EB-5 Green Card Program - At The Doorstep Of Walt Disney World
Lake Buena Vista Resort Village & Spa in Orlando Florida is pleased to announce that the United States Citizenship and Immigration Service (USCIS) in Washington, D.C. has approved its application as a Regional Center. The Resort is the first active Regional Center in the state of Florida.
Foreign Investment Opportunity
This offers an opportunity to foreign investors interested in obtaining permanent U.S. residency to invest $1 million (USD) in the United States and receive a 1/35th interest in a Florida limited liability company which, in turn, will own 70 fully furnished condo-hotel units at the Lake Buena Vista Resort ideally situated just one mile from Disney World.
Green Card Entitlement
These investors will be entitled to apply for EB-5 "Green Card" classification (an employment based immigration program), which upon approval will allow the applicant and his immediate family conditional U.S. residency. Applicants will have to demonstrate the source of their funds and possess a good personal background. They are permitted to live and work anywhere in the United States.
Florida and the U.S. economy will benefit from the creation of ten direct or indirect U.S. jobs per investor and from the infusion of foreign capital to the project. The first phase calls for 35 investors with all three phases totaling 105 investors, thus creating 1,050 direct and indirect jobs in the U.S.
Win-Win For Everyone
We have experienced a very positive, high degree of interest in this program worldwide. This presents a win-win opportunity for everyone. It will be a boon to the state, our country and the investors as well as ensure the health and growth of the Lake Buena Vista Resort.
Immigration Council
The trilingual Fort Lauderdale law firm of Larry J. Behar, P.A. has been selected to submit the Regional Center Designation application. It is the culmination of months of structuring with our economic, business, legal and commercial teams. This platinum project benefits the state as well as future investors to our country seeking a secure alternative in obtaining permanent U.S. residency.
First Offering
Phase One of this Orlando Florida EB5 Project will consist of 70 existing condominium-hotel units that will immediately be placed in an income-generating program. Investment funds will be placed in an escrow account with RBC/Centura Bank. Then, as a service to the applicant, Larry J. Behar, P.A, will file their application for conditional residency. Only after the U.S. Government has approved their application can the bank release funds to the sponsor. All funds and accounts are verified by London Wittie & Company, CPA.
EB-5 Visa Program Summary of Benefits:
- Qualifying investors, their spouse and their minor children (under 21) will be granted U.S. Lawful, Permanent Residency
- No minimum requirements as to age, ability to speak English, employment experience, or education
- Investor and family may live/work anywhere in the United States. Minor children may obtain employment, subject to age, state and governmental laws and regulations.
- Educational benefits including admission to universities at the same cost as U.S. residents
- The EB-5 program does not require immigrant investors to manage their investment on a day-to-day basis.
- After five years, the investor and their family may obtain U.S. citizenship, subject to meeting all immigration requirements, as mandated under the law.
Only a limited number of investor positions are available. Please Contact Us for details, availability, and application.
About the Project
History of Lake Buena Vista Resort Spa & Village
The Lake Buena Vista Resort Village & Spa was conceived as an integrated vacation destination resort superbly located just a mile from the renowned Walt Disney World. The "Village" concept provides visitors with access to everything they could desire in one location. The shopping component of the Resort Village, Lake Buena Vista Factory Stores is comprised of 238,000 square feet of retail outlet stores, which feature national designer and name brands at discounts up to 75%. The factory outlet mall was constructed in phases beginning in 1996 through 2002. Major tenants including Nike, Gap, Tommy Hilfiger, Liz Claiborne, Nine West, Reebok, Eddie Bauer, Waterford Wedgwood and Aerospatiale highlight the 51 outlet stores.
The zoning and entitlements for the resort hotel were obtained in 1999 through an Orange County Roadway Agreement. The agreement provides the Resort Village with a connection to the famous International Drive, which leads to the two million square foot Orange County Convention Center. The approved development plan provides for the eventual construction of 1,875 condo-hotel units and an additional 150,000 square feet of retail, restaurant and entertainment establishments.
The first phase of the resort hotel, consisting of 174 condo-hotel units, was completed in December of 2005. The two 8-story buildings are made up of spacious 2, 3 and 4 bedroom, fully furnished condominiums and 17,000 square feet of retail space, which includes Frankie Farrell's Irish Pub and Grille, Pizza Hut Cafe Express, a state-of-the-art fitness center, game room and pool.
