EB5 Investment FAQs
How much must I invest into NYCMRC for my Green Card?
Minimum investment is only USD$500,000
How to Invest in NYCMRC?
An investor seeking an EB-5 green card through the NYCMRC Investment Program must make the qualifying investment (Minimum investment is only USD$500,000).
You may contact NYCMRC office with any questions you may have or to arrange a meeting to certify your qualification of investment or any other questions about company's properties, regional center as well as information on the EB-5 visa.
USCIS solely determines whether the investor qualifies for the EB-5 visa. USCIS’ diligence includes a detailed review of the sources of the investor's funds, family history, and other representations of the head of household and his immediate family member under the age of 21.
Making a trip to visit the NYCMRC is suggested, see the company properties, regional center facilities and meet our tenants and staff.
Receive a prospectus of NYCMRC EB-5 investment program
Sign subscription agreement
Offer all of background and other information needed for visa petition
Deposit USD$500,000 investment capital into a bank escrow account
Pay administrative fee
Before an investor can participate in the Regional Center EB-5 investment program, each investor must independently petition USCIS for an EB-5 visa. Your EB5 visa application may not be submitted until your investment is fully funded and fee is paid.
How do I submit my investment funds to the NYCMRC?
We provide a copy of our escrow agreement and the wire transfer instructions to the escrow bank account. Within 48 hours of your wire transfer, we will receive a remittance confirmation for your records. A copy of the remittance confirmation is provided to you and is included as part of your I-526 Petition.
What is an escrow account?
An escrow bank account is a legal, interest-bearing account established in a banking corporation meeting all the legal requirements to operate in the State of New York. It is a separate bank account for keeping money that is the property of others. Attorneys and real estate agents are required to keep escrow accounts for client money and not commingle client money with their own funds.
After an investor wires the funds into the escrow bank account, the funds continue to belong to the investor. No money will be released from the escrow bank account to the project until the investor’s I-526 Petition is approved by the USCIS.
What is meant by the requirement that the foreign investor’s investment be “lawfully gained”?
The investor must demonstrate that his or her assets were gained in a lawful manner, that is, the investment funds were obtained through lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful means. The investor must prove to USCIS that the funds were obtained through lawful activities.
How to reveal that the funds are “lawfully gained”?
Under USCIS regulations, the investment needs to be traceable. It means investors need to reveal where and how they received the assets that are used for qualifying for the program. This may be accomplished through certificates by the investor’s licensed accountants, lawyers, court records, salary statements, tax statements, real estate documents, etc.
Can I redeem my investment?
Yes. NYCMRC has indicated a clear and concrete exit strategy and fixed term for the return of your investing capital and profits.
What are the exit strategies?
The exact strategy used to exit investment will be determined based on best risk-adjusted strategy for both regional center program and alien investors. Usually the exit options are resale of investment share or the project property. The NYCMRC EB 5 regional center is set up to acquire, improve, or provide funding to in the real estate in the development projects that can be profitably liquidated, sold or refinanced to other investors and developers or a real estate investment trust, or other public/private property investment vehicle. NYCMRC can have the property and share sold all over the world or into the US market through agents.
There are some but not limited to the following exit strategies available for the regional center to provide investment liquidity:
- Outright sale of the property to another public or private investor;
- Non-recourse leveraged refinancing of the property and distribution to investors of the excess proceeds as “return of capital;”
- Sale of the Fund’s interest to a third party investor, including another managed fund, or co-investor or co-developer;
- Tax-free exchange or swap;
- Exchange with an “UPREIT” (tax-free) for listed shares in a real estate investment trust or similar public property investment vehicle;
When can I receive the investment capital back?
Generally speaking, once the “conditions” of the Green Card have been removed for the alien investors; the investment can be liquidated, sold or refinanced. However, the recent USCIS decisions require that alien investors’ investment be “at risk” for at least five years. No redemption or liquidation shall be made within 5 years after alien investor’s investment has been “at risk”. After 5 years of holding investment, NYCMRC may request to liquidate part or all of the investment. Specifically, the exit term for investment is a 3-5 years horizon after the investors have the conditions removed in NYCMRC program.
For NYCMRC program, after all of its investors have received permanent resident status and have had their conditions removed, and after all of the securities law, immigration law, corporate law, and tax law have been complied with, NYCMRC may start to liquidate the underlying partnership and the partnership interest or permit redeeming part or all of the investment. Having each exit request fulfilled, the exit term may take approximately 3-5 years after an investor get the permanent residence in US.
In short, the investors will receive the redemption of their initial investment plus the capital gain or minus the capital loss after total of approximately 5-7 years investing in NYCMRC projects.