Invest in U.S. Real Estate and Get the Green Card with the EB-5 Program and BAI Capital

Frecuently Asked Questions

• What is an immigration visa?

  Immigration visas are types of visas intended for people who wish to reside permanently in the United States, either immediately or after certain processes.

  Immigration visas can be for family, employment, or extraordinary abilities and are subject to different processing times depending on their origin.

• What are the immigration visas established by the U.S. Government?

  The United States offers several visas that allow for immigration, seeking outstanding and highly specialized individuals in various fields who can contribute to the country’s development.

  Some of the most common categories include work visas like the H-1B for highly skilled workers, the L-1 for intra-company transfers, and the EB-5 for investors.

  Another highly relevant visa is the F-1 Student Visa, which allows students from around the world to study at U.S. universities.

• What is the EB-5 Program?

  The EB-5 Program is a federal law enacted by the U.S. Government through the U.S. Citizenship and Immigration Services (USCIS) that allows foreign investors to obtain a Green Card (Permanent Residence) through a minimum investment of $800,000 in a U.S. real estate project.

  After a period determined by the type of investment made, the amount will be returned in full to the investor.

• What is an EB-5 investment?

  An EB-5 investment is one that is tied to the EB-5 Foreign Investor Program, which allows foreign citizens to obtain a Green Card or American residency for themselves and their families. The minimum investment is $800,000 and must be allocated to a real estate project.

• Who is eligible for the EB-5 Program?

  To be eligible for the EB-5 Program, it is necessary to make a minimum investment of $800,000 USD and correctly demonstrate the legal source of the funds.

• What are the investment requirements for the EB-5 Program?

  Investors must make a minimum investment of $800,000 in targeted employment areas (TEA) and $1,050,000 in non-TEA areas to apply for the EB-5 Program. Additionally, the investor must demonstrate the legal source of the capital to be used.

• Can I include my family in my EB-5 application?

  Yes, an EB-5 investor can include their spouse and unmarried children under the age of 21 in the Green Card application.

• What are EB-5 projects?

  EB-5 projects are real estate projects that meet the requirements established by USCIS (U.S. Citizenship and Immigration Services) to be incorporated into the EB-5 Foreign Investor Program, thus investing in them allows for applying to obtain a Green Card through investment.

• How much money do I need to invest to obtain Permanent Residence in the U.S.?

  The minimum investment to be part of the EB-5 Foreign Investor Program is $800,000 USD in a project located in an area considered as a targeted employment area (TEA) and $1,050,000 USD in a non-TEA area.

• What is the minimum investment for the EB-5 Program?

  The minimum investment to be part of the Foreign Investor Program is $800,000 USD in an area considered as a targeted employment area (TEA). Archer Place is an EB-5 project approved by USCIS.

• What are the administrative and legal expenses associated with the EB-5 Program?

  These expenses can vary depending on the specific project and the professional advice hired.

  Currently, administrative expenses include an administrative fee of around $70,000 USD, which covers the costs of project management and administration, including project structuring and ongoing administration services.

  In terms of legal expenses, immigration attorney fees range between $15,000 USD and $25,000 USD, which include the filing of the Immigrant Investor Petition (Form I-526), the Adjustment of Status Application (Form I-485) or the Immigrant Visa Application (Form DS-260), and the Petition to Remove Conditions on Permanent Residence (Form I-829).

• What is a Targeted Employment Area (TEA)?

  A TEA is an area with a high unemployment rate or a rural area that qualifies for a reduced investment of $800,000 USD under the EB-5 Program and for reduced processing times in the case of residents primarily from Asia.

  Archer Place is a project located in a TEA, qualifying for the minimum investment of $800,000 USD.

• What types of projects are eligible for the EB-5 Program?

  Eligible projects can include real estate developments, commercial businesses, hotels, hospitals, and other projects that generate jobs. The project must be a new commercial enterprise. Archer Place is a real estate project approved by USCIS as an EB-5 project and is already under construction.

• What are the benefits of becoming a Permanent Resident of the U.S?

  The benefits of Permanent Residence in the United States are varied and allow for improved access and quality of life in the country. Among them, the possibility of living, working, and studying in any state, being able to enter and leave the country without major inconveniences, lower educational institution fees, and up to 75% less associated health expenses.

  Additionally, it is the first step towards obtaining U.S. citizenship, which can be requested after 5 years with Permanent Residence.

• What are the tax responsibilities of an investor applying for the EB-5 Program?

  During the process, there is no tax responsibility to the IRS, as the investor maintains their current status (resident in their country of origin) until obtaining the Green Card.

