problems. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the limited partnership and legal counsel in advance of submitting your application.
The beauty of the EB-5 Regional Center Pilot Program is that there is no such thing as an ideal investor. Foreign investors who participate in the EB-5 or E2 program include people from a wide variety of countries, cultures, and personal or professional backgrounds.
In order to complete the EB-5 process and become a permanent U.S. resident, foreign investors must work through three steps:
- Step 1: USCIS Form I-526 – Immigrant Petition by Alien Entrepreneur. This is your first official step in the EB-5 process after completing your Accredited Investor Questionnaire, choosing a Project, signing all of the proper documents to subscribe to a Regional Center Project, and placing your funds in escrow with the project. The I-526 Application is submitted to the USCIS by your immigration attorney along with supporting documentation that clearly demonstrates that your investment meets all EB-5 requirements.
- Step 2: USCIS Form I-485/Consular Review. After receiving approval of the I-526 Application, investors already residing in the U.S. may submit a completed Application to Register Permanent Residence or Adjust Status (Form I-485) to the USCIS. For investors residing outside of the U.S. – the process is similar but requires the investor to apply for an immigrant visa at the US Consulate in their country of residence.
- Step 3: USCIS Form I-829 – Petition by Entrepreneur to Remove Conditions. One year and nine months after initial I-526 approval, investors can file a completed Form I-829 with the USCIS to have conditions removed from their Green Card and establish permanent residency. With this petition, the investor must demonstrate that the investment was sustained throughout the two-year conditional period and that job creation requirements were met by the project. During this process, the investor is aided by their chosen Regional Center in providing the requisite documentation. Upon approval of the I-829 application, full permanent resident status is given to the investor and his or her spouse and any unmarried children under 21 years of age.
Your I-526 application will take around 18-24 months to process after submission to the USCIS and should you be approved, you will be issued a Conditional Green Card valid for 30 months where you can enjoy privileges and rights given to a conditional green card holder.
After the approval of your I-526 application, you will be give a Conditional Green Card for you to enjoy the rights given to a conditional green card holder. After having an active conditional card for 21 months, we will file a I-829 application to remove the conditions so you can finally get an Unconditional Green Card, which will take another 21 – 24 months as the USCIS needs to monitor the job creation of your investment.
Upon approval of your I-526 Petition, you must wait for notification from the US Consulate in your home country to prepare documents for the visa interview. The purpose of this procedure is to ensure that the investor and his or her family undergo medical, police, security and immigration history checks before conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues as well as information printed on the I-526 application – including asking the investor to summarize the nature of his or her immigrant investment. If the investor and his or her family are in the United States, then you may apply for adjustment of status by filing form I-485 along with supporting documents at the appropriate office of the USCIS.
Family members can get interview in different countries. If you are based in the Philippines, you will be interviewed in the US consulate. Often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin and can adjust status in the United States at the district office of the USCIS.
You may hire an immigration lawyer of your choice or we can recommend someone to you who we have been closely and successfully working with. This would normally cost you an additional $15,000 – $20,000.
You will need to secure a Legal Will for your spouse and children making your family the beneficiaries of your application in case of your untimely demise. This will be submitted to the USCIS so your immigration lawyer can continue to process your famliy’s Green Card application.
If the child is born after you receive permanent residency, of course! If the child is born before the I-526 is filed, then the child is added to the petition as a derivative beneficiary. If the child is born after I-526 approval and before applying for permanent residency, the National Visa Center (NVC) can be notified of the new addition and send the immigrant visa invoice for the baby.
Any national whose country of origin has no threat alert on the US, and any country who has not yet fully exhausted the EB5 quota allotted to their country can apply. Currently, China, Vietnam and India have fully exhausted their quotas and additional new applicants are on their respective countries’ wait lists.
Investment, Fees & Returns
When investing through a Regional Center, the minimum capital investment requirement is $900,000 USD when you select a project in a designated rural area or Targeted Employment Area (TEA). For other projects not meeting these criteria, the capital investment requirement is $1,800,000 USD.
