A recent segment on Vermont public radio reminds us how valuable the EB-5 program is amid an economic recession. According to Bill Stenger, president of Jay Peak Resort, had this to say:

“In today’s economy what is strangling the small business community in Vermont and nationally is the lack of access to capital. Affordable capital is almost nonexistent in this marketplace. However, through the EB-5 Regional Center Pilot Program at Jay Peak we are well on our way to raising 100 million of equity capital…. This country needs all the equity investment it can get right now. The EB-5 program is a wonderful example of an economic stimulus that is tax-free, not a burden to anyone, and has nothing but good benefits for all involved.”

I couldn’t agree more. The EB-5 program represents a win-win situation for all involved. Immigrant investors are given the opportunity to live, work and go to school in the United States, and the American economy greatly benefits from their investment. At a time when measures of incredible scope have been undertaken to stimulate the economy, making the EB-5 program permanent should being easy decision for Congress to make. And it should be done as soon as possible. Fortunately, it looks as though immigrant investors and American businesses may soon get their wish.

STEP 8 - Compile Personal Information and Documentation

In addition to information about your investment, the U.S. government requires personal documentation for you and your family, to be certain that you are indeed who you say you are before they give you a Green Card. This documentation takes many forms, as you will find outlined in the guide to documentation later in this book. As your Investment Immigration Attorneys, we will work with you to identify those items of personal documentation that will be necessary in your particular case.

STEP 9: The Law Offices of Vaughan de Kirby Files an I-526 petition for Work Alien Entrepreneur with USCIS

 At this point, we are ready to prepare and file your I-526 petition with USCIS. In addition to the petition itself, there are two critical pieces of the application. First will be the extensive personal and investment funds documentation that you have compiled. The second critical piece will be provided by the regional center, fully documenting their regional center and their projects. The regional center plays a very important role in your application and are firmly committed to your success.

STEP 6: Transfer the Necessary Funds to the Regional Center

If you elect to invest in a regional center that offers to hold you funds in escrow, this means that your investment is placed with a third party banking institution that agrees to hold your funds until your application has been approved. In the very unlikely event that your application is denied, all of your money–the $500,000 investment and the service fee–is refunded to you. Your only cost would be the bank administrative fee, which is typically less than $500.00. My firm will not accept you as a client, and the regional center will not accept your investment, unless we are confident that you will be successful.

STEP 7: Compile Documentation of the Source of Investment Funds

The United States government requires that all funds invested in the EB-5 program be clearly traceable to their lawful source. As your immigration attorneys, we will work closely with you to help you identify and compile the documentation necessary to meet the lawful source requirement.

STEP 4: Sign a Nondisclosure Agreement

Once you have retained my firm, we will arrange for the regional center to forward to us a nondisclosure agreement. The nondisclosure agreement is mutual–it‘s meant to protect both your privacy and the privacy of the regional center. By signing this document, you are agreeing not to disclose to anyone other than your immediate family or your financial advisor any of the private financial and procedural information that the regional center will provide you. At the same time, this agreement also guarantees that the regional center will not release any of your personal information.

STEP 5: Review the Regional Center Offering Documents with Your Financial Advisor 

As your immigration attorneys we cannot serve as your financial advisors. Your investment with the regional center is a significant one, and we feel it should be made with the care that you would exercise in making any investment of this size. If you and your financial advisor determine with independent due diligence that the regional center is an appropriate investment for you, my firm will be ready to help you achieve your goal of an EB‑5 Green Card.

If after reviewing the  offering documents you decide that this is not the right investment for you, my firm will charge you NO FEE. I firmly believe that this is the way that attorneys and regional centers should do business. You should not incur costs and fees unless you decide to take advantage of this opportunity.

 If you decide to proceed, you are ready to begin making your investment.

Retain the Law Offices of Vaughan de Kirby, APC

By signing a retainer agreement with my firm, you are authorizing us to contact the regional center on your behalf and request that they provide you and your financial advisors with complete financial information for careful review. These comprehensive financial materials will enable you and your financial advisor to fully evaluate the regional center from an investment perspective. My firm still charges no fee at this point. We do not wish to collect an attorney fee until you have made your decision to move forward with your EB-5 application by investing in the regional center.