USCIS, a division of the Department of Homeland Security, is a government agency responsible for the implementation and administration of immigration and naturalization laws.

We believe that it is important for you to have independent legal counsel representing your interests without conflict. Insignia Capital is skilled in real estate investment; we believe it is better to focus on what we do best. Insignia Capital can refer you to qualified attorneys who specialize in EB-5 or you may also use your own attorney. In any event, we will work with your legal representative to make your immigration application process as easy as possible.

As an EB-5 investor, you must prepare complete biographical information for each applicant, and the principal applicant must provide proof of the source of the investment funds. To prove the source of investment funds, USCIS requires five years of tax returns, five years of bank records, proof of ownership of any businesses, financial statements for each business and business licenses. If your capital came from a specific transaction, such as sale of a house, inheritance, or gift, you must prove that the transaction occurred by providing an official document, such as a closing statement, contract, or other official documents. This is not an exhaustive list. Other documents may be required and vary on a case-by-case basis. Your immigration attorney will guide you through the entire process.

Under the USCIS regulations, an EB-5 investor who is approved for the EB-5 immigrant visa first receives a “conditional” green card, which is valid for a two-year period. If all investment and residency requirements are met, then USCIS will grant the “unconditional” or permanent green card, which has no expiration date.

The length of processing time from submitting the I-526 petition to granting of the conditional green card is approximately 16 to 20 months depending on the individual. However, processing times often vary and can be longer or shorter. It is a two-step approval process. First, acting as a visa clearing house, the USCIS reviews and approves the investor’s EB-5 application. After the I-526 petition is approved, it is forwarded to the overseas U.S. consulate, where the investor needs to file a consulate application and then follow up with an interview before the immigrant visa is granted. If the EB-5 investor is already in the U.S., an adjustment of status will be filed with the USCIS instead.

The conditional green card will expire two years from the date issued. Investors may submit their I-829 petition as early as three months prior to the expiration date. Insignia Capital will supply all supporting evidence regarding the limited partnership, capital investment, and indirect employment. Once the I-829 petition is filed with the USCIS, your conditional permanent residency is extended for one more year while you wait for your official approval from USCIS.

No, an EB-5 investor is not required to have any prior business experience or a minimum level of education. The only requirement regarding the investor is that he or she has the required net worth and capital to invest $800,000 and additional fees. He or she must be able to prove that the investment funds come from lawful sources, such as profits from sales of property, stocks or bonds, businesses, business transactions, gifts, and inheritances.

The most common problems encountered for EB-5 visa have been related to insufficient documentation of the source of funds. Due to privacy and sometimes cultural reasons, many EB-5 investors 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. In this era of terror alerts and suspicions about money laundering, USCIS case examiners require well-documented sources of funds. We use the same investment model for each case and each project. USCIS has reviewed our investment model and has approved visa petitions based on our model. Furthermore, USCIS changes its adjudication policies from time to time. Such changes often require further explanation of the project structure, which can delay visa approval, and occasionally result in visa denials. In the unlikely event of visa denial based on project structure Insignia Capital will defend its investors’ interests in Court at its expense.

The minimum investment amount for our EB-5 real estate investment projects is generally $800,000, plus a syndication fee. Syndication fees may vary between projects; please review our prospectus for the exact amount.

A prospective investor can first register by filling out the contact form to receive offering materials (investment prospectus). In terms of investing, once you sign the official English version of the subscription agreement (in the prospectus) and we counter-sign the same document, you are admitted as a limited partner. The next step for the foreign investor is to follow our wiring instructions and send the investment funds. Typically, within 1 to 2 days of your wire transfer, our office will send you a confirmation of receipt of the funds. If you are an EB-5 investor, a copy of the remittance confirmation will also be provided to your immigration attorney, so he or she can submit your I-526 petition. At any stage of your decision-making process, please feel free to contact us via phone, send us an email or set an appointment online to speak to one of our managers.

Each limited partnership generally owns one property. Your investment purchases an interest in the limited partnership, and you become a limited partner. Your percentage share of the limited partnership depends on the percentage your investment bares to the value of the project. The prospectus (in the offering materials) for each project describes the valuation methodology. The limited partnership is managed by Insignia Capital, the general partner of the limited partnership. The general partner develops/renovates the property, leases the property, and manages the property. The limited partners receive their share of the income from the properties

First of all, “accredited investor” is a term defined by the U.S. Securities and Exchange Commission (SEC) that describes investors permitted to invest in certain types of higher risk investments, limited partnerships, hedge funds and angel investor networks. An individual is considered to be an accredited investor if he or she has a net worth of at least 1 million U.S. dollars (excluding one’s primary residence) or has made at least 200,000 U.S. dollars each year for the last two years ($300,000 with spouse if married) and has the expectation to make the same amount in the current year. You must be an accredited investor in order to review and invest in Insignia Capitals EB-5 investment offerings. The amount that will be used for the investment can be counted towards the requirement of accreditation. To become a qualified investor and review Insignia Capitals offering material, you are required to register by completing online accreditation form.

No. The law requires an “at risk” investment without guarantees or redemption rights.

A limited partnership is a business organization formed with one or more general partners with one or more limited partners. In the partnership, the general partners are responsible for managing the business and assuming legal debts and obligations, while limited partners are liable only to the extent of their investments. Like shareholders in a corporation, limited partners enjoy return on their investments (similar to a dividend), but the nature and extent of the liability is only limited to the initial amount invested.

Yes. The regulations specifically allow for pooling of funds by several investors to establish a limited partnership sufficient to qualify all participating investors. The only requirement is that each investor individually must qualify for the minimum at risk capital requirement and new job creation requirement.

Each partnership distributes profits to its investors quarterly. The distributions are based on available cash flow and generally set at the beginning of each year. Investors receive a profit and loss statement with each month’s distribution. At the end of the year, the partnership issues a summary report along with Internal Revenue Service Form K-1/K-3. Form K-1/K-3 details your yearly income and expenses. Your accountant will require Form K-1/K-3 to prepare your U.S. annual tax return.

Yes. Green card holders are taxed in the same way that U.S. Citizens are; green card holders are subjected to federal tax on worldwide income as of the date they become residents.

Insignia Capital structures EB-5 investments to divest the investor and return the original principal balance through an equity event, as in a sale or refinance. The exact strategy used to exit each project investment will be determined on a project-by-project basis in order to provide the maximum financial and immigration benefit to our EB-5 investors.