EB 5 Visa requirement common questions:
Q: "I haven't paid taxes, individual or business, because my country of residence doesn't require it or it isn't customary. Is this a problem?"
A: Catharine: We normally tell clients if they can provide income tax returns, it’s great to do so. If they can't, it's not going to make or break their petition.
We let them know that if USCIS EB5 sends a request for evidence (RFE) for copies of their income tax returns, they will need to either produce them or get a letter from an attorney in their country of residence stating the legal reason behind why they can't provide those tax returns.
I always request tax returns but I’ll still file a petition if I don't have them.
Q: "When will I get my EB5 money back?"
A: Rupy: Often times an investor's understanding may be that their funds are being loaned to a project for five years so they can expect a return of their capital in five years.
Investors should understand that they are making an equity investment in the new commercial enterprise (NCE), and the NCE is making the loan. So the return of capital is dependent on two outcomes, first the repayment of the loan by the JCE and second the liquidation of the NCE by the Manager.