American Dream - Visa Residency by Investment

Gifts are a common source of EB-5 investment funds. There are two main parts of an I526 petition relating to gifted funds; that the gift is irrevocable and that the source of funds is legal. The donor will need to sign a gift affidavit describing the nature of the relationship between doner and donee, the affidavit should also reflect the amount gifted and state that the donee does not need to repay the amount. Gifts from friends or business associates might be more highly scrutinized than gifts from immediate family members. Furthermore, both the person who gifts the funds and the person receiving them need to prove that they were obtained legally. The donee must submit a capital source statement along with banks statement reflecting that they received the funds as a gift. The donor also needs to provide a capital source statement reflecting they gifted the funds along with other documentation proving they obtained the gifted amount legally such as bank statements, tax returns, employment records, loan documents, investment records or property records etc. There may also be taxes related to the gifted amount, so it is advisable both parties consult with a tax attorney before the transfer is made.

The passing of a loved one is difficult enough to handle without the added apprehension of a pending immigration benefit. Based on certain requirements, beneficiaries of a pending I-526 petition may still be eligible to proceed with their application if the principal applicant dies. Before 2009, the death of a principal applicant meant the denial of the petition but in the same year congress introduced a rule that allowed the beneficiaries of a petition to obtain immigration benefits even if the principal applicant died. Under this rule, USCIS has the authority to approve an application and associated petitions based on the following criteria: -The applicant lived in the United States when the qualifying relative passed away. -The applicant still resides in the United States at the time of the decision on the pending application. Residency here can mean present on a student visa or other category. Under section 204 (L), one can apply to reinstate the petition if one family member is a resident. If the principal applicant dies after the I-526 has been approved and before the submission of the green card petition, the beneficiaries will remain eligible for adjustment of status. The form I-485 provides instructions for the spouse and children of a deceased EB-5 investor, as does the form I-829 (removal of conditions). In the case where form I-526 has not been submitted but the qualifying investment has been made, the family may withdraw the funds and re-invest them under a new name depending on the terms of the investment. Though this is challenging situation many would not like to think about, it is important to note that in the unfortunate even this happens your family would still be eligible for a green card and all it’s benefits and in fact many of our investors who are utilising concurrent filing meet the above 2 residency requirements.

The United States has long held the title of the "land of opportunity" because it's a society where anyone regardless of where were born or what class they were born into can succeed, and where hard work, sacrifice and determination can lead to upward mobility and prosperity. It is this concept of the ‘American Dream’ that has attracted immigrants, seeking opportunity and freedom to the country for centuries. Characterized by a robust infrastructure and favourable business climate, It is the world's largest economy by nominal GDP and fosters innovation and an entrepreneurial culture. Studies have found that not only are more than a quarter of all tech firms in the US founded by immigrants and nearly 50% of all fortune 500 companies founded by immigrants but also that the economic development in the U.S would be difficult to replicate elsewhere in countries with more homogenous populations, contributing to the notion that indeed America is a land of immigrants.

There are three main components to an EB-5 investment; a capital investment, engagement in a new commercial enterprise and job creation. The purpose of the EB-5 program is to stimulate the U.S economy, as such funds provided by the investor are required to remain ‘at risk’ through the duration of the project. For an investment to be considered ‘at risk’ there must be the potential for gain or loss based on the success or failure of the investment project. If the investor is guaranteed a return, or a rate of return then the investment is not at risk. It is important to note though that the capital cannot be invested anywhere ie securities or commodities, it must be deployed towards a business that creates jobs and engages in commercial activity. The capital also needs to remain at risk for a certain period. It used to be that the investor’s capital needed to remain invested for the entire period of the conditional residency period but after the EB-5 Reform and Integrity Act of 2022 (RIA) it now only needs to remain at risk for two years, which is a game-changer for the EB-5 industry. Although the ‘at risk’ requirement of EB-5 investments may seem to insinuate that EB-5 investors need to choose risky projects, this is not the case. Every foreign investor should thoroughly assess the project and conduct his own due diligence before committing to an EB-5 investment

There are two ways one can make an EB-5 investment: the direct option or through a Regional center. The EB-5 Regional Center Program is the backbone of the EB-5 visa program, the majority of approved EB-5 visas are atributed to Regional Centers. A Regional Center is a business organization that is involved in promoting economic growth for a particular region, designated by the United States Citizenship and Immigration Services, that sponsors various EB-5 investment projects. They are licensed to pool investment capital by sourcing from multiple EB-5 investors. Benefits of investing through a Regional Center include direct and indirect job creation, no day to day running of the business, lower investment amount and exemplar approval.