Phase two of construction added two 15-story, high-rise buildings completed in April and October of 2007. Each building contains 152 condos and covered parking garages. The nightly fireworks from Disney World, SeaWorld or Universal Studios can be seen from condo balconies.
Recently completed is the jewel of the Lake Buena Vista Resort Village & Spa, the 6-story Reception and Spa building. Its magnificent lobby includes a lavish, comfortable living room setting. The second floor plans consist of an 8,000 square foot restaurant with outstanding views of the resort aquatic center and water features. Floors three through five offer unique, limited availability two bedroom, two bath condominiums with fully appointed upgrades throughout including stainless steel appliances in the full kitchen and outfitted for in-room spa services. The top floor of this building houses a 9,000 square foot signature health spa and salon, Reflections Spa-Salon.
Reflections Spa-Salon has created a spa menu that speaks to the body's natural instinct to pursue relaxation and internal harmony. The professionally trained staff provides the highest level of service and offers an outstanding array of nail, skin and body treatments and the art of hair design and color. For unparalleled pampering, spa services can be provided in the fully appointed, upgraded 2-bedroom 2-bath condo-hotel units unique to this building.
Another highlight of the Resort Village and getting rave reviews is the 25,000 square foot, Pirate's Plunge Aquatic Center. Creatively designed in the shape of a seahorse, the interactive 7,500 square foot, zero-entry pool is complete with a derelict pirate ship, water slide, and shooting water cannons. Three large spas with rock work and landscaping, poolside tiki bar, interactive water features, loungers, hammocks, and tiki bar provide enjoyment for all ages.
The Village concept provides something for everyone in one location. That's why we say, "Unpack Once and See It All."
Lake Buena Vista Resort Project
The developers of Lake Buena Vista Resort Village & Spa invite you to become lawful permanent residents of the United States!
The United States Citizenship and Immigration Service has APPROVED our Regional Center Designation. This will permit foreign investment in the Lake Buena Vista Resort Village & Spa and allow investors to apply for conditional, lawful permanent resident status with subsequent full residency.
Here's how it works. The United States government has set aside 10,000 visas in an entrepreneur investor category known as EB-5. Few projects across the United States have qualified. We are pleased to announce that Lake Buena Vista Resort is the first to qualify in Florida and will establish a platinum standard in the industry.
Superbly located in Orlando, Florida, the Resort features an operating condominium hotel, shopping, restaurants, signature health spa, and aquatic center with a zero-entry pool. Thirty-five qualified and accredited investors will be able to acquire 70 fully furnished condominiums in the existing towers. These units will be placed in a rental program managed by a professional company and provide monthly cash flow. We anticipate the holding period for the investor to be approximately five years.
In addition, the developer is including spa services at the Reflections Spa-Salon, concierge service whenever you are on site, two weeks free use of a unit for you and your family, unlimited use of the fitness center, aquatic center, and airport limousine service. Additionally, you would receive discounts at the Lake Buena Vista Factory Stores, Frankie Farrell's Irish Pub, golf packages and legal services to assist in the filing of the application. You can stay informed with our monthly newsletters and access to a confidential code on the website exclusive to the investors.
We provide you with aDVD and brochures to show your family and friends. What a unique opportunity...to invest in a project one mile from Disney World, become a resident of the United States and obtain the coveted 'Green Card' in less than one year!
You will need to demonstrate a net worth of at least $1,000,000 USD or income of $200,000 annually for the last two years, a lawful personal history, and the intent to immigrate to the United States. This application can include all members of your immediate family!
About the Business Strategy
The limited liability company (LLC) structure contemplates the most tax-efficient arrangement under Florida law. Investors are encouraged to seek independent, qualified legal tax counsel from a certified public accountant or tax attorney to assess their own situation.
A detailed offering memorandum will be remitted to each investor after registration for review and acceptance. Investors shall be required to subscribe to the contemplated agreements. Each investor shall be afforded a period of fifteen days to review such documentation. Therefore, it is essential that qualified independent counsel be secured prior to commencement of the immigration process.
