The EB-5 program is an immigrant investor program that allows a foreign investor to expedite the process of getting a green card. This is because it is a preference program that has no quota waiting list.
In this immigration category, the foreign national has to make an investment of 1 million dollars. They can also make an investment of $500,000 in certain qualifying locations that are very rural or have a high unemployment rate. The business that they invest in should provide employment for at least ten US workers. The investor should not be completely passive in the running of the business, but they do not have to take complete charge of its day to day management. It is however important that they state the source of the funds in order to prove that the funds were acquired legally. The funds could belong to the investors, or they could have been given to them as a gift.
After applying for the EB-5 program, the foreign investor will get a conditional visa that is valid for two years. After this time, the USCIS will check to ensure that the business investment created the necessary jobs and that the money has not been withdrawn. If the USCIS are satisfied with their findings, they will make the conditional visa permanent.
The foreign investor has the option of buying an existing business, starting their own enterprise or investing in an existing business. They can also invest their money in pre-approved Regional Centers. These are entities that have been approved by the government in certain geographical locations where the USCIS has already determined that investments will create at least ten jobs for each investor. These jobs could be direct or indirect. Most of these Regional Centers are in locations where $500,000 is the minimum investment amount.
Our EB-5 attorneys work with investors and business owners and advise them on projects that they can invest in to qualify for the immigrant investor Green Card. This include individual programs and investments in new or existing Regional Centers. Whenever appropriate, our company can file an application for a new Regional Center project. We also give foreign nationals advice on the benefits and drawbacks of the EB-5 program over all other immigration programs. In case the foreign national would like to make an individual or direct investment, we work with tax and corporate counsel to create a business enterprise that will meet all the EB-5 regulations. In all scenarios, our EB-5 attorneys will work with the foreign investor to document the legal source of their funds. When you work with us, you can be sure that we will help you file all the necessary documents for your EB-5 immigration petition. We will work with you to petition for a conditional visa, for this condition to be removed, and ultimately for naturalization as a US citizen.