EB-5 Green Card

• Employment Permit: A standout advantage of the EB-5 visa is the employment freedom it grants to investors and their families. Unlike other visa categories that restrict the holder to a specific employer or role, the EB-5 visa allows investors to engage in business or employment according to their personal and professional interests across the U.S.
• Residence Permit: Beyond the realm of employment, the EB-5 visa affords investors and their immediate family members the right to live anywhere in the United States. This unique benefit not only fosters a sense of belonging but also opens up a diverse range of living and educational options for the entire family.

The initial Green Card obtained through the EB-5 visa program is conditional with a two-year validity period. This period serves as a compliance window to ensure the investment meets the necessary job creation requirements. Upon successful verification, investors and their families can secure permanent residency, paving the way to citizenship, subject to meeting all other immigration requirements.

• Spouses: The EB-5 visa extends its benefits to the investor’s spouse, allowing for a collective journey towards a new life in the U.S. This provision ensures that families are not separated, providing a stable environment for spousal support and shared growth.
• Children: A critical benefit of the EB-5 visa is for children under the age of 21 who are unmarried. They are eligible to receive their Green Cards alongside their parents, affording them the opportunity to live, study, and work in the U.S. This advantage opens up pathways to prestigious educational institutions and a higher quality of life.

The endeavor to partake in the EB-5 Visa program involves fulfilling specific criteria to facilitate a seamless and successful application procedure.

• Capital Investment:
  • Investment in Targeted Employment Area (TEA): A minimum investment of $800,000 is mandated for projects situated within a TEA, identified either as a rural area or an area experiencing high unemployment.
  • Investment outside TEA: Projects located outside TEA boundaries are subject to a minimum investment requirement of $1,050,000, reflecting the imperative to significantly bolster the U.S. economy through substantial financial contribution.
• Job Creation:
  • The investor’s contribution must engender the creation of at least 10 full-time employment opportunities for qualifying U.S. workers within a two-year frame subsequent to the investor’s entry to the United States as a Conditional Permanent Resident.
• At-Risk Investment:
  • The investment must genuinely expose the capital to risk with the intent of yielding financial returns, mandating active investment engagement indicative of business entrepreneurship.
• Lawful Source of Funds:
  • Investors are required to substantiate that their investment resources were garnered through legitimate channels, backed by evidence of earnings, inheritance, gifts, or any other lawful means.
• Active Involvement in the Business:
  • A requisite for the investor’s direct involvement in the daily management or policy formation is set, achievable through assuming roles such as corporate officer, board member, or similar positions instrumental in steering the business’s direction.
• Immigration Petition:
  • To embark on the EB-5 visa application, the investor must first file Form I-526, endorsing their eligibility for the visa and certifying the investment’s compliance with program mandates.

Regional Centers are entities, organizations, or agencies that have received approval from USCIS to sponsor projects eligible for EB-5 investments. These centers serve to concentrate foreign investment into high-impact projects within designated areas, particularly focusing on job creation and economic growth. Investors aligning with Regional Centers have the advantage of counting both direct and indirect job creation towards the EB-5 program’s employment criteria.

Commercial Enterprises are the operational entities into which EB-5 investment capital is funneled. For the purpose of the EB-5 program, a commercial enterprise is defined as any for-profit activity formed for the ongoing conduct of lawful business. This includes, but is not limited to, sole proprietorships, partnerships (whether limited or general), holding companies, joint ventures, corporations, business trusts, or other entities, which may be publicly or privately owned. Engaging in a commercial enterprise is crucial as it is the vehicle through which job creation and investment activities are realized under the EB-5 program.

• Evaluation of Your Case: The first step in the EB-5 visa application entails a thorough evaluation of your eligibility. This involves assessing your financial capability to make the required investment and the legitimacy of the source of your investment funds.
• Constituting Your Eligibility: Determining your eligibility also includes choosing the right investment project, whether it be in a new commercial enterprise or a Regional Center project, especially one that meets the job creation requirements and is located in a Targeted Employment Area (TEA) if seeking the reduced investment amount.

Preparing a comprehensive document dossier is crucial in the EB-5 application process. Essential documents include:

• Financial Statements: To prove the lawful source of the investment capital.
• Business Plan: Demonstrating the viability and the job creation plan of the investment project.
• Passport: Valid for international travel.
• Form I-526: Immigrant Petition by Alien Investor, which details the investment and claims eligibility for the EB-5 program.
• Evidence of Investment: Documents showing that the investment has been made or is in the process of being made.

For investors already in the U.S. on a different visa status, transitioning to an EB-5 visa involves:

• Form I-485: Filing for Adjustment of Status to become a conditional permanent resident once the Form I-526 is approved, without the need to return to your home country.
• Medical Examination: Required as part of the application process.

Investors outside the U.S. or those who prefer to process their visas abroad will go through:

• DS-260: Online Immigrant Visa Application after I-526 approval, initiating the consular process.
• Medical Examination: Required as part of the application process.
• Interview: Conducted at a U.S. Embassy or Consulate, where the investor’s eligibility and documentation will be further reviewed.