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EB-5 Visa Matters FAQs

EB-5 VISA MATTERS FAQ’s

1. What is a Designated Regional Center?

An entity, organization or agency that has been approved as such by USCIS;
Focuses on a specific geographic area and industries within the United States; and
Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

2. What is an ‘investor holdings’ account, and when does the investor transfer the money to this account?

An investor bank account is a legal, interest-bearing account established in an FDIC bank to hold the initial deposit in the trust or “escrow”until the completion of visa processing. This type of account is commonly used in the sales of real estate, businesses and personal property. CFIG’s projects are all structured with the investor holdings account to safely hold an investor’s funds at a federally insured bank in the United States. Under the agreements entered into with the servicing affiliate, the investor’s investment money is not authorized to be released from the investor holdings account by the bank until the investor’s I-526 Petition has been approved or denied. Many projects have no investor holdings account or escrow account. The investor should be extremely careful with it.

3. How does the ‘investor holdings’ account protect me against the risk of losing my money?

The initial cash deposit from the investor is placed in a legal, interest-bearing investor holdings account. When an investor holdings account is established, the funds continue to belong to the investor; however, they are committed to be placed into the EB-5 investment project upon Form I-526 approval.

4. What issue has caused the most problem when applying for an EB-5 visa?

The most common problem area 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. USCIS case examiners require a well-documented source of funds application. Professional assistance from a certified public accountant or tax attorney is recommended.

5. After petition approval, can members of the family interview in different countries?

Family members can interview in different countries. The country of origin or where the family has current ties is the standard interview site. 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.

 

 

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