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Immigration
Investment
CWB - EB-5 Questions and Answers
The CWB EB-5 Visa partnership
provides the investor and family with the most flexible and complete
opportunity to a US green card based on a US investment.
The CWB policy is to accept EB-5 investor partners
funds into a trust or escrow account pending visa petition approval.
(Except for the fees – see section on fees below) The visa
petition process at this time, is taking approximately two months
from the time funds are deposited and paperwork is filed. Once
funds are deposited into the trust account, the funds will only
be released after your visa petition application has been accepted.
If the visa petition is not accepted, the investor will be given
the option to have their money returned, or if they choose, they
can continue as a partner in one of the CWB projects and to continue
in the relationship with CWB.
The primary business activity of CWB in the
USA is in the structuring of business partnerships in the medical
health care and wellness service and products industry. (i.e.
Medical & Day Spa Clinics with acupuncture, chiropractic,
skin & body anti-aging and beauty services and products).
Most of the capital injected into the CWB projects comes from
investor partners who also are seeking an immigration benefit;
this creates partnerships of mutual interests, understanding and
objectives
Investors participate in this program based
on the fact that CWB offers a unique opportunity for its foreign
investors and their family to come to the United States, be placed
in a company, or partnership of their own which is designed by
CWB with programs to facilitate learning the language (English)
while also being assisted by CWB to learn the management and business
dynamics of their new business. The CWB investor support program
is designed to help the investor ( EB-5 applicant and family)
file their visa petition application, and during the two years
they are running their business, and then through the final review
process where they apply for permanent residence. CWB assists
the investor with meeting the minimum 10 employee requirement,
and the other business requirements. As far as we know, no other
investment management group has such a comprehensive program to
help its investors integrate into society and the business community
as CWB.
The US government requires that you commit your
capital as any other investor. Nevertheless, If for some reason,
your initial visa petition is not approved by INS, the CWB contract
with you offers to refund your investment. CWB creates successful
opportunities for its investors, and in turn its investment partners,
tell their friends about the program which increases the long
term success of the CWB partnerships. (Some CWB investors are
more interested in the business partnerships than the visa option,
so they choose to invest in the projects without considering the
visa program at all.)
Although the regulations permit escrow - trust
arrangements we find that INS looks more favorably on petitions
based on a completed investment rather than a pending one.
Q: How does the
partnership distribute income?
Each partnership distributes profits to its investors quarterly
or yearly depending on the wishes of the investing partners and
their tax situation. The distributions are based on the period’s
gross revenue income net of expenses. Investors receive a profit
and loss statement with that period’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 US annual tax return.
Q: What documents
must I prepare to process my visa petition?
You must prepare complete biographical information for each applicant.
(CWB can provide you the forms and help you through this process)
The principal applicant (you) must prove the source of the investment
funds. To prove the source of investment funds, INS requires five
years of tax returns, five years of bank records, proof of ownership
in any businesses, financial statements for each business and
business licenses. The idea is to present a track record of an
honest course of dealing. If your money came from a specific transaction,
such as sale of a house, inheritance or gift, you must prove the
transaction occurred, by providing an official document, such
as a closing statement or contract or other official documents.
The items mentioned above, does not include cover everything the
INS may request. Other documents may be required and these requests
simply vary on a case-by-case basis.
Q: What issues
have been problematic in EB-5 cases?
CWB uses a similar investment model for each investor, INS has
approved such investment models and CWB is confident that INS
will approve our investor’s visa petitions based on the
CWB business model. As referred to above, the most common problem
for investors has been that they do not provide enough documentation
of the source of funds. Many people try to disclose the least
possible information only to have the file returned with a request
for further information. It is better to provide too much information
rather than too little information. Because of the recent terror
alerts, governments are suspicions about money laundering, this
is one reason CWB encourages you to make sure the investor has
a well documented source of funds.
Q: How long does
INS take to process my visa petition?
Though we mention above the average time for processing an application
is approximately two months, the processing times vary from as
little as a few weeks to as much as eight months. CWB cannot predict
or promise a particular processing time. CWB will make every effort
to expedite the filing and approval process.
Q: What are the
processing procedures?
A general outline of the application process follows:
Step 1) a) Complete the CWB application and
provide the requested document, and b) wire funds into the CWB
trust account. c) Then CWB’s legal team will begin the process
by immediately Filing form I-526 Petition for Alien Entrepreneur
with the California Service Center. This petition requests INS
to certify the applicant and the investment as eligible for EB-5
visa status.
Step 2) Upon approval of the I-526 petition,
(a) if you are in the United States CWB will assist you in applying
for an Adjustment of Status to Permanent Residence by sending
form I-485 and supporting documents to the INS regional processing
center nearest your US residence. (b) If you are abroad you must
wait for notification from CWB and the Embassy in your home country
to prepare documents for the visa interview. CWB and its legal
team will then help you prepare for the interview. The purpose
of the Adjustment of Status or consulate visa interview is to
make sure you are not subject to a grounds of exclusion, e.g.
a criminal past, infectious diseases, etc.
Step 3) Upon approval CWB will notify you that
you will be receiving a form showing your petition has been approved,
and your travel document. You will also receive the temporary
green card in the mail. If you are abroad CWB will help you arrange
to enter the US shortly after the date of the Embassy approval.
Once you arrive to the US, CWB will assist you (and your family)
with finding housing, introduce you to the employees that will
be working for you, and help you learn English, and help you learn
to manage and operate your new business.
Step 4) After two years, CWB will assist you
in filing for removal of conditions or your permanent green card
using Form I-829. This procedure permits INS to verify that your
business is still operating within the conditions of the EB-5
visa requirements.
Q: What are the
fees?
The fees CWB charges are appropriate and reasonable when the investor
considers that the CWB program is designed to assist the investor
and family, and new business from the time of the initial investment,
through the two year period, to the time when the investor applies
for Permanent Residence.
Q: How can I receive
further information?
If you require any clarifications please take the liberty to contact
please email us at: CWBPARTNER@gmail.com
or phone +1.415.441-2015 or Fax to +1.415.441-3204.
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