Advantages
The EB-5 program affords important risk and opportunity. Fundamentally, those two elements are a prerequisite to qualification for the program. The risks as planned relate to the possible loss of administrative fees in the amount of $40,000, or the potential erosion of capital from the LLC in the event of a change in market conditions for the rental of apartment units. The sponsors are also required to demonstrate the employment of ten direct or indirect US jobs per investor within a two-year period.
The sponsors have attempted to facilitate the entire process for the investor. It is streamline, transparent and quick. Investors all need to be accredited, but once so, a professional management team is in place to ensure the day-to-day operations leaving the investor free to pursue his or her own interests.
Financial Security
The program is not free of risk. While a large component of risk is removed by creating a financing debt-free environment, the site is subject to acts of God, market conditions, and other investment risks, which each investor must discuss with independent counsel. Past performance is no assurance of future performance.
Accommodations
Each investor applicant, upon deposit of the administrative fee, is welcome to stay at the resort for two evenings, meet the management team, and enjoy all that Lake Buena Vista Resort Village & Spa has to offer. It is recommended that only after careful review should a long-term investment in the program be made.
The investors are also given a free two-week annual stay at the resort for themselves and their family along with other special services. The management will determine the best time of year for such arrangements although there is significant flexibility.
Amenities
The investment offers many advantages:
- Investor/Member will have 1/35 ownership in the limited liability company which will own 70 fully furnished apartments/condominiums
- Easy access to the Retail Outlet Stores
- Flexible use of the Spa facility and services
- Unlimited use of the Aquatic Center
- Early advisory and priority into any future planned development
- Easy access to on-site restaurants
- Use of the Fitness Center and access to the Lobby Stores
- Lawful, conditional permanent residency in the United States
- Rental program of apartments
- Outlet mall discounts
- Airport limousine service
- Unlimited theme park shuttle service
Exit Strategy
The members of the limited liability company shall decide on the most opportune exit strategy and its timing. At this time, the sponsors are recommending the following options:
OPTION ONE: INVESTORS RETAINING OF INVESTMENT
OPTION TWO: INVESTORS SALE OF INVESTMENT AT FIVE YEARS
OPTION THREE: INVESTORS SALE OF LLC BY MEMBERS (BULK SALE)
While these are realistic projections, only the members at the end of the period will make such management decisions.
Potential Conflict of Interest
Each investor is advised that both the sponsor and immigration counsel may have potential or perceived conflicts of interest due to multiple representations. Each investor will be required to waive such potential or perceived conflicts and is also encouraged to seek independent legal and financial counsel before making any remittances or signing any formal legal document.
About Immigration
United States Citizenship and Immigration Services (USCIS) oversees lawful immigration into the U.S.A. as mandated by the U.S Congress.
The EB-5 Immigrant Investor Program is an opportunity for foreign nationals interested in permanent residency in the U.S. to reside in America.
Basic Requirements of the EB-5 Program:
- The investor must start or invest in an established business or Regional Center in the U.S.
- The investor must invest $1 million USD or $500,000 USD if investing in certain regional centers in targeted employment areas.
- The investor must create 10 full-time jobs for U.S. workers.
General Information for EB-5 Investors:
- No prior business experience is required. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he/she has the required net worth and capital.
- No need to speak English.
- Investor must be in good health.
- Assets invested must be lawfully gained and source of funds identified.
- Money may be gifted by a parent or relative within approved guidelines.
- Husband, wife and any of their unmarried children under the age of 21 are eligible. It is possible for adopted children to be included in the family if adopted under the age of 16.
Process:
- Once approved for the EB-5 immigrant visa, the investor receives a "conditional" Green Card, which must be reissued after two years and is subject to removal of certain conditions.
- One year and nine months after it is issued, there is a three-month window during which the investor must file another application with the USCIS to certify that all of the funds have been invested and employment created in a regional center whether directly or indirectly.
- When the conditional resident status has been lifted, full resident status is granted and a permanent Green Card is issued.
- Once you obtain a Green Card and become a legal permanent resident, you have most of the rights and obligations of a U.S. citizen, except that you cannot vote and you are not entitled to some public benefits. You are subject to the same tax filing requirements, tax rates and deductions as U.S. citizens.
- One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenship after five years.
