Is EB-5 a truly passive investment?
The EB-5 regulations require involvement in management or policy making. The regulations deem a limited partner in a limited partnership that conforms to the Uniform Limited Partnership Act as sufficiently engaged in the EB-5 enterprise. However, the Uniform Limited Partnership, adopted by most states of the United States, prohibits the limited partner from actively participating in management. We resolve this contradiction by granting the limited partners the right, as a group, to oust the general partner for cause and to suggest or recommend issues of overall policy. Furthermore, our limited partnership structure complies with the Uniform Limited Partnership Act.
Some investment companies accepting EB-5 investors place funds in a trust or escrow account pending Visa approval. Why doesn’t Atlanta EB-5 do the same?
Our primary business is real estate development. Much of our capital comes from investors who do not seek an immigration benefit. Non-EB-5 investors invest on financial considerations only, without preconditions. Therefore, our policy requires that our EB-5 investors commit their investment just as regular investors.
Escrow or trust agreements present immigration difficulties. Although USCIS regulations permit escrow arrangements, we find that USCIS looks more favorably on petitions based on a completed investment rather than a pending one. Finally, escrow makes it difficult to match capital availability to project requirements. Waiting for visa approval can substantially delay a project, which in turn delays job creation. Ultimately, your permanent visa approval depends on job creations. The Atlanta EB-5 Regional Center, LLC keeps credit lines, and sufficient cash reserves to repay investors in event of visa denial.
Given the large number of immigrant investors some denials are inevitable. Although visa denials are very infrequent, denials most commonly involve source of funds issues. In the unlikely event of visa denial based on project structure The Atlanta EB-5 Regional Center will defend its investors’ interests in Court at its expense. Investors should understand that while statistically virtually all regional center 526 petitions are eventually approved, a positive result cannot be guaranteed.
Do I get my investment back if I do not get my green card?
Yes. After exhausting legal remedies, if for any reason beyond your control, you do not receive your conditional U.S. green card (I-526 approval), our contract with you requires that we refund your investment funds.
What are my financial risks?
There are specific risk factors for each limited partnership, which are included in the offering materials for the limited partnership. Risk factors differ among projects, but general risks include economic conditions, owning of real estate investments, law changes, and other risks related to a private investment offering. For a full list of risks related to particular investment, please refer to the offering material.
Can investors “pool” investment capital through one limited partnership?
Yes. EB-5 regulations specifically allow for pooling of funds by several investors to establish a limited partnership sufficient to qualify all participating investors. The only requirement is that each investor individually qualify for the minimum at-risk capital requirement and new job creation requirement.
How does the partnership distribute income?
Each partnership distributes profits to its investors quarterly. The distributions are based on available cash flow and generally set at the beginning of each year. Investors receive a profit and loss statement with each month’s distribution.
At the end of the year, the partnership issues a summary report along with Internal Revenue Service form K-1. Form K-1 details your yearly income and expenses. Your accountant will require form K-1 to prepare your U.S. annual tax return.
How is the investment structured?
Each limited partnership generally owns one property. Your investment purchases an interest in the limited partnership, and you become a limited partner. Your percentage share of the limited partnership depends on the percentage your investment bares to the value of the project. The prospectus (in the offering materials) for each project describes the valuation methodology.
The limited partnership is managed by The Atlanta EB-5 Regional Center, the general partner of the limited partnership. The general partner develops/renovates the property, leases the property, and manages the property. The limited partners receive their share of the income from the properties. All investors of equity projects receive 70% of the profits. In fact, many of our investors invest for profit only without an immigration benefit.
How is my limited partner interest protected?
The Certificate of Limited Partnership must be recorded with the state of Georgia as a public record. The certificate refers to a Schedule A of the limited partnership agreement, which lists the names and percentage interests of the limited partners. The deed, or right of ownership for the investment property, is held in the name of the limited partnership. The deed is also of public record. This means the property cannot be sold, mortgaged, or altered without complying with the terms of the limited partnership agreement.
What is a limited partnership?
A limited partnership is a business organization formed with one or more general partners with one or more limited partners. In the partnership, the general partners are responsible for managing the business and assuming legal debts and obligations, while limited partners are liable only to the extent of their investments. Like shareholders in a corporation, limited partners enjoy return on their investments (similar to a dividend), but the nature and extent of the liability is only limited to the initial amount invested.
What is the minimum investment amount?
The minimum investment amount for our real estate investment projects is generally $500,000, plus syndication fees. Syndication fees may vary between projects; please review our prospectus for the exact amount.
Do I need to be an “accredited” investor?
First of all, accredited investor is a term defined by the U.S. Securities and Exchange Commission (SEC) that describes investors permitted to invest in certain types of higher risk investments, limited partnerships, hedge funds and angel investor networks. An individual is considered to be an accredited investor if he or she has a net worth of at least 1 million U.S. dollars (excluding one’s primary residence) or has made at least 200,000 U.S. dollars each year for the last two years ($300,000 with spouse if married) and has the expectation to make the same amount in the current year.
You must be an accredited investor in order to review and invest in The Atlanta EB-5 Regional Center investment offerings. The $500,000 that will be used for the investment can be counted towards the requirement of $1,000,000 in total assets.
To become a qualified investor and review The Atlanta EB-5 Regional Center offering material, you are required to register by completing the contact form (click here).
How do I invest?
A prospective investor can first register by filling out the contact form ( (click here)) to receive offering materials (investment prospectus).
In terms of investing, once you sign the official English version of the subscription agreement (in the prospectus) and we counter-sign the same document, you are admitted as a limited partner. The next step for the foreign investor is to follow our wiring instructions and send the investment funds. Typically within 1 to 2 days of your wire transfer, our office will send you a confirmation of receipt of the funds. If you are an EB-5 investor, a copy of the remittance confirmation will also be provided to your immigration attorney, so he or she can submit your I-526 petition.
At any stage of your decision-making process, please feel free to contact us via phone, send us an email or set an appointment online to speak to one of our managers.
Any and all information provided above, is for information purposes only. We recommend that you seek qualified professionals for legal advice and representation.