how to become a eb-5 investor lawyer

If you are currently within the U.S., you can submit a Form I-526, which is the Immigrant Petition for Alien Investor, and a Form I-485(the application to obtain a lawful permanent resident status) at the same time. If you are outside the U.S., you must go through consular processing in order to complete the EB 5 process.

Full Answer

What is the minimum investment required for EB-5 investment?

While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including: The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;

Can EB-5 investors apply for green card?

EB-5 Immigrant Investor Program USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: Make the necessary investment in a commercial enterprise in the United States; and

What is the EB-5 program and who qualifies?

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

Are the EB-5 regulations still in effect 2019?

While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019. Under the vacated rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program that went into effect Nov. 21, 2019 are no longer in effect.

How do you qualify for EB-5?

EB-5 Visa Requirements Summary The investor must show a lawful source and path of investment funds. The investment must be made in a for-profit U.S. commercial entity. The investment must create 10 full-time U.S. jobs within the first two years after conditional residency is granted.

How much money do you need for EB-5?

The basic requirements to get an EB5 visa are that you must invest at least $1,800,000 (or in some cases $900,000) in a US business and create 10 jobs for US workers. Based on your investment, you are eligible for a green card for yourself, your spouse, and your unmarried children under 21 years old.

Can I start my own business for EB-5?

Yes, you can invest in your own business. You can file an EB-5 petition after the fund is transferred to a U.S. enterprise. It is a good idea to partner with other people since you cannot be in the United States until your application is approved and you receive a visa.

Can you buy a green card legally?

Investors can get green cards if they put enough money into U.S. businesses. Foreign nationals who invest at least $1,000,000 into a new business or $500,000 into a business in one of the targeted employment areas can then apply for their green card.

Can I buy UK citizenship?

The investor, his or her spouse and children under 18 years old can apply for UK citizenship by investment one year after receiving permanent residence. During this period, it is important not to travel outside the UK for more than 90 days. Application fee for citizenship by investment for each person is £1330.

Do EB-5 investors get their money back?

Do EB-5 investors get their money back? EB-5 investors may get the full or part of their invested money back when their immigration and investment cycles are completed. Many regional centers would include the terms and conditions of this exit procedures in the investment agreement or other documents.

How long does it take to get green card through EB-5?

six monthsThe government usually issues a permanent green card around 6 months after the I-829 has been submitted. The EB-5 Visa is also fast! The average processing time for the EB-5 Visa is six months, and the initial application and petition are usually approved within 60 days from the date of filing.

Can you get a green card if you are rich?

Like many countries, the U.S. provides a means of entry for wealthy people who will pump money into its economy. This is known as the employment fifth preference—or "EB-5"—immigrant visa, which allows people to obtain permanent residence (a green card) immediately upon entry to the United States.

How many EB-5 visas are issued each year?

10,000 visasApproximately 10,000 visas annually, 7.1% of all employment-based visas, are allotted to immigrant investors and their family members. The majority (80% in FY2019) of EB- 5 visas are issued to investors from Asia, with 46% issued to Chinese-origin investors in FY2019.

Can I buy U.S. citizenship?

US Citizenship by investment EB-5 and E2 are not a citizenship by investment program, However; after getting a Green Card via the EB-5 visa route, investors can apply for USA citizenship after five years of Permanent Residency. This process is known as Naturalization.

Can we take loan for EB-5 visa?

So, yes, you may take out a loan for your EB5 investment capital. However, a loan is trickier to handle than a gift. If secured by personal assets, be prepared to show a promissory note listing the personal security that secures the loan. The USCIS permits unsecured loans for the EB-5 program.

What is the fastest way to get U.S. citizenship?

The fastest way to get a US green card is through sponsorship from an immediate relative. Unlike other permanent resident visa categories, the IR visa is not subject to quotas or lengthy waiting periods. You are eligible for this visa if you are a spouse, child under 21, or parent of a current US citizen.

What is the minimum investment amount for EB-5?

While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019, including: The required standard minimum investment amount of $1 million and the minimum investment amount for investment in a Targeted Employment Area (TEA) of $500,000;

Who administers the EB-5 program?

USCIS administers the EB-5 Program. Under this program, investors (and their spouses and unmarried children under 21) are eligible to apply for a Green Card (permanent residence) if they: Plan to create or preserve 10 permanent full-time jobs for qualified U.S. workers.

What is the purpose of the I-526 email?