Frequently Asked Questions
Section 1: EB-5 Visa General Information
Questions:
1. How many immigrant visas are allotted for this classification?
The EB-5 program allots 10,000 visas per year for aliens and family members whose qualifying investments result in the creation or preservation of at least ten (10) full-time jobs for U.S. workers. 5,000 immigrant visas are set-aside for aliens who invest in designated regional centers, areas of high unemployment or other qualifying areas.
2. What is the history of the EB-5 visa category?
The EB-5 visa category started in 1991. Regional Centers started in 1993. During the mid 1990-‘s several companies competed for investment capital from foreign investors for the EB-5 program. Most of the companies didn’t offer sound investment opportunities and did not raise the full one million dollar investment capital or hire the required number of employees.
INS wanted to stop these abuses of the program, this involved law suits and the EB-5 program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect the pre-1998 investors. Also, in a case commonly known as “Chang” in the 9th Circuit Court of Appeals ruled that INS may not apply their new rules retroactively. In August of 2003, INS began approving regional center petitions for the first time since 1998.
It is now common knowledge that EB-5 immigration petitions based on sound investments in designated regional centers for the full one million dollars as prescribed by the rules, with the proper supporting documentation, should be approved.
3. What are some of the benefits of the EB-5 visa program?
- Qualifying investors and their spouse and minor children (under 21) will be granted US Lawful Permanent Residency
- No minimum requirements as to age, to speak English, employment experience, or education
- Investor and family may live/work anywhere in the United States. Minor children may obtain employment, subject to age, state and governmental laws and regulations.
- Education benefits including admission to Universities at US resident costs.
- The EB-5 program does not require immigrant investors to manage their investment on a day to day basis.
- After five years, the investor and their family may obtain US citizenship, subject to meeting all immigration requirements, as required under law.
4. Is EB-5 a truly passive investment?
The EB-5 regulations require involvement in management or policy making. The regulations deem a limited liability corporation, which is properly structured and that conforms to the Corporations Act as sufficiently engaged in the EB-5 enterprise.
5. Where can I find a copy of the relevant EB-5 law and regulations to review?
Please go to the US Bureau of Citizenship and Immigration Services website. A link to immigrant investment visa information is available at: http://www.uscis.gov/portal/site/uscis
6. I want to invest in the USA and get a green card, is the EB-5 visa suitable for me?
The EB-5 visa permits employment in the US for the investor and their family. Quite simply, the EB-5 visa gives you the opportunity and flexibility to do what you want in the USA. If you do not want to actively manage your business, you should consider a regional center EB-5 investment.
7. What if I want to manage my own business?
If you want to manage your own business, consider an L-1 (Non-Immigrant Intra-company Transferee), E-2 Visa (Non-Immigrant Treaty Investor), or EB-5 Alien Entrepreneur Investment by investing $1,000,000.00 into your own business which you control, and create the necessary 10 new jobs within a new enterprise. If your goal is to have a Green Card and not to actively manage a business, it is maybe less expensive to utilize a structured investment program in the Regional Center EB-5 category rather than to start and maintain your own business.
Section 2 EB-5 Visa Immigration Matters
1. Must I have previous business experience or education?
The investor is not required to have any prior business experience. Likewise, the investor is not required to demonstrate any minimum level of education. The only requirement for the investor is that he/she has the required net worth and capital. (Accreditations)
No. However, do try to learn English as it will help in an immigration interview.
3. Must I be in good health?
Yes. You must have no communicable diseases and proper vaccinations.
4. What are the benefits of the green card?
- All legal permanent residents under the EB-5 Investor Program enjoy the same benefits as every other United States resident.
- The U.S. is a safe harbor for your family as well as your personal and business investments. Any member of the family with a “green card” can enter the U.S. at any time and stay as long as he/she wishes respecting residency requirements.
- Investors have constant and easy access to the United States for personal, trade and business purposes.
- Permanent residents travel to the U.S. without the need of a visa. Investors may work, live, or own their own proprietary business anywhere in the United States.
- The U.S. has internationally recognized colleges and universities for both basic education and graduate study. As a resident, the investor can benefit from lower tuition costs.
- 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 good in most other countries.
- Students may work in the U.S. while they attend college and then continue to work afterwards, enabling the student to pay part of his education and to work while attending graduate and postgraduate studies.
