EB-5 Permanent Residency Investment Lawyer
Obtain Permanent Residency Through Capital Investment
The fastest and least complicated route to obtaining permanent residency (i.e. a green card) is by applying through the EB-5 Investment program. This particular immigration program requires the applicant to make a significant investment into a new or existing commercial enterprise that creates new jobs for Americans. In exchange for this investment of capital, the alien investor can be granted a permanent residency for their entire family (including a spouse and all unmarried children under the age of 21.) In the beginning, an EB-5 Investment Program required a million dollar investment, and the business venture had to create no less than 10 new job opportunities for qualified Americans.
However, the USCIS provided potential immigrants with a second option within the EB-5 program, entitled "The Regional Center Program." In this new configuration of EB-5, the investor may invest into a pre-existing fund, management company, or business which is pre-approved by the United States Government. These USCIS approved Regional Centers are typically private business development projects that allow for an investor to allocate only $500,000 and in return acquire a small ownership interest. The origin of the investment can be from investor's own funds, a loan, or a gift.
The Regional Centers must utilize this foreign infused investment to create 10 direct or indirect jobs in the US. Simply stated, these Regional Center Investments are created to specifically satisfy all the requirements for a foreign investor to receive his (and his family's) permanent residency cards. Regional Centers are generally low in risk and will afford the investor a low return on investment and a return of their entire investment in 5 to 6 years.
Advantages of the Regional Center EB-5 programs EB-5 investors need only a $500,000 investment instead of the previously mandated $1 million investment, and 10 separate created jobs are not needed (indirect employment creation is accepted for Regional Center cases). Also, there is no requirement to live in the area where the investment is made for the Regional Center EB-5 project; applicants can work, go to school or retire anywhere in the U.S. It is a fast-track immigrant (green card) status i.e. applicant can enter the U.S. within 6 months to a year from time of placing the money in Escrow. Many other USCIS immigrant programs have long backlogs for pending family and employment petitions. Furthermore, no day-to-day management of an active business is required for Regional Center cases; however, applicant has a policy-making role as a limited partner (i.e. voting rights).
Investor is presented with the confidential documents of the Investment Project. Investor and his advisor review the material including the Partnership Documents, Escrow Agreement Document, Subscription Agreement & Private Placement Memorandum.
Investor executes (signs) the subscription agreement and limited partnership agreement. The investor deposits $530,000 into the escrow account. Our Firm, Regional Center Program, and investor begin gathering documents to build the I-526 petition.
Our Firm submits Immigration Petition (I-526)
Upon approval of I-526, Department of State issues instruction packet for Immigrant Visa Application (DS-2001 & DS-230i) which contains information and forms for investor completion prior to scheduling a visa interview.
Investor is notified of U.S. Consulate interview date and receives Appointment Package for Immigrant Visa Applicant (DS-230ii). Medical examination is required.
U.S. Consulate Interview or adjustment of status (Conditional Visa is granted usually at the time of interview)
Immigrants enter the U.S. within 180 days after approval
Our Firm files application for removal of conditions I-829 on visa (21-24 months after U.S. entry)
The conditional status of the visa is removed
U.S. citizenship optional (60 months after U.S. entry)
Regular EB-5 Program
For EB-5, the large majority of applicants use the US CIS approved Regional Centers for their investment simply because the investment is only $500,000 and the Regional Centers satisfy all US CIS criteria. Most EB-5 approvals are through the Regional Center Program because the Regional Centers design their projects to fulfill the detailed requirements for the EB-5 Program.
However, an applicant can apply individually if they satisfy the criteria below. This program requires a minimum investment of 1 million U.S. dollars, along with the creation of ten new jobs; however it does not necessarily need to be a brand new business. The applicant can choose to invest in an existing company that has already been established, provided that the capital investment will result in the creation of new jobs.
The EB-5 applicant must establish a business or invest in an existing business that was created or restructured after November 19, 1990; the EB-5 applicant must have invested $1 million unless the investor is investing in a "targeted employment area," in which case the investment may be $500,000; the enterprise must create 10 full-time jobs for U.S. workers; and the EB-5 investor needs to be involved in the management of the enterprise either through day-to-day managerial control or through policy formulation.
Three Qualified Business Enterprises
- Newly created commercial enterprise;
- The purchase of an existing business with new restructuring or reorganization so it may be considered a new commercial enterprise, or
- Expanding an existing business created after November 1990, creating ten new jobs, and investing 1 million dollars (or $500,000 if the area is designated as a "Targeted Unemployment Area").