Congratulations to the Chabeli family on your I-526 approval. Recent data from Henley & Partners shows that the U.S is experiencing a mass influx of HNWI's due to its dominant tech sector and the pre-eminence of Florida as one of the top retirement destinations for the world's millionaires. We have taken advantage of the recent sector growths in Florida and launched key investment opportunities that allow you and your family to participate in the EB-5 program and receive permanent residency in the U.S. Most of our projects are either fully or nearly fully subscribed and all our investors to date have received their green cards. For further assistance please contact info@americandream-eb5.com

Joseph Pulitzer was one of the most influential figures in American journalism in the late 19th century. He was born in Mako, Hungary, in 1847 to a wealthy Jewish family and was reared in Budapest, where his father retired and was taught by private tutors. A restless youth, Pulitzer tried to enlist in the Austrian army, the French foreign Legion and the British army at age 17 but was denied due to poor eyesight and health which were to be a bother to him for the rest of his life. He eventually travelled to New York and signed up with the Lincoln Cavalry and subsequently received US citizenship for serving one year. Later, he worked his way to St. Louis and worked many odd jobs while studying English and the law in local libraries. His opportunity came while observing a game of chess in a library and offering an astute critique to the opponents who happened to be the editors of the leading German language daily, Westliche Post, who subsequently offered him a job. He soon became known as a talented journalist and bought a share in the newspaper and later resold it for a profit by which time he had become a publisher. Meanwhile, he became involved in politics and was elected to the Missouri state legislature in 1869. But Joseph was just beginning to climb the ladder of his journalistic enterprises and in 1878 bought The St. Louis Dispatch, and merged it with its rival paper, the St. Louis Post to create the St. Louis Post-Dispatch. He grew the base of the The St. Louis Dispatch from 4000 readers to 22,000 readers in 4 years. In 1883, Pulitzer travelled to New York and bought the much bigger newspaper, the New York World which was in trouble due to financial issues. Joseph turned the paper around and made the paper profitable. He was a purveyor of yellow journalism and had a keen sense of what the public wanted, under his leadership the paper jumped from 15,000 readers to 600,000, becoming the largest newspaper in America leading journalistic voice of the Democratic Party in the United States. The New York world also gave also championed the cause of the working class people giving the poor a voice in New York politics. Starting from 1895 he became involved in a fierce and legendary battle with rival newspaper owner William Randolph to see who could achieve the highest circulation levels. Failing eyesight and worsening health forced Pulitzer to abandon the management of his newspapers in 1887 but he continued to keep a close watch over their editorial policies. He was often described by people as ‘the greatest journalist on earth’ or ‘the most interesting man on the planet’. His life is said to resemble ‘a story out of the books of giants, goblins, and fairies’. In his will, Pulitzer endowed the first American school of journalism, the Columbia University School of Journalism (opened 1912) which began awarding the Pulitzer Prize, one of the world’s most prestigious awards, to recognize achievements in "journalism, arts and letters."

Congratulations to the Roux family on your recent I-526 approval. The EB-5 program has seen recent significant developments that provide a better investment platform for individuals. This demonstrates the program’s resiliency in an ever-changing economic environment. These improvements have reduced wait times and increased security for investors. USCIS has also taken over the designation of Regional Centers providing a shift in the number of entities approved, this expansion of numbers has provided a wider selection of investment opportunities across a greater range of industries and regions. 