- The U.S. provides many financial, social and education entitlements such as public schools, health and medical attention, social security, and education.
- The Investor has the ability to bring immediate family members to the U.S. right away and, after proper application, can obtain U.S. citizenship after 5 years.
- The unrestricted permanent residency requires no renewal or re-application. Other U.S. non-immigrant visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional filing with USCIS or the Department of State. Furthermore, U.S. immigration laws may change and prevent future approval when a renewal of visa is required.
5. What is meant by the requirement that the investor’s assets be “lawfully gained”?
Under USCIS regulations, the investor must demonstrate 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.
6. Can money gifted by a parent or other relative be used for an EB-5 Investment?
Yes, provided that any applicable gift taxes are paid. It must be demonstrated that the gift is an actual arms length transaction and is not a mere ruse that the gifted funds will be given back after permanent resident status is granted.
7. What is the difference between “conditional” and “unconditional” green cards?
Under the regulations, an investor who is approved for the EB-5 immigrant visa receives a “conditional” green card, which must be reissued after two years, subject to removal of conditions. Otherwise, the two cards offer the same rights and privileges.
8. What is a ‘Conditional’ Green Card?
A conditional Green Card is a temporary Green Card valid for two years. One year and nine months after it is issued, a three-month widow opens up during which an individual must file another application (I-829) with the CIS to verify that all of the funds have been invested and employment created, in a regional center whether directly or indirectly. When the conditional resident status has been lifted, full resident status is granted and a permanent Green Card is issued.
9. If my I-526 petition is approved by USCIS, what is the purpose of the Consulate application and interview, and how soon do I get my “Green Card”?
Upon approval of 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/her family undergo medical, police, security and immigration history checks before the conditional permanent resident visa are issued. At the interview, the consular officer may address these issues and information printed on the I-526 application, including asking the investor to summarize the nature of his/her immigrant investment. If the investor and his/her family are in the United States, then you may apply for adjustment of status by filing form I-485, and supporting documents, the application may be filed at the appropriate office of the USCIS.
10. Can I apply for an EB-5 if I have been rejected or terminated in the past by USCIS for an L-1, E-2, B, or other visas?
Rejection in the past does not disqualify the applicant, unless the reasons 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 application.
11. 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.
12. Who receives the permanent residency (“green card”)?
Husband, wife and any unmarried children under the age of 21. It is possible for adopted children to be included in the family. Upon approval you will receive a form evidencing approval and a travel document. You should also receive a temporary green card in the mail.
13. 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.
14. How long must I remain in the United States each year?
The first requirement of any investor after they receive the visa at the United States overseas consular office is to enter into 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, renting or buying a home.
The United States resident may work overseas if required based upon the nature of the business or profession. However, all permanent residents must remain in the US for more than 6 months each year, or they may be deemed to have abandoned their permanent residence status.
15. What is the difference between permanent residency and citizenship?
Once you obtain a green card, and become a legal permanent resident, you have most of the rights and obligations of U.S. citizens, except that you cannot vote and you are not entitled to some public benefits. You are subject to the same tax filing requirements and entitled to the same tax rates and deductions as U.S. citizens.
Your ‘green card’ is your most important travel and identification document. When your green card arrives, look at it carefully. You may need to extend it in 10 years. If you replace it before then because it is lost, stolen, or duplicated, you may file a form with the USCIS.
“Abandonment of residency” rules are an important restriction to which legal permanent residents are subject. Abandonment can occur when you are outside of the United States for more than six months without informing the USCIS of your plans in advance. The law provides that you are free to travel abroad, provided that your trip is “temporary”. Generally, the USCIS views any absence from the United States for longer than six months as not temporary. Thus, it is advisable to obtain a “re-entry permit” before your departure.
One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenship after five years. There are two ways to become a U.S. citizen. One is by being born in the U.S. The other way is by naturalization. The first step in becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being a LPR for 5 years is one of the basic requirements for qualifying for naturalization. A second requirement is being physically present in the U.S. for 30 months during the 5 years prior to the naturalization application. Once becoming a U.S. citizen, an individual is entitled to benefits including the right to vote and hold public office.
16. Can my Green card be taken away from me? How to keep Your Green Card After You Get It!
Once you receive a green card, there are only two conditions required to keep it for life. First, you must not become removable or inadmissible. The most common way of doing this is to be convicted of a serious crime.