Yes, there is an administrative fee of $80,000 for the EB-5 Plus, $70,000 for the EB-5 standard, and $20,000 for the E2 which covers all the internal costs and fees of your investment and your application, and also for the legal review of your EB5 application by our legal team. Should you decide to get assistance from an immigration lawyer, you will need to source your own lawyer, or we can recommend you one, and that will cost you an additional $15,000 to $20,000.
As the administrative fee and legal fees are a part of your application expense, it is not a part of your investment but an add on that you have to settle.
This is a self liquidating expense to you as you are given a 10% to 23% total preferred return on your investment upon maturity, which covers the administrative fees and expenses of your EB5 or EB5 Plus application. In essence your cost for the EB-5 Green Card will be very marginal.
For the E2 visa however, no returns are given for your investment. It acts like a security deposit for your stay in the US and we will refund your deposit back when your visa expires if you wish not to renew it.
No, the administrative fee is a service fee to facilitate your Green Card application that covers reporting, facilitating your application, regional center compliance costs, and a legal review of your documentation by our legal team. Similarly, the legal fee of your chosen immigration attorney of $15,000 – $20,000 is not a part of your investment as it is also an expense to process your application. Both administrative fee and legal fees are add ons to your investment as expenses. And because it is an application expense and not an investment, it is not interest bearing.
An Escrow Bank Account is a legal holding account established in a reputable bank. This type of account is commonly used in the sale of real estate, businesses and personal property. In order to comply with the requirements of EB-5, an investor must transfer the $900,000 capital investment amount to the Project Escrow Account before filing their I-526 application for an EB-5 visa. Part of the application process requires the investor to prove that the investment amount has been invested in the United States. Typically, proof of invested capital consists of Wire Transfer receipts and Confirmation of Funds letters issued by the bank.
The initial cash deposit from the investor is placed in an Escrow Bank Account. When an Escrow Bank Account is established, the funds continue to belong to the investor. The attorney or bank has an agreement with the investor that allows the funds to be released from the account only after the investor’s I-526 petition has been received by the USCIS.
A second protection is also put in place so the bank pays the project contractor directly on a progress bill of payments. The escrow bank makes sure the contractor complies with phases and specifications of the project before the funds are released to them. The developer never gets a hold of your investment. You are ensured that all your funds are properly managed by the escrow bank and are used solely for the project you invested in.
Usually the investor pays for the escrow to protect their interest. In this case, the escrow is free to make the application as easy and as hassle free as possible.
Your funds are in escrow with Green Bank until the USCIS accepts the application of the investor. This is the Green Bank profile from Bloomberg.
Once the USCIS accepts the application, Green Bank transfers the funds to Bank OZK to manage the funds by releasing the funds to the contractor through progress billing. This is the profile of Bank OZK from Bloomberg.
In the event of getting denied, your entire investment will be returned to you within 180 days in the form of a check or a bank wire, whichever you prefer. This will include all unpaid interest earnings, that will be prorated based on duration, on top of your investment.
Your administrative and legal expenses are not a part of your investment.
Depending on the project you invest in, your capital will be returned to you within 4-7 years depending on the project you choose. You will enjoy a 12% preferred return when your investment term matures. This is higher that any bank savings rate or any treasury bill with the bonus of a highly valuable US Green Card at the end of the term.
Aside from the priceless benefit of getting a Green Card and US Citizenship for your immediate family, you will be given a 10% – 30% return, depending on your chosen program, which will be paid to you either thru check or bank wire. Aside from that, all the investors for a particular eb-5 standard project will get to share with each other 2% of the net profits of the entire project. So if there are 50 investors in a project, each investor is entitled to an additional 0.04% of the entire net profit of the project. These earning can help you pay for the administrative fees as well as your immigration lawyer.
The E2 however, has no return and just acts as a refundable security deposit once your E2 visa expires.
No. The beauty of the EB5 is that you can focus on your job, profession and other businesses while your investment is professionally managed by the experts. According to USCIS regulations, investors acting as limited partners in a limited partnership that conforms to the Uniform Limited Partnership Act are deemed to be sufficiently engaged in the EB-5 project. This means that as a limited partner, investors are not required to actively participate in the management or operation of the new commercial enterprise in order to qualify for a Permanent Green Card through the Regional Center Pilot Program.
