Pre-Investment:
Creating a Solid Path to Your EB-5 Green Card
How we have helped EB-5 Investors:
- EB-5 due diligence on potential investments.
- Preparing I-526 and I-824 petitions.
- Advising, structuring, and documenting complex EB-5 Source of Funds and EB-5 Transfer of Funds
- EB-5 Mandamus actions to compel USCIS action on long-delayed applications.
Case Studies – Helping EB-5 Investors Before Investment
Case Study 1: Complex Transfer of Funds (TOF) Case
EB-5 Investor N.A. had a simple Source of Funds but, due to banking restrictions in the locations where N.A. held the funds, this was a Complex Transfer of Funds (TOF) Case. We selected the best TOF methods to comply with local rules as well as the documentary requirements of the USCIS. Within these constraints we created a multiuser tool to identify each TOF each document, tracking the debit/credit of each tranche from various locations to the escrow account in the US. The tool provided links to cloud folders to which stakeholders used to email all documents, in order to automate the collection, collation and eventual printing of all supporting documents. In all, more than 20 exhibits covering 7 transfers were gathered, collated, and submitted to the USCIS, meeting all regulatory requirements. As a guide to the USCIS, we presented the SOF and TOF in ledger format (sample below).
Case Study 2: Complex Sources of Funds (SOF) Case
EB-5 Investors V.V. and her husband A.M.M. had Complex Sources of Funds (SOF) Case. They presented more than 12 SOFs: equity loans on homes in the US and UK, exercise of US stock options, exercise of Indian stock options, savings from earnings in US, UK, Dubai, and India, gifts from parents in Singapore and grandparents in India, borrowing secured by mutual funds, etc. We reviewed each possible SOF, comparing the ease of documentation with the likelihood of USCIS acceptance.
Gifts from parents and grandparents required secondary analysis of their SOF – how they acquired the assets that were liquidated to make the gifts. In addition, we showed how these assets were purchased with excess income and how they built up value over time.
We selected the best SOFs within these constraints and created a multiuser tool to identify each SOF each document, and the Transfer of Funds (TOF) from various locations to the escrow account in the US. The tool provided links to cloud folders to which all documents are to be emailed, in order to automate the collection, collation and eventual printing of all supporting documents. We gathered, collated, and submitted the evidence to the USCIS, meeting all regulatory requirements. As a guide to the USCIS, we presented the SOF and TOF graphically (sample below).