The second requirement is that you not abandon the United States as your permanent residence. As long as you are not planning to make your home somewhere else, then legally you are still a resident of the United States. Problems may arise, however, because the USCIS will try to judge your intention by the way you act.
“Abandonment of residency” rules are an important restriction to which legal permanent residents are subject. Abandonment can occur when you are outside of the United States for more than six months without informing the USCIS of your plans in advance. The law provides that you are free to travel abroad, providing that your trip is “temporary”. Generally, the USCIS views any absence from the United States for longer than six months as not temporary. Thus, it is advisable to obtain a “re-entry permit” before your departure.
As a general rule, if you have a green card and leave the United States for more than year, you may have difficult time re-entering the country. That is because the USCIS feels an absence of longer than one year indicates a possible abandonment of U.S. residence. Even if you do not return before year is up, you may run into trouble. To avoid a full-scale inspection, you should return within six months.
It is a common misconception that to keep your green card all you need to do is enter the United States at least once a year. The fact that if you ever leave with the intention of making some other country your permanent home, you give up your U.S. residency when you go. Once again, the USCIS will look to your behavior for signals that your real place of residence is not the United States.
On the other hand, remaining outside the United States for more than one year does not mean you have automatically given up your green card, if your absence was intended from the start to be only temporary, you may still keep your permanent resident status. However, you may no longer use your green card as a U.S. entry document. You must either apply at a U.S. consulate for a special immigrant visa as a returning resident or you must get what is known as a reentry permit.
17. I have a Green Card and plan on traveling out of the U.S. for a long time. Can I keep my Green Card?
Perhaps. The primary rule surrounding Green Cards is that you lose it if you give up your U.S. residence.
The more common criterion, though, is time based. There are three important time limits to know about:
- If you are absent for less then six months, you will rarely have a problem. It is up to USCIS to prove that you abandoned your residency. Absent that, you are considered to never really have left.
- If you are absent for more than six months but less than a year, the burden of proof reverses. It becomes your job to prove that you are still a permanent resident. This is based on the concept that after six months you have to be readmitted and have to prove that you are still admissible. As a side note, after an absence of more than six months, the various criteria for admissibility apply again too. For instance, if you in the meantime had become inadmissible, say through an HIV infection, you might have a problem.
- If you are absent for more than a year, your Green Card will be considered almost automatically abandoned. Once that happened, there is usually no recourse. However, if by chance the immigration officer did not ask you how long you have been out of the U.S. when you return, then you may be in luck and able to keep your Green Card after all. You should in this case not leave the US for a very long time, and make it your bona fide residence again.
18. I need to travel out of the U.S. for more than a year. Is there anything I can do?
You can apply for a reentry permit (on form I-131) before you leave the U.S. You can depart before the reentry permit is approved. Note that waiting time may be six months or longer for issuance.
With such a reentry permit, you can return to the U.S. even after one year until the reentry permit’s expiration date. Reentry permits are issued for two years. You cannot renew a reentry permit, but you can return to the U.S. for a short time and apply for a new one. The second such reentry permit will be granted for two years ago, but subsequent ones may only be approved for one year at a time.
19. How long is a Green Card valid for?
There are several answers to this question.
If you received your Green Card through marriage, and have not been married for two years when you go your Green Card, you should have a conditional Green Card that is good for two years. Also, if you received your Green Card through investment (EB-5); you should have a conditional Green Card for two years.
You must apply for removal of the conditional within 90 days before the two years are up. Once that is approved, you have a regular unconditional Green Card. If you apply either too early or too late, you will have a problem and should consult with an immigration attorney for advice.
If you do not have the condition removed, the Green Card will become invalid at the end of two years, and your permanent resident status will be terminated.
Unconditional Green Cards are valid for ten years. This does not mean that after ten years, you stop being a legal permanent resident – only the card itself becomes invalid. You must apply for a new one using form I-90. Without a current Green Card, you cannot use the Green Card to travel out of the U.S. and you also can not use the Green Card as evidence that you are permitted to work.