As of 2019, the investment amount have been set at $900,000 and $1.8M depending on your investment type. The senate reviews the EB5 yearly and convenes to increase the fees or retain it depending on the influx of migrants or ethnic undesireables ( terrorists, business monopolizing ethnicities and etc.). Regardless of whether the senate increases the fees, your investment amount is locked in at the moment the USCIS receives your application
Green Card & EB5
The investor, spouse, and all unmarried children under the age of 21 are eligible to receive Green Cards through the EB-5 program.
Don’t worry. You will have the power and the privilege of a resident to petition your adult child once you get your green card. You can also gift them with an EB5 visa if you want a quicker alternative.
The first requirement of any EB-5 investor after they receive the visa at the United States overseas consulate office is to enter the United States within 180 days of visa issuance from the consulate. The investor must then establish residency in the United States. Evidence of intent to reside includes opening bank accounts, obtaining a driver’s license or social security number, paying state and federal income taxes, and renting or buying a home. The United States resident may work overseas if required based upon the nature of the business or profession. To safeguard your Green Card, you must enter the US every 6 months or you would be deemed to have abandoned your Green Card. You can enter Guam as it is the nearest US territory to the Philippines.
Once you obtain a Green Card through the EB-5 and become a permanent legal resident, you have most of the rights and obligations of U.S. citizens, except that you cannot vote and are not entitled to certain public benefits. You are subject to the same tax filing requirements and entitled to the same tax rates and deductions as U.S. citizens.
One of the most important rights legal permanent residents possess is the right to apply for U.S. Citizenship after residing in the United States for five (5) years. There are two ways to become a U.S. citizen. One is by being born in the U.S. or being born to a U.S. citizen. The other is by way of naturalization. The first step in becoming a U.S. Citizen through the naturalization process is to become a Legal Permanent Resident (LPR). Being an LPR for 5 years is one of the basic requirements necessary to qualify for naturalization. A second requirement is maintaining a physical presence in the U.S. for a minimum of 30 months during the 5 years prior to the submission of your application for naturalization. Once you are naturalized and become a U.S. citizen, you are entitled to additional benefits including the right to vote and hold public office.
Under USCIS regulations, an investor who gets approved for an EB-5 investor visa receives a conditional Green Card that is valid for 30 months. One year and nine months after the conditional Green Card is issued, a three-month window opens up during which an investor files another application with the USCIS to verify that all funds have been invested and that job creation requirements have been met.
When the conditions are removed from the temporary Green Card, full resident status is granted and a permanent unconditional Green Card is issued to the investor. Otherwise, the two cards offer the same rights and privileges.
Qualified investors investing through a Regional Center receive a “conditional” green card valid for 30 months as soon as their i526 application has been approved which will take 18 to 24 months after the initial application. Once the investor gets an unconditional green card, they file an i829 application with the USCIS to lift the conditions and transform their “conditional green card” into an “unconditional green card” which takes another 21 to 24 months.
There are many benefits to obtaining a U.S. Green Card. Each person has his or her own reasons for wanting permanent residence in the United States, and having a Green Card provides many benefits that help investors to accomplish their goals. Some of the benefits of securing a U.S. Green Card include:
• All legal permanent residents under the EB-5 Investor Program enjoy the same rights and benefits as every other lawful resident of the United States.
• The U.S. is a safe harbor for your family as well as for your personal and business assets. Any member of your family with a Green Card can enter the United States at any time and stay as long as he or she wishes.
• EB-5 investors holding Green Cards have access to the United States for personal, trade and business purposes.
• Permanent residents travel to the U.S. without the need of a visa.
• EB-5 investors may work, live, or own their own businesses anywhere in the United States.
• The cost of living in the U.S. is less than most large industrial nations. Consumer goods, services, and housing are significantly less expensive than comparable services and goods in most other countries.
• The U.S. has internationally recognized colleges and universities for both undergraduate education and graduate study. As a permanent resident, EB-5 investors can benefit from lower tuition costs associated with U.S. residency.
• University applicants who are Green Card holders have a better chance of getting accepted in an ivy league school as they are exempted from the international student quota which is limited to a small number of foreign students and is also very competitive to get into.
• University applicants who are Green Card holders have more financial aid, university scholarship, and state scholarship options than international students.
