Immigrating with BAI Capital

The EB5 Visa Program is an American government project created in 1990 that allows foreigners to obtain the permanent residence of the United States through investment in the country. The investor acquiring the green card also benefits his spouse and unmarried children under the age of 21 who can permanently live and work in the United States.

This program, also called the fifth preference work visa is under the administration of the United States Citizenship and Immigration Service (USCIS). The objective of the program is to facilitate and increase foreign investment and US job creation.

As of March 11, 2022, when the investor makes the decision to invest through a Regional Center, such as BAI Capital, the Minimum Capital Requirement is $800,000 USD when selecting a project in a rural area or targeted employment area (TEA). For all other projects, the capital Requirement is US $1,050,000. BAI Capital selects all of its projects within the state-designated TEAs in order to ensure that our immigrant investors receive the most viable investment opportunities.

As the foreign investor, you must complete the three phases of the application process so that you can become a permanent resident in the USA:

STEP 1: To obtain the status of immigrant investor it is necessary to file an immigrant petition with a completed Foreign Entrepreneur Form (FORM I-526) to the United States Citizenship and Immigration Service (USCIS) together with supporting documentation that clearly demonstrates that the selected investment meets all the requirements of the EB5 program, along with an audit of the investment funds.After the approval of the I-526 petition, we proceed to step 2.

STEP 2: If you, as the foreign investor, are residing in the US and have received approval from form I-526, you may obtain conditional resident status by submitting a request to register permanent residency or adjust status (FORM I-485) to USCIS. In the case that you are residing outside the US, it will be necessary to apply for an immigrant visa at a US consulate overseas.

STEP 3: During the period of 90 days before the expiry of the conditional period, you as the investor must complete and submit a petition to remove the conditions (FORM I-829) to USCIS. In this petition, you must demonstrate that the investment was sustained during the conditional period of two years and that the necessary jobs were created.

Upon approval of the I-829 petition, the conditional nature of the Green Card is suspended and the full permanent residence is granted to you, the investor, to your spouse and to family members under 21 years of age.

United States Citizenship and Immigration Service is your official source for more information regarding the EB5 Immigrant Investor Program. www.uscis.gov

USCIS, a division of the Department of Homeland Security, is the government agency responsible for the implementation and administration of immigration and naturalization laws, as well as the rules, regulations, functions and policies of the associated services.

The acronym TEA stands for Targeted Employment Area. It is used to define an area with an unemployment rate of at least 50% higher compared to the US national average, or, when an area considered “rural” is mentioned. This category relates to the data presented by individual states that inform when a zone is TEA or not, according to socio-demographic information and economic development policies. BAI Capital seeks projects located in TEA areas, as these can receive minimum investments of only 900,000 dollars. Areas that are not considered TEA require a minimum investment of 1.8 million dollars.

The EB5 program offers a variety of projects in many areas. The 2 most important considerations are that the project has a real potential for generating jobs, and that there is economic viability for its realization. At BAI Capital we select projects that fulfill these characteristics. Request a meeting with one of our consultants so that you can know our available projects in detail.

Each EB5 project is unique and thus suited to a specific type of applicant. Over the years, we have established a permanent and lasting relationship with our investors due to our knowledge of different realities and market interests. It must be said that most of you are investing to achieve the same goal: Obtain the Green Card with a return on investment.

Large-scale projects can offer significant advantages such as the clear ability to generate jobs, one of the requirements of the EB5 program. However, it also has its disadvantages, such as broad execution deadlines, late investment return, rigid exit strategies, and so forth.

At BAI Capital our investment methodology is conservative and focuses on the application of capital in medium-sized projects located in areas of growth that require investments in a 5 to 7 year lifespan. The required jobs for our most of our EB5 projects have already been generated by the time the EB5 applicant invests.

No you won’t. The foreign investor who decides to invest with BAI Capital will sign a representation contract with a lawyer of choice of the investor, or recommended by us. BAI Capital has a strong relationship with many highly skilled and experienced members of the American Immigration Lawyers Association.

Counsel will prepare your I-526 petition as a foreign investor and after approval the immigration attorney shall prepare your permanent conditional residency requests. Before the end of your two-year conditional permanent residence, the immigration attorney assigned to your case may prepare the immigrant petition to remove the conditions of your permanent residence and this will be the last step in obtaining your unconditional permanent residence.

When you are approved for the EB5 visa you will receive a conditional Green Card (conditional permanent residence) that will be subject to removal of conditions. A conditional Green Card is a temporary permanent residency valid for two years. One year and nine months after this issue, a three-month window opens, when you as the investor must submit a new application to USCIS to verify that all funds were definitively invested, and showing that the employment quota was reached. Once these conditions are fulfilled, you will receive the permanent Green Card, that offers unconditional permanent residence.

The 5 steps to the EB5 Visa Program are:

Individual investors seeking to establish permanent residency in the United States for themselves and qualified family members can apply to the program. Throughout it’s existence, investors from various occupations and different spheres of life have been accepted. This includes entrepreneurs, corporate professionals, retirees, and people like you, seeking a way to provide a more stable future for your family, and a better quality education for your children.

The EB5 Visa allows beneficiaries to exercise any legal activity in the United States. We recommend the EB5 program to all those who have these listed or related interests and/ or who wishes to become a permanent resident without actively managing a company.

Unfortunately, there is no guarantee of obtaining the Green Card. It is not possible to guarantee a visa application or to advance the outcome of any application. The United States Citizenship and Immigration Service assesses each particular case before making their decision. However, unlike many VISA approval processes, the EB5 petition relies solely on facts.

The approval on the petition relies on 2 main points:

1. The supporting evidence on where the invested money originated, through an in-depth analysis of the source and path of the money;
2. The creation of new jobs in the project. It is very important to invest in a feasible project. Not all EB5 projects and companies are created equal. BAI Capital, during more than 10 years assisting investors in various EB5 program projects, has achieved 100% petition approvals. Most of our projects have already created enough jobs to qualify before the immigrant investor comes in.

To best ensure your successful petition, we recommend that you present a well prepared application, analyzed by professionals with competence and experience in the EB5 process. The professionals at BAI are the best prepared to assist you in your process. Our experience has shown us that with the right EB5 project along with well-documented audit of invested funds, it is near impossible to not get approved.

Legally, yes. However, it is necessary to analyze each case: the tax and financial documentation of the applicant must validate a correct source of investment funds in order to process a request for the EB5 visa.

You, your husband or wife, and your unmarried children under the age of 21. It is possible that your adopted children are also included in the family.