PURPOSE: The primary purpose for providing the requested information in your email is to determine your eligibility as a class member and, if so, to make a determination whether to reconsider your Form I-526 petition.

What is the EB-5 visa?

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive.

Why is the EB-5 program called the EB-5?

This program is known as EB-5 for the name of the employment-based fifth preference visa that participants receive. Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors.

When will the EB-5 be finalized?

While USCIS considers this decision, we will apply the EB-5 regulations that were in effect before the rule was finalized on Nov. 21, 2019. Under the vacated rule published by the U.S. Department of Homeland Security, several changes to the EB-5 Immigrant Investor Program that went into effect Nov. 21, 2019 are no longer in effect.

When was the EB-5 program created?

In 1992 , Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

Elements of EB-5 Visas

The enterprise must be new (formed after November 29, 1990) and it must be a commercial enterprise. An enterprise formed before this date may qualify if an investor “restructures” or “expands” an existing business.

Troubled Business Investment

An investment in a troubled business enterprise must meet the following criteria to be considered an eligible investment for EB-5 purposes:

Regional center program

Under this program, foreign investors who invest $500,000 or more in economically challenged U.S. regions qualify for immediate immigration to the U.S. together with their families.

List of documents investors need to provide

1. Narrative of the investor’s past earning history, current occupation or business, history of how he or she has made the investment funds;

IMMIGRATION SERVICES IN HIGHEST DEMAND

United States Citizens and Lawful Permanent Residents can sponsor certain family members for permanent residence in the United States. This is the most common method of obtaining one’s “green card.” An individual can apply for a...

Professional Counsel for Foreign Investors

Los Angeles and California are welcoming and supportive of investors and entrepreneurs (think of all the tech companies that had their start in Silicon Valley). If you’re a foreign-born national or citizen who wants to make an investment in the United States while obtaining your green card, the EB-5 visa may be the solution for you.

Important Things to Know About How the EB-5 Program Works

You have to have at least $500,000 that you will use to make an investment in the United States.

Qualifying Investments Must Support an EB-5 Visa Application

The qualifying investment of at least $500,000 is an integral part of the EB-5 program. The applicant can make the investment in one of two ways:

Removing the Conditions on Your Residency

If your EB-5 application is successful, you’ll be granted a conditional green card that’s valid for 2 years. In the 90 days before this conditional green card expires, you’ll need to apply to have the conditions on this green card removed. The form you’ll need to file is called Form I-829, Petition By Entrepreneur to Remove Conditions.

Risks Associated with the EB-5 Program

The EB-5 program is not without its risks. There’s no guarantee that your investment will result in your EB-5 application being approved. Similarly, there is no guarantee that the investment will produce a certain return (such investments would not be considered qualifying under the EB-5 program).

Learn How a Los Angeles EB-5 Visa Attorney Can Help

The EB-5 visa program can be confusing and daunting for foreign investors. The Goldstein Immigration Lawyers are here to help you sort through the requirements and assist you in determining if this is the right option for you.

What is an EB-5 visa?

In general, the EB-5 Visa is an employment-based immigrant visa category that provides permanent resident status in the United States . EB-5 visas are issued through the U.S. Immigrant Investor Program, which is overseen by the U.S. Citizenship & Immigration Services (USCIS). The Program allows foreign nationals the opportunity to become conditional permanent residents for a period of two years upon making an investment of $500,000 or $1 million. For the Investor Visa process in a “regional center”, the investment must be in a “new commercial enterprise” that is located in a designated Targeted Employment Area and must create at least ten new jobs for U.S. workers, either directly or indirectly. Once the job creation requirement is met, the conditions are removed and investors obtain unconditional permanent residency.

What is the purpose of the EB-5 visa?

Congress created the EB-5 immigrant investor visa category in the Immigration Act of 1990 in the hopes of attracting foreign capital to the US and creating jobs for American workers in the process. The overall advantage of the EB-5 visa category is that it allows the beneficiary to engage in commercial enterprise anywhere in ...

How much capital investment do I need to invest in a project?

The investment must be $1 million, or $500,000 if the project is situated in a Targeted Employment Area (TEA). These investments are often made into an escrow account. The immigration attorney provides proof of this investment by filing an I-526 petition along with supporting documentation with USCIS. USCIS typically informs applicants whether or not their I-526 petition has been accepted after 12 to 18 months.

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Can an EB-5 investor file an I-485?

1. If the EB-5 investor already has lawful status in the US, then they can file an I-485 seeking to adjust their status to conditional permanent residence status.

Understanding The EB-5 Program

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