• Students may work in the U.S. while they attend college and then continue to work afterwards, enabling the student to pay for part of his education and to work while attending graduate and postgraduate studies.
• You can start your children young in investments as they can buy and seek financing for properties or business enterprises as Green Card holders.
• The U.S. provides many financial, social and education entitlements – public schools, health and medical attention, social security, and education.
• The Investor has the ability to petition other family members to the U.S. after proper application, and can obtain U.S. citizenship after 5 years of residing in the U.S.
EB-5 visa holders can start petitioning them as soon as they receive their Unconditional Green Card. They cannot petition any of them if they have a Conditional Green Card.
5 years after receiving your conditional green card, your family can then apply for US Citizenship.
E2 Visa
A National Treaty of Commerce between the US government and the Philippines was signed in September 6, 1955 giving Filipinos the privilege to stay in the United States after setting up a qualified and sustainable business that employs US Citizens. The E2 is NON IMMIGRANT family visa which will cover the spouse and all the children under 21 years of age. Once the children reach 21 years old, they have to go home even if the E2 visa of the parents are still active. This visa is geared towards a legal temporary stay with the opportunity to work and study in the US for at least 2 years while the visa is still active. The E2 has unlimited renewals so long as the business is profitable and employs american citizens.
Your spouse and all unmarried children under 21 years of age can leave for the US in 4 months. This non interest earning time deposit is USD$195K.
You can learn more here from the United States Citizen and Immigration Services site:
https://www.uscis.gov/working-in-the-united-states/temporary-workers/e-2-treaty-investors
Assuming all your documents are complete and have been submitted on time, you are looking at 4 months to pack up and relocate your family to the US. Bear in mind you can only bring your spouse and unmarried children under 21 years of age. However, you are entitled to bring a nanny abroad to take care of your children.
An E2 Visa holder is entitled to bring a nanny abroad as their employee. The nanny must be paid american wages and file american taxes as a foreign employee.
The interview is with the US Consul assigned in the US embassy in your country. You may have a hard time convincing them that your older child / children will nanny your younger ones. The older child / children may have to get another E2 visa.
Your children who reach 21 years of age would have to go back home as they are no longer conisdered as your legal dependents. You may help them get an E2 visa for themselves or get them an EB5 visa.
If you and your family posses an E2 visa and your child is born in the US, your child is automatically granted a US Citizenship.
No. Only your US born child will become a US citizen. If your E2 visa expires and your child / children are still minors, they will have to go back to your country with you. They can go back to the US when they are older for college or for work.
EB5 PLUS
Q1
Taxes & Obligations
Depending on your nationality, the US government under the Foreign Account Tax Compliance Act (FATCA), may require you to pay taxes earned from your home country and the US. Fortunately for Filipino citizens, a tax treaty between the US and the Philippines have been signed obliging citizens to pay taxes from income earned in the Philippines to be payed to only to the Philippine government and income made in the US to be only paid to the US Government. Learn more about the US – Philippine Tax Treaty of 1976 from the IRS website.
Documentation
The US Citizen and Immigration Service requires the following basic documents to be submitted with your i526 application:
- Personal Declaration of Investor on Lawful Origin of Funds (lawyer should review/redact and supervise prior to filing)
- PSA Birth Certificate (plus dependent’s)
- Marriage Certificate (if married)
- Divorce Certificate (if applicable)
- Copies of passport pages in COLOR (plus dependent’s)
- Curriculum Vitae
- Educational credentials (if any)
- Copy of current US visa (if any)
- Most recent I-94 record (if any)
- Five (5) years of personal income tax returns (if not available- must submit statement of why not)
- Evidence of any business ownership in the US and five years of US tax returns (if any)
- Bank Statement for most recent three years where your source of funds are coming from
Aside from that, you would need to collate your documents to prove your source of funds, like any or all of the following:
- Sale of Real Property or Tangible/Intangible Assets
- Sale of Stock or Company
- Loan from financial institution
- Loan from individual (not preferred)
- Rental Income
- Accumulation of Income (from Salary)
- Accumulation of Income (from Dividends)
- Shareholder loan
- Inheritance Proceeds
- Royalties / Trust Proceeds
- Donation (gift)