ACFI - Alabama Center for Foreign Investment

General Questions
Investment Questions
Immigration Questions
Definition Questions

General Questions

1. Is the EB5 visa program safe?
Yes and no. The EB5 visa program has been improved by U.S. Citizenship and Immigration Services, but your investment is still "at risk." There are no guarantees.

2. What investment options do I have for consideration in Alabama?
We have a variety of industries and businesses in Alabama which offer qualified projects. They include: heavy and light manufacturing, agriculture, high technology, construction, hospitality, resort and service industries (hotels, restaurants, resorts), golf courses, entertainment, and the like, schools, health care facilities, infrastructure, cruise line support services.

3. 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 short 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 ACFI-RC. Your relationship to the immigration lawyer involves a separate, professional relationship.

4. If I want to move to the United States and invest in Alabama, do I have to live in Alabama?
No. The EB5 visa program allows you to live anywhere you like. Your investment dollars may be at work in Alabama, but you may live in California, New York, Florida, or your home country.

5. Can my spouse and children also receive "green cards" under the EB5 visa program?
Yes. Your spouse and minor children are eligible for the conditional immigrant visa that you applied for when your lawyer filed your I-526 petition.

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Investment Questions

1. If my I-526 petition is denied, will I receive all my investment funds back?
Yes. Your entire USD 500,000 will be returned to you.

2. Does ACFI-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."

3. Should I consult my own financial advisor before investing?
Yes. ACFI-RC urges prospective investors to please consult their own financial advisors for advice on investing through this program.

4. 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 Alabama Limited Partnership Act.

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Immigration Questions

1. 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.

2. 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).

3. How many years is my permanent resident card valid after USCIS removes conditions?
Ten years.

4. 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.

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Definition Questions

1. What is a Rural Area?
A rural area is identified as a community of less than 20,000 people. Alabama, in land square miles, is more than 97% rural.

2. Who is considered an “accredited investor”?
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 an 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.

3. What is an “at risk” direct investment?
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.”

4. 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.

5. What is a high unemployment area?
A high unemployment area is an area with an unemployment rate equal to or greater than 150% of the national average. Even though Alabama’s unemployment rate is the lowest in the State’s history, there are some entire counties that qualify, as well as, pockets of high unemployment that exist in almost every county and city in Alabama.

6. 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.

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