- What is the minimum required amount of capital to be invested in order to apply for an EB-5 visa?
When you invest through a designated Regional Center, the minimum amount is USD 500,000 if the project is in a TEA or an RA. An investment of USD 1,000,000 must be made in areas not designated as a TEA or RA (see definitions below). MCFI was approved by USCIS as a Regional Center on July 28, 2010.
- What investment options do I have for my consideration?
We have a variety of industries and businesses in Indiana and Kentucky which offer qualified projects. They include: manufacturing, residential construction, medical office buildings, hotels, restaurants, senior care retirement communities, call centers and office buildings.
- Do I need my own immigration lawyer to prepare and file my immigrant investor (I-526 and I-829) petitions?
We recommend that you hire your own immigration lawyer. If you do not know one, we have a list of highly qualified members of the American Immigration Lawyers Association who can meet your needs. Remember that your relationship to the immigration lawyer does not involve your relationship to MCFI-RC. Your relationship to the immigration lawyer involves a separate, professional relationship. A portion of your USD 50,000 “Administrative Fee” has been allocated to pay some of these professional fees in your native country as well as in the U.S.
- I want to move to the United States and invest in Indiana or Kentucky, do I have to live there?
No. The EB-5 visa program allows you and your family members to get conditional green cards and live anywhere you like. Your investment dollars may be at work in Indiana or Kentucky, but you may live anywhere in the United States, or your home country.
- Can my spouse and children also receive "green cards" under the EB-5 visa program?
Yes. Your spouse and unmarried children under the age of 21 are eligible for the conditional immigrant visa that you applied for when your lawyer filed your I-526 petition. Having a green card allows children to enroll in many U.S. universities at “in-state” tuition rates which may save as much as USD 25,000 per year per child.
- If my I-526 petition is denied, will all of my investment funds be returned to me?
Yes. Your entire investment (USD 500,000 or USD 1,000,000) will be returned to you and your administrative fee of USD 50,000 minus USD 10,000 will also be refunded.
- Does MCFI-RC guarantee my investment?
No. By federal law, your investment must be "at risk" for at least 2 years. If not, your investment is not considered a "qualifying investment." However, MCFI will negotiate the best possible strategy for the return of your USD 1,000,000 - 500,000 investment, normally after a 5-year period.
- Should I consult my own financial advisor before investing?
Yes. MCFI-RC urges prospective investors to please consult their own financial advisors for advice on investing through this program.
- Will I have any control over my investment?
As a subscriber to a limited partnership unit, you will have as much control over your investment as allowed under the Limited Partnership laws of the state in which you invest. An American citizen will not be given preferential treatment if he invests in the same limited partnership as the foreign investor.
- How is the investment structured?
MCFI's business model uses the Limited Partnership structure. In some cases, MCFI may negotiate a loan to a project for the foreign investor if a loan produces a higher or safer return for the foreign investor.
- Can I visit the project location?
Definitely! MCFI will be glad to coordinate your visit anytime.
- How long will the conditional residence petition take?
The conditional resident petition may take from 60 to 90 days for processing - sometimes less for expedited petitions (see Pathway to Citizenship document).
- How do I apply for citizenship?
Within 90 days prior to the fifth year of your permanent residence, you may file a petition for naturalization (citizenship).
- For how many years is my permanent resident card valid after the USCIS removes conditions?
- If I want to live in my home country, how do I maintain resident status in the United States?
You must spend at least one day of 365 days each year in the United States to preserve permanent resident status. If you remain outside the United States for one year, you may be deemed to have abandoned your permanent residence status and it can be taken away from you.
- What is a Rural Area (RA)?
A rural area is identified as a community of less than 20,000 people.
- Who is considered an "accredited investor"?
An "accredited investor" is an individual who has a net worth individually or jointly with a spouse in excess of USD 1,000,000. An investor also qualifies as accredited if income exists 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. There must be reasonable expectations of the same income level in the current year.
- What is an "at risk" direct investment?
An "at risk" investment is capital not used in exchange for a note, bond, convertible debt, obligation or any other debt arrangement, but used directly into a new commercial enterprise "at risk."
- What is a troubled business?
A troubled business is virtually any business which has been in existence for at least two years and has lost a minimum of 20% of its net worth during the past 12 to 24months.
- What is a Targeted Employment Area (TEA)?
A TEA is an area with an unemployment rate equal to or greater than 150% of the national average.There are some entire counties that qualify, as well as, pockets of high unemployment that exist in almost every county and city in Indiana & Kentucky.
- How is an expanding business defined?
An expanding business is virtually any business that can show a net worth and/or increase in number of employees equal to or greater than 140% of the existing level prior to the expansion.
- What is the difference between investing in a TEA or RA or in areas that are not TEA’s or RA’s?
TEA or RA areas require a lesser amount of investment USD 500,000. These projects are located in rural areas or areas of high unemployment which may be less desirable and may carry a slightly higher risk and lower rate of return on the investment made by the foreign national. Projects located in non TEA or RA areas require an investment of USD 1,000,000 but they are usually in more desirable locations with higher rates of employment. These projects generally are safer and more secure and have higher rates of return on the investment. MCFI makes every effort to identify and qualify all of its projects as safe, sound and secure but by law the foreign investor must be at risk with his investment and MCFI and is affiliates can assume no responsibility for the project’s profitability.
- If I am a foreign national already in the U.S. on another type visa (J-1, H1-B, etc.), can my visa type be changed to an EB-5 visa?
Yes. If you have sufficient legitimate funds to invest in a project qualified by MCFI and the USCIS for the EB-5 visa pilot program, we can usually get your green card very quickly.