WHAT IS EB-5 INVESTMENT VISA/GREEN CARD?

Very loosely stated, the EB-5 visa is an immigration visa designed to allow well-established persons such as you to live in the United States. The visa allows you, the investor, to invest as little as $500,000 into a new business or a designated EB-5 regional center program and gain legal permanent residence—what is commonly referred to as a US “green card”—in the United States for life, or for as long as you choose to build your life here. The EB-5 is not the only investment-based visa option, but it is the only one that enables the investor to apply directly for permanent resident status in exchange for significant investment in the US economy.

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WE ARE SPECIALIZED IN EB5 GREEN CARD AND E2 VISA BUSINESS INVESTMENT. 

WHAT ARE THE ELIGIBILITY CONDITIONS?

EB-5 investor must have invested or be actively in the process of investing

USCIS requirements define investment qualification as capital “invested” or “actively in the process of investing”, however, in practice, USCIS requires the requisite amount to be already invested and at risk at the time of petitioning. USCIS wants to see that the investment funds are irrevocably committed by having already been paid out to make the investment. In other words, if the investment is the purchase of an existing  business, then the business must already have been purchased. If the investment business is a start-up business, then the investment funds must have been paid out to equip and supply the business with what it needs in order to operate. [Read more on USCIS website]

EB-5 investment must create jobs.

The business must create a minimum of ten full-time employment positions for “qualified individuals”. Qualifying employment may be for US citizens, other lawful permanent residents, or other legally authorized immigrants permitted to work in the United States (such as those with conditional status, temporary residents, refugees or persons seeking asylum). Generally speaking, the jobs do not need to be in place at the time the I-526 petition for conditional permanent residence is filed. It is normally sufficient to submit a business plan clearly defining the roles and estimated dates that positions will be created and filled. The investor has the possibility to show that the ten new, fulltime jobs have been created during the two-year conditional permanent residence period. [Read more on USCIS website]

Participate in the day-to-day management

The standard EB5 program used to have a definite requirement that the investor actively participate in the day-to-day management of the business. The investor may participate and take a leading role in the business by personally operating the business or, may exert certain rights, powers, and duties by setting policies, decisions, etc, then the petitioner will be considered sufficiently engaged in the management of the new commercial enterprise”. [Read more on USCIS website]

Required Capital

Generally speaking, the required level of capital for the standard EB-5 program is a minimum investment of $1.000,000 However, the standard program does authorize a smaller investment of $500,000 if the investment is made and the enterprise operated in a designated targeted employment area or a rural area. A targeted employment area is one that is economically disadvantaged with an unemployment rate 50 percent above the national unemployment rate. In order to qualify as a rural area the area must have a population no larger than twenty thousand inhabitants, and must not fall within a larger metropolitan statistical area. [Read more on USCIS website]

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THE INVESTMENT PROCESS?

Find Your Business

For getting your EB-5 green card, the most important thing is finding a business that fullfils the EB-5 categories requirements, either in the form of new business or regional center project. Starting your own business can also help you and your family get established in the United States. You need to enjoy the full benefit of your investment. Why not letting us help you find the franchise business of your choice?

Contact an Attorney

Select a suitable U.S. immigration attorney. Many relevant documents concerning the particular EB-5 investment must be prepared and this is where an experienced EB5 attorney can help. You might also need an attorney to help you undrestand legal aspects of your business. We are working with experienced group of attornies and we can introduce them to you while working together for finding the business that fits you and your visa requirements.

Prepared Supporting Documentation

As part of preparing required documetation, you will need to prepare a business plan. A business plan shows how much money you are going to invest, what your goals are, the reasons they are believed attainable and your plan for achieving those goals. Most importantly it shows how many jobs the new investment will create. You also need to register your company and it’s business account. We can help you with every step to have your new business up and running.

Invest into the Business

Upon finalizing your choice of business or regional centewr project, you will need to transfer your fund to the United States. Your money will usually be secured in a screw account until approval of your I526 petition and getting the visa. Then you will be able to enter the United States and have the busines up and running.

File I-526 Petition

Investors should first file Form I526, “Immigrant Petition by Alien Entrepreneur,” accompanied by supporting documentation and the $1500 filing fee with the USCIS California Service Center. Subsequent to the approval of form I-526, the intending immigrant needs to adjust status through an I-485 if he or she is in the U.S., or apply for an immigrant visa through consular processing if he or she is outside of the U.S.

Apply for Green Card

The last step in the EB-5 green card process is for applicants to become unconditional permanent residents by removing their two-year conditional status by filing I-829 petition.  This application proves that the investor has met all requirements of the EB-5 visa program.

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