How to Apply Prior and during the investment process, the investor will be asked to provide necessary documentation required by U.S. federal law. Following are some of the documents that an accredited foreign investor should prepare and provide to their legal counsel in order to comply with the law and invest in the U.S.
No documents should be sent to MCFI until formally requested. All documents should be translated into the English language and be accompanied by a certificate of translation signed and dated by the translator.
MCFI provides the foreign investor with a "Preliminary Application and Questionnaire" which allows us to start the EB-5 immigration process. A much more extensive and comprehensive "EB-5 Investor Questionnaire" is designed to help the foreign investor with obtaining the documents needed or required for the consulate interview and to help anticipate the questions that might be asked of him or other family members during their interviews. We believe that being well prepared will greatly facilitate and speed up the immigration process. The foreign investor's immigration lawyer should help the investor with obtaining the doumentation and prepare him for the consulate interview.
Financial DocumentsAccredited investors are expected to have a financial advisor and an attorney who should advise and represent them prior to committing funds. MCFI will assist qualified individuals providing consulting services. One of the most important aspects to successfully acquire the conditional green card is Source of Funds (SOF). Below is some information that we hope is useful to you.
Evidence of Capital SourcesUSCIS and MCFI require that investors show proof of the following:
1. The invested capital is lawful by providing evidence of source of funds. The evidence may include, but may not be limited to:
• Profit and earnings from a business
• Profits or proceeds from the sale of real estate
• Profits or earnings from stock or other investments
• Bank statements
• Investment account statements
• Documents showing ownership in real estate or a company, accompanied by an appraisal of value and registration of ownership, loan or mortgage, promissory note, security agreement, or other evidence of borrowing which is secured by assets of applicant.
• Tax returns from the last 5 years.
Note: Inheritance, gifts or loans are allowed as a source of funds under the law, however, the investor, still has to be an accredited investor in order to invest through our center.
2. Proof that the investor has a "level of income" or has accumulated sufficient wealth that would enable the investor to allocate those funds to a project. In other words, the alien entrepreneur has to be an "accredited investor", or an individual who:
• Has a net worth individually or jointly with a spouse in excess of USD 1,000,000, or
• An income in excess of USD 200,000 for the two most recent years, or jointly with a spouse, for the same period, in excess of USD 300,000.
• Tax returns from the last 5 years
Note: There must be reasonable expectations of the same income level in the current year.
USCIS requires that the investment is a direct "at risk" investment.
Personal DocumentsIn addition to financial documents, the foreign investor must provide the following documents that have been officially translated into English:
• Legible Copies of passports (including blank pages). Passports must be valid for at least 6 months from the date the visa was issued. This requirement applies to those foreign investors and their spouses and children (under the age of 21 at the time of application) filing for a green card through this program.
• Investor's Resume (Curriculum Vitae) which should include personal and contact information, educational background, professional experience, and employment history (please include name of supervisor and company's address and phone number).
• Copies of academic diplomas.
• Articles of organization (if owner of a company).
• Certified copies of birth certificates, copies of marriage certificates, and/or divorce decrees and death certificates, if applicable.
• Certified copy of any military record should be submitted.
• Certified copy of police record from the city where the applicant has resided for at least 6 months since turning 16. These records may include but are not limited to information on former arrests, crimes and court proceedings, regardless of amnesty, pardon, or other clemency.
Note: There may be additional documentation necessary depending on an individual case-by-case basis. The investor's immigration lawyer should provide help with this.