EB-5 Immigrant Investor Program
What is an EB-5 Visa?
The EB-5 Immigrant Investor Program is a fifth-preference immigrant visa category designed to attract foreign nationals who are willing to invest significant capital into the United States economy in exchange for obtaining permanent residency.
Benefits of the EB-5 Immigrant Investor Program
The EB-5 Immigrant Investor Program offers numerous benefits, including:
- Permanent Residency: Allows investors and their immediate family members to live and work permanently in the U.S.
- Path to Citizenship: Green Card holders can apply for U.S. citizenship after five years.
- Family Benefits: Spouses and unmarried children under 21 can also obtain Green Cards as dependents.
- Employment Flexibility: Freedom to engage in employment without restrictions.
Direct Investment Eligibility Criteria:
- Investment Amount: Investors must invest at least $1,800,000 in a new commercial enterprise, or $900,000 if the investment is made in a targeted employment area (TEA), which is a rural area or an area with high unemployment.
- Job Creation: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of the investor’s admission to the United States.
- Active Involvement: Investors must be involved in the day-to-day management or policy formulation of the business.
Regional Center Investment Eligibility Criteria:
- Investment Amount: Similar to direct investment, investors must invest at least $1,800,000, or $900,000 in a TEA.
- Job Creation: The regional center investment must create 10 full-time jobs, which can include both direct and indirect jobs.
- Passive Investment: Investors can take a more passive role, as regional centers handle the management and operations.
What We Do
- Investment Consultation: We provide an initial consultation to assess your eligibility and discuss potential investment opportunities that meet the EB-5 program requirements.
- Due Diligence: We conduct thorough due diligence on prospective investment projects to ensure compliance with EB-5 program regulations and maximize the likelihood of a successful outcome.
- I-526 Petition Preparation: We assist with the preparation and filing of the Form I-526 petition, including gathering supporting documentation and evidence of the investment.
- Conditional Permanent Residency: We guide investors through the consular processing or adjustment of status process to obtain conditional permanent residency in the United States.
- I-829 Petition Preparation: We help prepare and file the Form I-829 petition to remove the conditions on permanent residency, providing evidence of job creation and compliance with EB-5 program requirements.
- Family Sponsorship: We assist investors in sponsoring their spouse and unmarried children under 21 for derivative EB-5 visas.
The EB-5 Immigrant Investor Program is an attractive option for foreign nationals seeking permanent residency in the United States through significant economic contributions.
Why Choose Us
- Expert Guidance: Our knowledgeable attorneys will walk you through the entire process, answering any questions you may have along the way.
- Tailored Support: We take the time to understand your specific circumstances and provide solutions that fit your needs.
- Peace of Mind: With our support, you can feel confident that your application is in good hands.
Ready to immigrate to the United States and invest in the world’s largest economy? Contact our law firm today to schedule a consultation with one of our experienced immigration attorneys.
Application Process for the EB-5 Visa
The application process for the EB-5 Immigrant Investor Program involves several steps:
Step 1 | Selection of Investment Investors must choose between direct investment and regional center investment. Factors to consider include the amount of control desired, the level of involvement, and the specific project or business. |
Step 2 | Filing Form I-526, Immigrant Petition by Alien Investor Investors file Form I-526 with U.S. Citizenship and Immigration Services (USCIS).
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Step 3 | Adjustment of Status or Consular Processing Once Form I-526 is approved, investors can proceed with either adjustment of status (if already in the U.S.) or consular processing (if outside the U.S.). Adjustment of Status (Form I-485):
Consular Processing:
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Step 4 | Removal of Conditions (Form I-829) After obtaining conditional permanent residency, investors must file Form I-829 within the 90-day period immediately before the second anniversary of their admission to the United States as a conditional resident. This form is used to demonstrate that the investment has been sustained and that the job creation requirement has been met. |
Frequently Asked Questions
EB5
- What is a targeted employment area (TEA)?
A TEA is a rural area or an area with high unemployment, defined as having an unemployment rate of at least 150% of the national average. Investments in TEAs require a lower minimum investment amount of $900,000.
- How many jobs do I need to create for an EB-5 visa?
EB-5 investors must demonstrate that their investment will create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years of receiving conditional permanent residency.
- What types of jobs qualify for the EB-5 program?
Jobs created or preserved by the EB-5 investment must be full-time positions that are available to qualifying U.S. workers. They can include direct jobs within the new commercial enterprise or indirect jobs created as a result of the investment.
- How long does the EB-5 visa process take?
The processing time for an EB-5 visa can vary widely based on factors such as the applicant’s country of origin, the complexity of the investment, and the workload of the relevant government agencies. On average, it can take several months to a few years.
- Can I bring my family with me on an EB-5 visa?
Yes, the spouse and unmarried children under 21 of the primary EB-5 visa holder can also obtain Green Cards as dependents. They are eligible for employment and education benefits in the U.S.
- Can I change my investment project while my EB-5 application is pending?
Changing investment projects can complicate the EB-5 application process. It is crucial to consult with an experienced immigration attorney to navigate such changes and ensure compliance with program requirements.
- What happens if my I-526 petition is denied?
If your I-526 petition is denied, you may appeal the decision or file a motion to reopen or reconsider the case. Working with an experienced immigration attorney can help improve your chances of a successful outcome.
- What is conditional permanent residency?
Conditional permanent residency is granted to EB-5 investors and their families for a period of two years. During this time, they have all the rights and privileges of permanent residents but must meet certain requirements to remove the conditions and obtain permanent residency.
