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Regional Center EB-5 Applications The EB-5 Program The EB-5 Program Permanent U.S. Residency for FOREIGN INVESTORS H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP Philadelphia New York 1800 JFK Blvd., 17 th Floor317 Madison Ave., Suite 1518 Philadelphia, PA 19103 New York, NY 10017 215.825.8600 212.796.8840 www.eb5immigration.comwww.klaskolaw.com
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Klasko, Rulon, Stock & Seltzer, LLP H. Ronald Klasko, Esq. H. Ronald Klasko (Ron) is recognized as one of the leading U.S. immigration lawyers. A founding member of Klasko, Rulon, Stock & Seltzer, LLP and its Managing Partner, he has practiced immigration law exclusively over three decades. Ron was named as the world’s most respected corporate immigration lawyer (The International Who’s Who of Business Lawyers 2007 and 2008). A former National President of the American Immigration Lawyers Association (AILA), Ron has been selected in the highly regarded Best Lawyers in America for the past 16 years. Ron’s practice includes a substantial focus on EB-5 investor cases. Ron is the designated preferred attorney for filing EB-5 petitions for four of the approved regional centers. He is the National Chairman of the EB-5 Committee of the American Immigration Lawyers Association. He is a frequent speaker and author on EB-5 issues.
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Klasko, Rulon, Stock & Seltzer, LLP Advantages of EB-5 Program No quota wait No job offer or employer sponsorship required Spouse and children included In state tuition possible Geographical flexibility Employment flexibility
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Klasko, Rulon, Stock & Seltzer, LLP Introduction to Regional Center EB-5 Requires investment of $500,000 in government approved regional center (some require $1,000,000) Regional center proves direct or indirect employment of 10 U.S. workers per investor Must prove lawful source of funds 3,000 green cards available each year
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Klasko, Rulon, Stock & Seltzer, LLP Investors for Whom Regional Center EB-5 May Be Good Option Do not want to do individual EB-5 Must start/manage/expand a business Must create direct full-time jobs for 10 U.S. workers Must invest $1,000,000 unless “targeted employment area” Complex legal issues
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Klasko, Rulon, Stock & Seltzer, LLP Investors for Whom Regional Center EB-5 May Be Good Option Immigration is driving force Wants to be geographically mobile Retirees Main/major concern is children going to school in U.S. (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP Procedure File EB-5 petition (I-526) Include documentation of lawful source of funds Average processing time 4 to 6 months Apply for immigrant visa at U.S. Consulate Average processing time 4 to 8 months Entire family can apply Enter U.S. as conditional permanent resident Investor, spouse and child can work, study, travel
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Klasko, Rulon, Stock & Seltzer, LLP Procedure After 21 to 24 months, file condition removal petition Investment sustained and jobs created Approval results in permanent green card Average processing time 4 to 6 months 5 years after conditional residence, can apply for naturalization (U.S. citizenship) Completely optional (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP Documenting Lawful Source of Funds Only need to document $500,000 Personal and corporate tax returns Last 5 years Personal and corporate financial statements Optional Best if audited
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Klasko, Rulon, Stock & Seltzer, LLP Documenting Lawful Source of Funds Investments Copies of accounts 3 years or more Bank statements Business documents Business registration documents Ownership documents Dividend records Business sale documents (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP Documenting Lawful Source of Funds Real estate Purchases and sales Deeds Mortgages Appraisals Settlement Transfer of proceeds Rental income Leases (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP Documenting Lawful Source of Funds Employment Contracts Company wage documents Company letter Resume and educational documents Professional licenses (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP Documenting Lawful Source of Funds Other Inheritance Divorce Lawsuits Gifts and loans Need to prove lawful source of funds of giftor or creditor Gift tax? Reasons for gift/loan Loan documents (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP Tracing of Funds Transferred to Regional Center Must document all transfers from investor’s account to regional center’s account
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Klasko, Rulon, Stock & Seltzer, LLP Special Issues Travel Must have residence in U.S. If will be out of the U.S 6 months or more, consider filing reentry permit Must file reentry permit if will be out of the U.S. 1 year or more
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Klasko, Rulon, Stock & Seltzer, LLP Special Issues Children Only children under 21 at time of conditional permanent residence Exception: if EB-5 petition (I-526) filed before age 21, and apply for permanent residence promptly, child can be included (cont’d)
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Klasko, Rulon, Stock & Seltzer, LLP Sources of Information www.eb5immigration.com www.uscis.gov
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Klasko, Rulon, Stock & Seltzer, LLP Questions?
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For Further Information H. Ronald Klasko, Esq. Klasko, Rulon, Stock & Seltzer, LLP rklasko@klaskolaw.com 215-825-8600 (Philadelphia) 212-796-8840 (New York) www.klaskolaw.com www.eb5immigration.com
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