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Moses Law Office

Providing Canadian Immigration Services since 1988

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US Business Immigration (EB-5)

Among those interested in business immigration and also interested in the possibility of immigrating to the United States, the EB-5 program may be a great option. There are thousands of fund projects but only a few of them are relatively safe.

Under US Immigration Law, an EB-5 fund project cannot provide a guarantee for funds provided by the investor applicant.  The investor seeking safety can only look for a fund project that has built in checks and balances.

What is important is that the fund project is not managed by the same party as the builder and that there is third party financing also involved. In addition, the fund project should have arranged for sufficient buffers to ensure that even if the fund project does not obtain the required number of investors, the third party financing will still be able to cover the project funding and not delay the project completion.

The fund project should also build in sufficient excess jobs in order that even if the government does not approve all the jobs projected to be created by the fund project, sufficient jobs will still remain from the proposed amount to meet the minimum of 10 jobs per investor. Therefore if 300 jobs (30 investors x 10 jobs each) is required, the fund should show that, for example, at least 350 or higher jobs will be created for these 30 investors.

The excess buffers in jobs and financing as well as the excess funding, along with the separation of builder and fund project management, all provide a greater level of safety that is lacking in many of the fund projects on the market.

A further final point, where the fund project has already been approved by the government, bank and third party financing arranged, and the ground on the project broken, there is likely to be less delay in moving the investor's case forward.

Compared to the Canadian process for business applicants, there is no English requirement, the paperwork is less, and the processing time is about up to 10~15 months.

For this program, we only work with funds that build in the above safeguards although applicants are responsible for doing their own due diligence before investing funds.

Contact our office to discuss this option. Further information would be provided to interested clients.