1. Who should invest?
2. Is EB-5 a truly passive investment?
3. How is your investment structured?
4. What is a limited partnership?
5. How is my limited partner interest protected?
6. Is my investment guaranteed?
7. What are my risks?
8. Why must I invest before you will apply for my green card?
9. What documents must I prepare to process my visa petition?
10. What issues have been problematic in EB-5 cases?
11. Where can I find a copy of the relevant law and regulations to study?
12. How can I verify that you are an honest and competent company?
13. How long does INS take to process my visa petition?
14. What are the processing procedures?
15. How do I apply?
EB-5 investors include people from all walks of life; professionals, business people, persons wanting to facilitate a child's education, and retirees. Because the EB-5 visa permits employment in the US, many EB-5 investors become involved in charity or part time work. Simply put, the EB-5 visa gives you the flexibility to do what you want in the USA.
If you don't want to actively manage your business, you should consider EB-5.
If you have a US citizen parent or child over 21 years of age, you should consider family class visa categories.
If you have exceptional skills or are famous you may qualify for a green card based on your skills or fame.
If you want to manage your own business, consider L-1, E-2, international manager visa categories.
If your goal is to have a green card and not to actively manage a business, it is most often cheaper to utilize the EB-5 category rather than to start and maintain a business.
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Q: Is EB-5 a truly passive investment?
The Limited Partnership, managed by USASIA Pacific, Inc., is the general partner of the Limited Partnership. The general partner, renovates the property, leases the property, and manages the property. The Limited Partners receive their share of the income from the properties. All investors receive 70% of the profits. In fact, most of USASIA Pacific, Inc.'s investors, invest for profit only without an immigration benefit.
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Q: What is a limited partnership?
This is best explained through an overview of the various entities available to investors.
A Corporation, formed by filing a charter with a state government, is owned by shareholders. The corporation is taxed on its income. The shareholders are only taxed on dividends paid to them by the corporation. Shareholders do not pay tax on the corporation's income. The shareholders only risk the cost of their investment in the corporation; they bear no responsibility for the general affairs of the corporation.
A partnership is comprised of two or more people or entities coming together for an enterprise, without any particular state charter. The partnership does not pay tax, but passes through all items of income and loss to the partners. The partners pay tax on partnership earnings. Each partner, unlike a corporate shareholder, undertakes responsibility for the entire operations of the partnership. If the partnership were to be sued and judged liable, each partner bears full responsibility for the damages. A corporate shareholder has no such direct liability.
A limited partnership combines corporate limited liability with partnership taxation. The limited partnership, formed by filing a charter with a state government, consists of a general partner and one or more limited partners. The charter details the rights and powers of the limited and general partners, percentages of ownership, and distributions of profits. The general partner manages the business. As in a corporation, the limited partners are passive investors liable only for the value of their investment. As in a general partnership, limited partnership income is taxed at the partner level, not at the entity level.
A limited liability company is a corporation that passes through income and loss to the shareholders but offers shareholders the same limited liability as a limited partner or corporate shareholder. You could say a limited liability company is a corporate version of a limited partnership.
USASIA Pacific, Inc. could use a limited partnership or limited liability company with equal effect. USASIA Pacific, Inc. uses a limited partnership because the INS regulations specifically refer to limited partners, exempting them from the requirement to actively participate in the business. The regulations make no mention of limited liability companies.
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Q: How is my limited partner interest protected?
The Certificate of Limited Partnership must be recorded with the State of Washington as a public record. The Certificate refers to a Schedule A of the limited partnership agreement, which lists the names and percentage interests of the limited partners. The deed for the investment property is held in the name of the limited partnership. The deed is also of public record. This means the property cannot be sold, mortgaged or altered without complying with the terms of the limited partnership agreement.
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Q: Is my investment guaranteed?
No. The law requires an "at risk" investment without guarantees or redemption rights.
Q: What are my risks?
As in any investment there is a risk of total loss. Like everybody we risk the deleterious effects of acts of god, war, and market fluctuations in rental income or real estate prices. We urge all investors to visit us, check our references and to independently verify the information contained in our prospectus.
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Q: Why must I invest before you will apply for my green card?
Our primary business is real estate development. Most of our capital comes from investors who do not seek an immigration benefit. These investors invest on financial consideration only, without preconditions. EB-5 investors, however, have two considerations, the soundness of the investment, and obtaining their green card.
The investment must be analyzed upon its merits. Our policy is to require that you commit your capital as any other investor. If for some reason, you do not receive your green card; our contract with you requires us to refund your investment. We maintain credit lines with several banks for this purpose. We also have a constant stream of new investors, providing an alternative source of funds to refund your investment, should you fail to obtain your green card.
Escrow or trust agreements present immigration difficulties. We offer investment opportunities on a first first-come first first-served basis. While your investment capital sits in escrow or trust pending the results of a visa application, which may take six to eight months to complete, the target investment, which formed the basis of your visa petition, may have been sold out to other investors. You would be in the unfortunate position of basing your green card on an investment that didn't exist, and run the risk of having your application denied. Finally, although the regulations permit escrow arrangements we find that INS looks more favorably on petitions based on a completed investment rather than a pending one.
Hopefully, you will be satisfied with your investment and wish to keep all or part of the investment regardless of the outcome of your green card application. The need for a green card is situational. You may decide you don't like life in America, or your family or economic situation may change. The need for sound investments never changes. While you would not have come to us unless you were seeking a green card, now that we've met, we hope you will be more than satisfied by our investment results and service.
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Q: What documents must I prepare to process my visa petition?
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Q: What issues have been problematic in EB-5 cases?
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Q: Where can I find a copy of the relevant law and regulations to study?
Please go to the Bureau of Citizenship and Immigrations Services web site. A direct link to investment visa information is:
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Q: How can I verify that you are an honest and competent company?
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Q: How long does INS take to process my visa petition?
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Q: What are the processing procedures?
Step 1) File form I-526 Petition for Alien Entrepreneur with the California Service Center. This petition requests INS to certify the applicant and the investment as eligible for EB-5 visa status.
Step 2) Upon approval of the I-526 petition, (a) if you are in the United States you may apply for Adjustment of Status to Permanent Residence by sending form I-485 and supporting documents to the INS regional processing center nearest your US residence. (b) If you are abroad you must wait for notification from the Embassy in your home country to prepare documents for the visa interview.
The purpose of the Adjustment of Status or consular visa interview is to make sure you are not subject to grounds of exclusion, e.g. a criminal past, infectious diseases, etc.
Step 3) upon approval you receive a form evidencing the approval and as well as a travel document. You will also receive the temporary green card in the mail. If you are abroad you must enter the US within six months of the date of the Embassy approval.
Step 4) After two years, you may file for removal of conditions or your permanent green card using Form I-829. This procedure permits INS to verify that you have maintained your approved investment for the required two-year period.
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Q: How do I apply?
For further information please contact:
