- This visa category is for:
- Investors who make either a $500,000 or $1,000,000 investment in a commercial enterprise in the U.S.; and
- Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.
What is an EB-5 category?
Note that as of November 21, 2019, the amounts above will change to $900,000 and $1.8 million USD respectively.
If you are an investor, you can qualify for a U.S. Permanent Residence (Greencard) through the EB-5 Immigrant Investor Program. To do so, you must invest in a commercial enterprise in the United States and create economic movement through ten permanent full-time jobs. You can choose between a $500,000 investment in a “Regional Center” or a $1 million investment of your choice.
Investment through a Regional Center allows you to qualify for an Employment based Visa and Greencard without the constraints of having to set up and operate a U.S. business. This option also allows you to live anywhere in the United States, engage in any other activity, work, or retire.
What is a Regional Center?
Regional Centers are legal entities, organizations, or municipal or state agencies approved by USCIS (United States Citizenship and Immigration Services) that allow foreign investors to qualify for a permanent residence through investment. Regional Centers focus on areas in the United States where they seek to promote economic growth through new jobs, economic activity, export sales, and development.
What is the EB-5 Application Process?
The process begins with our attorneys helping our clients choose a Regional Center. Once the $500,000 investment money is secured, our office prepares a Form I-526 petition, along with the preparation of all the supporting evidence that accompanies the application and submits it to USCIS. It is crucial for the Form I-526 petition approval that the investment funds were legally obtained. The Regional Center is responsible for providing all relevant information regarding the Investment Project to our attorneys.
The adjudication of the Form I-526 petition by USCIS currently takes approximately 12-18 months. The time varies depending on the number of pending applications with USCIS.
Do I get a 2-year conditional permanent residency?
Yes, once the Form I-526 is approved, investors can adjust their status to permanent residents if the investor is living in the United States in non-immigrant visa status or through the U.S. consulate/Embassy if the investor is living abroad. At the end of one of these two processes, the foreign investor obtains a 2-year conditional permanent residency.
How do I remove the conditions of the permanent residency/green card?
During the final 90 days of the 2-year conditional residence, the foreign investor must file Form I-829, Petition by Entrepreneur to Remove Conditions. Our attorneys will present proof that the foreign investor maintained the investment and that the Regional Center created at least ten jobs per immigrant investor, as presented in the Form I-526 petition. This process is currently taking approximately 18 months.
Do I have to do due diligence?
Yes. Our office encourages foreign investors to conduct their own due diligence prior to making an investment. Foreign investors should understand in great detail how the Regional Center of their choice works. We assist our clients during this entire process to ensure that the investment is managed with the least risk possible.
If you have any questions about the employment-based immigrant visa categories, call us today to schedule an initial consultation at (407) 818-1244 or send us a message here
Terra Immigration can help.