20. Are any countries excluded from eligibility for the EB-5 Visa program?
Residents of only a few countries are excluded (e.g. Iran and Iraq). In most cases, however, if the applicant is able to leave the excluded country and has the necessary capital to qualify under the program, legal counsel will be able to help the applicant qualify for the visa approval.
21. What is an ‘escrow’ account, and when does the investor transfer the money to this account?
An Escrow Bank Account is a legal, interest-bearing account established in a registered bank to hold the initial deposit in the trust until the completion of visa processing. This type of account is commonly used in the sales of real estate, businesses and personal property. The Investment Visa Program has established an Escrow Account for the purpose of safely holding an investor’s funds at a leading 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 Escrow Bank Account by the bank until the visa I-526 Petition has been approved. This process was created to protect the investor.
22. How does the bank “escrow” account protect me against the risk of losing my money?
The initial cash deposit from the investor is placed in a legal, interest-bearing Escrow Bank Account. When an Escrow Bank Account is established, the funds continue to belong to the investor; however, they are committed to be placed into the investment upon petition approval. The attorney or bank has an agreement with the investor that requires the funds to be released from the account only when the petition is approved by the USCIS.
23. Can I apply if I am currently without a valid visa?
Out-of-status nationals are no longer permitted to apply for permanent residency from within the United States. They must first return to their country of origin and apply through the United States Embassy there. Examples of “out-of-status” individuals are students, tourists, E-2 treaty investors who no longer have valid visas because they remained in the United States after their visas expired or were revoked. Use extreme caution.
24. What is a Designated Regional Center?
A “Regional Center”
- Is an entity, organization or agency that has been approved as such by the Service;
- Focuses on a specific geographic area 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.
Section 3: EB-5 Visa Investment
1. Where is the investment situated?
Greater Orlando, Florida.
2. How is the investment structured?
The Limited Liability Corporation, managed by our associate in the United States, is the general partner of the Limited Liability Corporation. The general partner is responsible for the building and development of the all suite hotel property, and also manages the property and real estate sales. The Limited Liability Corporate Investors/ Immigrant Investors receive 100% of the net operating profit of all-suite hotel room income.
3. What is a Limited Liability Corporation?
The limited liability corporation is formed by filing a charter with a state government and consists of managing members and one or more members. The charter details the rights and powers of the managing and management members, percentages of ownership, and distributions of profits. The managing members manage the business. The two members are passive investors liable only for the amount of their investment.
4. What are my risks?
As in any investment there is a risk of total loss. The resort is in real estate comprising buildings and development of an all suite condominium hotel without mortgage or bank financing. This lack of debt reduces the risk of total loss. There remain matters much beyond the promoters control such acts of god, war, and market fluctuations in income and/or real estate values. All investors are encouraged to visit the resort, meet with management, and be provided with documents as required to enable review of the investment, with references to permit independent verification of the information contained in the investment prospectus.
5. Must I invest the full one million forty thousand dollars before you will apply for my green card?
Yes. Although the regulations permit escrow arrangements, other investment companies place EB-5 investors’ funds directly into the project, whereas the sponsors of the resort insist that for investor protection and assurance, that the Investors funds are placed in a trust or escrow account pending petition approval. In this case the funds may only be released to the project upon approval of EB-5 Investor Immigration petition, less expenses.
6. How safe is my investment?
The Lake Buena Vista Resort has been established for over 12 years, with extensive experience in the operation of resorts, residential development and hotel operations. Lake Buena Vista Corporation acts as managing members with investors entering as legally protected members. The Limited Liability Corporation has no debt, this is an investment in real estate in a prime strategic location, and risks to the members are reduced, although not eliminated.
EB-5 investors have two considerations, the soundness of the investment, and obtaining their green card. The investment must be analyzed upon its merits. With other EB-5 investment companies you may only receive a percentage of the profits (as low as 50% of the net income, and with 30% or more of the sales profit paid to the investment company, with the Resort, you are projected to receive up to 100% of the net operating income. Please register for full details.
7. What is the return on my investment?
Please Register for Details
8. How does the limited liability corporation distribute income?
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9. Are there any guarantees on this program being successful?
Please Register for Details
10. Future Development Plans for the Resort
Please Register for Details
11. Why is the sponsor using foreign investors for this EB-5 program?
- Our benefit is nil for the start-up, but the benefit of the Suite Hotel to our operation, both winter and summer.
