Frequently Asked Questions
Why invest through EB-5?
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How do I apply for an EB-5 Visa through BayPointe EB-5 Regional Center?Contact us. We will quickly respond to provide you with all necessary information needed to get started.
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Do I have to speak English?No.
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Do I have to be in good health?Yes, the investor and qualifying relatives must prove they do not have any diseases and are in good health.
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Is there a required level of education or business experience?No, our BayPointe team is packed with experience and commitment to your EB-5 process.
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Who all can an investor bring with him/her?Beside himself or herself, the investor can bring any qualifying relative. A qualifying relative is a spouse, as well as any unwed children under the age of 21.
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What investment amount is required for an EB-5 Visa?The investor must invest $1,800,000. This investment can be reduced to $900,000 when the development is in a Targeted Employment Area (TEA).
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What is a Targeted Employment Area?A Targeted Employment Area is either a rural area or an area with a high unemployment rate. Local government authorities designate these areas.
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What is typically the biggest obstacle to investors?The biggest obstacle is proving that the investor’s source of funds was lawfully gained.
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What constitutes that the investment was lawfully gained?Lawfully gained indicates that the money has been obtain via an investment, lawful business, sales of property, gifts, job salary, an inheritance, or other lawful ways to obtain money. As well, all proper taxes must have been paid on the source of funds. Licensed accountants, attorneys, court statements, tax statements, salary statements, and other documentation will be used to help prove the money comes from lawful means.
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What are the job creation requirements?The money provided by the investor must create a minimum of 10 full-time jobs. It is important to understand that it is an advantage to use a regional center, because the regional center can include “indirect” jobs created by the project, whereas a much more difficult 10 “direct” jobs is required otherwise.
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Where does my money go when I use BayPointe EB-5 Regional Center?Once a subscription agreement is signed the $500,000 plus administration fees will be wired into our escrow account. The $500,000 will be held by the escrow agent and released into the project once the escrow account agreements are met.
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Aside from the investment, are there any additional fees?Administrative Fees will apply. Each project may vary. Please contact BayPointe EB-5 Rgional Center for a current list of fees.
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Is the investment guaranteed?A regional center must not guarantee a return of the principal investment. This is specifically stated by the USCIS and is grounds for rejection of an EB-5 visa.
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Can money gifted from relatives be used in the EB-5 investment?Yes, gifted money can be used as long as all gift tax is paid. As well, the money must be fully gifted, and cannot simply be gifted to the investor and returned to the gift giver once the green card is granted.
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Who helps the investor process the paperwork?Throughout the entirety of the process, the investor works closely with a skilled immigration attorney. Help from the immigration attorney includes demonstrating money is lawfully gained, gathering needed information and documents, and submitting documents such as the I-526, I-485, and I-829.
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What is a “Conditional” Green Card?A conditional green card is only valid for two years. Prior to 90 days of expiration of this visa, the investor must apply to have the “conditional” status removed. Once it is removed in is now an unconditional green card and has no expiration date.
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What differs permanent residence from citizenship?Citizenship adds benefits such as the right to vote and hold public office. Citizenship for someone who was not born on US soil is obtained though “naturalization”. A person becomes a permanent resident by obtaining a green card. This is the first step in the naturalization process. The green card must be obtained for 5 years, and physical presence in the United states for 30 months in the past 5 years is required when submitting the naturalization application.
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Is anyone from any country eligible?Yes. The EB-5 investor visa program is available to people from any country. The investors that find the most difficulty are those who come from nations with unreliable tax laws and have trouble proving a lawfully gained source of funds.
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