  Upon obtaining the Green Card and becoming a Permanent Resident of the United States, once a year and depending on the state where they live and their economic activity, they must file a personal income tax return, just as in their country of origin.

• Do investors recover their money with the EB-5 Program?

  Capital recovery is a vital aspect that investors must consider, so numerous analyses and studies have been conducted on whether investors in an EB-5 project recover their investments.

  The answer is yes, investors recover their investment. There are two cases, and it will depend on the type of financing, whether it is through a loan or a Regional Center. In the first case, it occurs within a set period from the start, usually between 5 and 6 years.

  In the second case (Regional Center), there is no stipulated time, and it will depend on the speed and success of the project, possibly occurring even before the 5-6 years.

  Additionally, in some cases, EB-5 investors earn extra returns on their investments.

• What is the annual return percentage for Archer Place?

  Making an EB-5 investment in Archer Place will mean a 4.9% return on the invested capital for the investor, in addition to benefits upon exit (return), an amount that will not generate capital gains tax.

• How long does the EB-5 investor visa last?

  The Green Card obtained through the EB-5 Program lasts for 10 years and can be extended over time. After 5 years of residing in the U.S. with the Green Card, citizenship can be requested.

• How long does it take to obtain an EB-5?

  The average time from the start of the investment to obtaining the Green Card is 2 to 3 years.

  However, if the investor has legal status within the United States, they can obtain all the benefits of the Green Card in just 3 months.

• How many jobs must my investment create?

  Each EB-5 investment must create or preserve at least 10 full-time jobs for U.S. workers.

  Archer Place, an EB-5 project developed by BAI Capital, will create approximately 2,912 direct, indirect, and induced jobs, far exceeding the required amount.

• Is it necessary to actively participate in job creation?

  No. Although the investor can actively participate in the business they invested in, many prefer to do so through a Regional Center, an entity recognized by USCIS for managing EB-5 funds and fully handling job creation and maintenance.

• What is an EB-5 Regional Center?

  A Regional Center is an entity designated by USCIS that facilitates EB-5 investments in projects promoting economic growth, job creation, and regional development. Investing through a Regional Center can simplify the job creation process.

• What are the credentials of the Regional Center associated with Archer Place? Florida EB-5 Investments LLC

  Florida EB-5 Investments LLC facilitates capital investments in specific projects within the state of Florida, allowing foreign investors to participate in these projects to meet the EB-5 program requirements.

• Can I obtain a Green Card if I buy a house in the U.S.?

  No. To obtain a Green Card, the investment must be allocated to a project that meets specific requirements, such as creating more than 10 full-time jobs and being located in a low-population-density area.

• Can you legally buy a Green Card?

  Unlike in other countries, it is not possible to directly buy citizenship or a passport in the United States.

  However, it is possible to “buy” permanent residency through investment in a business, although in this case, the capital will be fully returned to the investor.

• Is the EB-5 program still available?

  On March 15, 2022, U.S. President Joe Biden signed a law that includes authorization for an EB-5 Immigrant Investor Regional Center Program and various effective implementation dates for the program. The program will be in effect until September 30, 2027.

• How many EB-5 visas are issued each year?

  The EB-5 visa program has an annual maximum of approximately 10,000 new visas issued per year.

• What is the H-1B Visa?

  For foreign professionals with specialized skills who wish to work in the United States. Sponsored by U.S. employers, this visa aims to fill job vacancies with specific skills not easily found in the local labor market.

• What is the L-1 Visa?

  Designed for employees of multinational companies who wish to be transferred to a subsidiary, branch, or affiliate in the United States. The L-1 visa allows for intra-company transfers of employees with specific knowledge and experience.

• What is the F-1 Visa?

  Intended for foreign students who wish to study at academic institutions in the U.S. The F-1 visa allows students to undertake approved academic programs and work under certain conditions while studying.

• What is the O-1 Visa?

  For individuals with extraordinary abilities in fields such as art, sports, business, education, or science. The O-1 visa is designed for people who have demonstrated a high level of achievement and recognition in their fields.

• What is the P-1 Visa?

  Targeted at athletes, artists, and entertainment groups that are internationally recognized. It allows individuals and teams to participate in specific events in the U.S.

• What is a PERM certification?

  The PERM (Program Electronic Review Management) labor certification is a process by the U.S. Department of Labor (DOL) that must be completed before a U.S. employer can hire a foreign worker for permanent employment in the United States.

  The PERM certification is one of the first stages in obtaining an employment-based Green Card.