People around the world look at the United States as at a preferable place of living. There are many reasons for this - stable economical and political situation, legal protection and guarantees, multiple opportunities for professional and personal growth, to name just a few.
The United States has very favorable policies, including its immigration law, for people who are willing and able to contribute to the country’s development. U.S. permanent residence (otherwise known as a green card) through investment is one of the most reliable immigration strategies.
The Requirements for EB-5 program
- Investment of $1,800,00 million or more into a commercial enterprise
- Investment of $900,000 or more if the area is deemed to be a rural area or with high unemployment rate
- Creation of 10 new full-time jobs or preservation of 10 employment positions for the U.S. residents within two years
How to Make an Investment?
There are two ways to invest in a commercial enterprise in the U.S.
- Establish a new business or become a partner in the already-existing U.S. company; or
- Invest through a regional center.
The Process of Obtaining a Permanent Resident Status through Regional Center
Regional Center is a commercial enterprise that was accredited by the U.S. government to accept foreign investments with the goal of providing a smooth path to the approval of EB-5 petition.
- Investor and his attorney select a regional center
- Investor makes investment to the regional center and gets a share of equity
- An attorney prepares and submits I-526 immigration petition for a two-year green card
- Once the petition is approved, an investor and his family members immigrate to the U.S.
- Regional center manages the commercial enterprise and creates 10 job positions during the two-year period
- An attorney prepares and submits I-829 petition to remove a 2-year condition on the investor’s green card
- Investor and his family members receive a status of the permanent residents of the United States without any restrictions
- Regional center returns the amount of original investment with interest
The Process of Obtaining a Permanent Resident Status through Direct Investment
- Investor registers a commercial enterprise in the U.S. or becomes a partner in the existing one
- Makes an investment (money deposited to the bank account are not considered “an investment”)
- Creates a business plan and assembles other supporting documents to demonstrate the legitimacy of the business and likelihood of creation of 10 employment positions
- An attorney prepares and submits I-526 immigration petition for a two-year green card
- Once the petition is approved, an investor and his family members immigrate to the U.S.
- Investor actively manages the commercial enterprise and creates (or preserves) 10 job positions during the two-year period
- An attorney prepares and submits I-829 petition to remove a 2-year condition on the investor’s green card
- Investor and his family members receive a status of the permanent residents of the United States without any restrictions
Direct Investment vs Regional Center
Investment through a Regional Center is a good vehicle for those who want to reside in the U.S., either is not interested in conducting business personally or are not sure their enterprises are able to create 10 jobs within two years as required by the regulation.
Direct Investment suits investors who know U.S. market well, wish to participate personally in the development of business, feel confident that their enterprises will be able to maintain 10 permanent employment positions within the first 2 years after receipt of investment.
Approximately 90% of the I-526 petitions filed each year are filed by the foreign investors who are investing in Regional Centers.
Is it risky?
The regulation requires investment to be at risk. “At-risk” does not mean it has to be risky. Thorough research and preparation is the main ingredient for success. Work only with the top professionals in the industry!
How an Immigration Attorney Assists in the Process?
The eligibility of the foreign investor, legal source of the capital, and status of the business enterprise must be demonstrated by the extensive documentation. Every petition is tailored to the personal situation of the investor and every case is undoubtedly different. Notwithstanding the foregoing, the typical services of the lawyer that are required in every case include:
- Research and analysis of the stability and capitalization of a business enterprise / regional center;
- Thorough review and analysis of the client's documentation;
- Consulting and assisting the client during the investment process;
- Collecting, assembling and explaining the nature and purpose of the supporting documentation to the USCIS;
- Drafting a lengthy legal memorandum, which demonstrates the client’s eligibility for the EB-5 program with references to the legal statutes and regulations;
- Preparation & submission of a complete set of petition materials to the USCIS;
- Regularly communicating with the USCIS regarding the status of the client’s pending application;
- Responding in writing to all USCIS’s inquiries and requests;
- Consulting the client during the whole process;
- Assistance after the approval of the application to ensure the client and his family members receive green cards expeditiously.
The cost of the legal work is determined based on the complexity of the services to be performed and time required to accomplish the said. The average EB-5 case takes about 100-150 attorney’s hours and 100-150 paralegal’s hours.
Should you have any questions please feel free to contact our firm. We will gladly explain the legal requirements and the process in detail.