USCIS handles the bulk of immigration cases yearly and while many of these are quickly approved or denied others may include an RFE. An RFE is exactly what it suggests, a request for further evidence. An RFE does not mean that your case its being denied or even that it is more likely to be denied because of receiving one, it just means that the officer adjudicating the matter needs more evidence in order to make a decision. When USCIS issues an RFE, it sends out Form I-797E, also called a notice of action which your attorney will make you aware of. It is important to work with your attorney in a timely manner to gather and submit all additional evidence that the RFE requests by the indicated deadline. There are four major parts to an RFE 𝐀𝐩𝐩𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐬𝐮𝐦𝐦𝐚𝐫𝐲 This introductory paragraph will include a summary of your initial application ie date of submission, the office that’s processing it and the type of application. 𝐓𝐡𝐞 𝐥𝐚𝐰 Refers to a section of the Immigration and Nationality Act that states the requirements for the immigration benefit you are applying for 𝐓𝐡𝐞 𝐞𝐯𝐢𝐝𝐞𝐧𝐜𝐞 𝐲𝐨𝐮 𝐩𝐫𝐨𝐯𝐢𝐝𝐞𝐝 Includes a list of all evidence you have already submitted. A good attorney will review this list against evidence submitted to make sure USCIS has not overlooked anything. If something was not included on the list it will be resubmitted with the response. 𝐓𝐡𝐞 𝐞𝐯𝐢𝐝𝐞𝐧𝐜𝐞 𝐲𝐨𝐮 𝐚𝐫𝐞 𝐦𝐢𝐬𝐬𝐢𝐧𝐠 This is the most crucial portion of the RFE. USCIS will list evidence it still needs to make a decision based on the portion of the INA quoted earlier in the RFE. It will also include alternative documents you can use for evidence in case you don’t have the documents requested. 𝐀 𝐫𝐞𝐬𝐩𝐨𝐧𝐬𝐞 𝐝𝐞𝐚𝐝𝐥𝐢𝐧𝐞 The deadline by which your response must be received. The best way to prevent an RFE is by thorough preparation, close attention to detail and providing your immigration attorney all the documents they request. At American Dream we work with highly qualified immigration attorneys to ensure seamless processing of your case from start to finish. We have a 100% success rate on all EB-5 applications and pride ourselves on the level of service we provide our clients.

Madeleine Albright, born Marie Jana Korbel was born in in Prague, Czechoslovakia, (now the Czech Republic). Her family escaped the Nazi invasion 10 days after Hitler invaded Czechoslovakia. They first landed in England and them immigrated to the U.S in 1948. Madeleine earned her degree in political science in 1959. Her political career began as a chief legislative assistant for Edmund Muskie in his senatorial office. in 1978, she worked in the White House for the National Security Council’s liaison to the U.S. Congress. She was hired as a professor of political science at Georgetown University in 1982 and throughout the 1980’s was a major foreign relations advisor to Democratic candidates. In 1993, she was confirmed as the U.S ambassador to the United Nations by Bill Clinton and in 1997 made history by being the fist woman to be appointed as Secretary of State. Under her leadership Hong Kong regained sovereignty and democracy was spread to most of the Middle East. NATO also expanded eastward to include some of the former Soviet Union nations, In 2011 she became part of the advisory council of the Hague Institute for Justice. She was the first senior official to meet Vladamir Putin and in America's debate of how to counter Russia’s invasion of Ukraine the ‘Albright Doctrine' is still cited today. She was also the first to present evidence of the genocide was committed in the town of Srebrenica and her stiff position on whether NATO should conduct subsequent airstrikes forced Bosnian Serbs to negotiate in 1995. There is a statue of her in Pristinia honouring her role in what came to be known as ‘Madeleine’s war’ and Kosovo’s President, Vjosa Osmani, said ‘She gave us hope when we didn’t have it.' Albright’s contributions to U.S relations have been indispensable and In May 2012, she was awarded the Presidential Medal of Freedom by President Barack Obama. Speaking of immigration and the U.S she has famously said 'Only in America could a refugee from Central Europe become Secretary of State,'