- The State gets job creation in a region that needs growth.
- The Investor gets a conditional green card and a likelihood of a return of their investment.
12. If I wish to visit the Resort and complex, is that possible?
The sponsors will be delighted for you to review the project. In fact, it is strongly recommend that you do so. You will be provided complimentary accommodation for up to two nights, meet the Managing Member of the company, the management team and review the project. Contact us for future details or to arrange a visit.
13. Is the EB-5 Green Card ‘guaranteed’ by participating in this investment program?
A Green Card can not be “guaranteed” however your one million forty thousand dollars is held in a “Bank Escrow Account” and refunded in the event of a denial of your petition, less administrative expenses of $40,000.00. No one can ever guarantee the outcome of a visa application or petition. It is solely up to USCIS to adjudicate. The key is to have well a prepared petition by competent, legal counsel experienced in EB-5 visa matters, to create the best opportunity for success. No money is released from the bank escrow account to the project until your I-526 Petition is approved, outside from administrative costs of $40,000.00.
14. If my I-526 petition for my ‘Green Card’ is denied, do I get my one million forty thousand dollars back?
Yes, directly from the bank escrow account, within 30 days or less, less costs of $40,000.00.
15. Does the Administration fee include unbiased legal counsel to represent me for my application to USCIS?
The sponsors believe that it is important for you to have independent legal counsel representing your interests. The administration fee allows for filing of the application by our counsel on your behalf.
16. How extensive is the paperwork/application process, will I receive help?
You will be provided with detailed schedule of requirements and list of documents. You will be assisted throughout the entire application process, step by step.
17. Am I still required to hire an immigration attorney?
Yes. The sponsors believe that it is important for you to have independent legal counsel representing your interests. Such costs are not included in this forecast.
As a result, while the sponsor will provide a lawyer who can competently handle EB-5 applications, we recommend independent legal counsel as well.
18. What are the fees?
Please Register for Details
19. U.S. Tax Matters and Considerations.
The United States charges income, gift and estate taxes on all U.S. Citizens and Permanent residents alike, and based upon worldwide income. Foreign investors should consider the tax implications and review matters with their professional advisors of becoming a U.S. Permanent Resident before making any investment.
20. Pre-immigration Tax Planning.
Before you become a resident of the United States you may wish to consider reducing or eliminating some of the United States income, gift and estate tax consequences which would be applicable to you once you become a United States taxpayer. These objectives may be accomplished through utilizing some common planning techniques such as:
- Making gifts
- Accelerating income and gains
- Deferring deductions and losses
- Creating, amending and/or revoking wills and trusts
- Creating and/or reorganizing entities
- Establishing tax-deferred investment vehicles
- Consult your tax advisor first!
Section 4: How do I apply for the EB-5 program?
The program comprises only 35 investor members. Priority will be given to qualifying investors as determined by the Managing Members in the order that their respective deposits are received.
Deposits will be returned in the event of oversubscription or at the request of an investor pursuant to the Investor Escrow Agreement. The Bank Escrow Agreement will release funds pursuant to the escrow agreement to the Limited Liability Corporation upon the approval of an investor’s immigration petition application and to the investor in the event an investor’s immigration petition application is denied.
Section 5: Regional Centers
The following is a list of Regional Centers approved to participate in the EB-5 Employment Based Immigrant Investment Program:
Alabama
Alabama Center for Foreign Investment, LLC
Montgomery, Alabama
June 2007
California
California Consortium for Agricultural Export
Statewide in CA
Approved 2002
California Investment Immigration Fund, LLC
Garden Grove, CA
Approved
CMB Export Inc. (California Military Base)
Corona, California
Approved August 1997
El Monte Regional Center
El Monte, CA
Approved
Los Angeles Film Regional Center
Los Angeles, CA
Approved March 2008
Regional Center Properties
Newport Beach, CA
Approved
Southeast Los Angeles Regional Center
Los Angeles, CA
Approved
District of Columbia
Capital Area Regional Center
Washington, DC
Approved November 2005
EB5 America
Washington, DC
Approved
Florida
Lake Buena Vista Resort Village & Spa
Orlando, FL
Approved September 2008
Palm Beach Regional Center
West Palm Beach, FL
Approved Septem |