The investor is required to invest a minimum of $1 million; however, if the investment is located in a Targeted Employment Area (TEA) or qualified rural area, then the EB-5 applicant may invest a reduced amount of $500,000. There are three primary areas with costs/fees associated to them.
1. Your EB-5 investment syndication fee $50,000.
2. Costs associated to your immigration attorney.
3. Filing fees.
4. Costs of any other professional help you seek, such as tax advice, etc.
SFM PARTNERSHIP LLC requires a syndication fee that is part of the total subscription price. The immigration attorney you employ will also charge fees that vary. Most SFM PARTNERSHIP LLC Regional Center investments are claimed to be located in TEA‟s and qualifies for the lower threshold investment. However, some are not located in a TEA and require the full $1,000,000 investment. EB-5 defines a high unemployment area as 150% of the national average unemployment level. A simple state‟s letter that the area is a qualified high unemployment area is not sufficient it must be backed by verifiable statistical data the area qualifies.
Each foreign national EB-5 Investor must create at least ten new full-time American jobs. If the investment is not located in an approved Regional Center the jobs must be directly within the specific entity that receives the EB-5 investment. If the investor uses a Regional Center to make the investment, the job creation requirement of ten jobs still exists; however, the investor may utilize both direct and indirect job creation to fulfill the USCIS job creation requirement. Additionally, the Regional Center may use reasonable economic methodologies to prove the indirect job creation.
The investor must demonstrate that the capital is in fact from a legal source. For example, the funds cannot be derived from a criminal enterprise. An investor may receive a gift of funds; however, the USCIS will require information and will track the source of the funds from the person who granted the gift. Loans are also credible source of funds, but the investment in the enterprise cannot be used as collateral or be pledged in any way, and the loan must be a “real” commercially viable loan.
A new business is defined as one that was formed after November 29, 1990; and it must be a for-profit enterprise formed for the ongoing conduct of any lawful business. Under certain circumstances the law allows for expanding an existing business. As well as saving American jobs by investing in a narrowly defined “troubled” business.
The applicant must have some involvement in the management of the new commercial enterprise. This is the reason most Regional Centers investments are formed through limited partnerships; the act of being a participant in a limited partnership (L.P.) satisfies the USCIS requirement of having a role in management of the partnership.There are other requirements for the EB-5 investor program that deal with the filing and what must be presented to the USCIS. Every immigrant investor should hire an experienced EB-5 immigration attorney who will work with the Regional Center to insure EB-5 regulations and law are followed in the submission of the investor’s EB-5 applications:
A note of caution for investors: If the Regional Center provides the immigration attorney as part of their syndication fee be aware that a formidable conflict of interest exists between the Regional Center and you the investor/petitioner. SFM PARTNERSHIP LLC requires its EB-5 investor to have their own attorney which provides them with their own advocate.
THIS IS NOT AN OFFER TO SELL SECURITIES OR THE SOLICITATION OF AN OFFER TO PURCHASE SECURITIES. ANY OFFER TO PARTICIPATE IN ANY SPONSORED PROJECT MAY ONLY BE MADE PURSUANT TO A WRITTEN OFFERING MEMORANDUM. ANY SALE IN A SPONSORED PROJECT SHALL BE EVIDENCED BY A SUBSCRIPTION AGREEMENT EXECUTED BY A FOREIGN NATIONAL AND WILL BE OFFERED AND SOLD, TO THE EXTENT APPLICABLE, BOTH WITHIN AND OUTSIDE OF THE UNITED STATES IN RELIANCE ON EXEMPTIONS FROM REGISTRATION UNDER THE SECURITIES ACT, STATE LAWS AND THE LAWS OF JURISDICTIONS WHERE THE OFFERING WILL BE MADE.