What Is The Process Of Contributing Stock To An S-Corp EB-5 Investment Visa Requirements

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EB-5 Investment Visa Requirements

Q: I intend to invest $1,000,000 from a foreign investment in an EB-5 investor visa. I am not sure if I have invested correctly for the purposes of the EB-5 investment visa. Can you help? What is allowed under current immigration law? Answer: The rules define “invest” as a capital contribution. An EB-5 investor visa defines a debt financing agreement between you and a new business venture in which the alien acts only as a lender and is not a capital contribution. As a result, you cannot determine the required capital investment if the “investment” is in the form of a loan to the company. As an example, a capital contribution in exchange for a note, bond, convertible debt, duty, or any other indebtedness between you and a business enterprise is not a qualifying investment. The recommendations define capital, which includes: (one) cash; (two) cash equivalents (such as certificates of deposit, treasury bonds or other instruments readily convertible into cash); ( 3 ) equipment; ( 4 ) inventory; (five) other immovable property; and (6) debt secured by assets owned by the alien, such as a promissory note issued by you and payable to a business corporation (provided you are simultaneously personally liable and no EB-5 Investment Visa co. assets are used to secure the debt). In deciding whether the official minimum level of capital has been invested, the capital contributed to the new corporation must be valued at a fair value in US dollars.

Q: Are there other requirements other than showing that you have invested for an EB-5 investor visa? Answer: Yes. You can also establish that the required amount of capital has been put at risk to make a profit on that capital. Mere intent to invest or prospective investment agreements that do not involve current commitments will not be sufficient to confirm that you are actively involved in the investment process. Real commitments of the required amount of capital are required as: (one) deposit of money in the business accounts of the enterprise; (two) purchase assets for use in a US corporation; (3) transfer of assets from abroad for use by a commercial corporation; (four) transfer of funds to a commercial enterprise in exchange for shares; and (five) a loan, mortgage agreement, promissory note, security agreement, or other evidence of an investor loan that is secured by your assets, other than those of the new business venture, and for which you are personally liable. An investment visa will eventually qualify you, your spouse and unmarried children for a green card. The EB-5 investor visa is one of the best ways to get a permanent residence permit in the US. A loan obtained by a company securitized by the assets of the company is not an investment of capital? As defined by the regulations. Also, your personal guarantee on business debt does not make such debt personal. If the assets of the business are the security for the debt, the creditor has the right to sue the company and take ownership of the assets of the business in case of default, even if you personally guarantee the loan. Therefore, your capital is not personally at risk with this arrangement. However, if done properly, it is a great way to get a green card. you cannot receive guaranteed payments from the new business corporation if you owe money to the business for the EB-5 investor visa.

An agreement whereby a new business corporation guarantees an annual return on capital, regardless of whether the business makes a profit, is in fact identical to a bond or other debt, in which the company promises to make loan payments on the capital borrowed by you (while you may suffer the loss of borrowed funds in the event of a business failure, the risk you bear in such cases is no different from the risk borne by a bondholder or any other business creditor). Similarly, a promissory note with a large final payment coupled with an option to sell your interest in the business for a fixed price and a guaranteed return on your cash outlay does not meet the “at risk” component of the rules for the same reasons. . therefore, it is important to be sure that the investment is correct and subject to risk. The EB-5 investor visa does have some strict requirements, but if they are properly documented, you should be able to get an EB-5 investor visa for yourself and your family.

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