Thus, all EB-5 investors are advised to work with an immigration attorney who can ensure all necessary evidentiary documentation is included in the petition. The I-829 petition will be subject to high levels of scrutiny by USCIS. If the primary applicant has passed away and the new petitioner is a family member, this information must also be noted. If the EB-5 investor or any of their derivative beneficiaries have a criminal record, this must be recorded on the petition. There will also be a section for personal information. To an extent, USCIS will also look at compliance with the EB-5 investor’s original business plan, though minor tweaks of a superficial nature may be acceptable. While direct EB-5 investors are permitted only to count direct employment toward their quota, regional center investors are permitted to also count indirect and induced employment toward their tally. The job creation quota is calculated differently for direct EB-5 projects and those sponsored by regional centers. This can be validated through documentation such as tax and payroll records from the NCE. An interest is compelling when it is essential or necessary rather than a matter of choice. USCIS will also verify whether the EB-5 investor’s investment generated at least 10 full-time jobs within the project or business. A compelling state (or governmental) interest is an element of the strict scrutiny test by which courts exercise judicial review of legislative and executive branch enactments that affect constitutional rights, such as those found in the First Amendment. To that end, the investor should append certain relevant documentation to their I-829 petition, such as the NCE’s legal permits and licenses to operate, any contracts, and tax returns. There must also be proof that the investment was made into an eligible new commercial enterprise (NCE). As of March 2022, the qualifying investment amounts are $1,050,000 and $800,000, the latter if investing in a project located in a targeted employment area (TEA). In accordance with the program’s rules and regulations, there must be evidence that a qualifying EB-5 investment was made. The most important factor is adherence to the criteria set out by the EB-5 program. ![]() There are a number of factors they assess that EB-5 investors should be mindful of when filing their I-829 petition. When adjudicating Form I-829, United States Citizenship and Immigration Services (USCIS) applies a very high level of scrutiny. Higher Ground Education Schools Fund II.Higher Ground Education Schools Fund III. ![]() Higher Ground Education Schools Fund IV.Twin Lakes Georgia (Equity) – Rural TEA.Regional Center EB-5 Projects – Available Today at $800K.
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