If you wish to participate in the EB-5 program, which requires a minimum initial investment of $500,000, additional details can be provided during a free initial consultation.
Our job is to provide you with the following solutions for your EB5 investment:
- Purchasing representation for EB5 projects (ID new projects with high level of due diligence).
- Analysis of EB5 projects (feasibility, and job creation impact risk)
- Identification of qualifying and potential EB5 projects for investment (Regional center selection)
- Follow up with the investment by providing a bridge between attorneys involved in the process as well as with the companies offering projects under EB5 rules
- Deal with regional center on behalf of client from the beginning of the process to the conditional green card approval
- APPLICATION process – takes up to 45 days until the funding day.
- (Fill forms: Questionnaires, Subscription and PPM analysis)
- Deposit funds $500,000 USD and application fee average $50,000.00 USD into escrow accounts
- I-526 APPROVAL PROCESS – takes 14 to 19 months in average
- Submit I-526 to USCIS
- Apply for CONDITIONAL GREEN CARD – 3 to 6 months Average
- After I-526 approval
- Receive a “Conditional” green card – valid for initial 24 months
- I-829 APPROVAL PROCESS 8 to 10 months average
- Submit I-829
- I-829 approval
- Your “Conditional” status is removed
- Green Card valid Permanently
- About 5 years after funding
- Investment Principal returned to investor
- Option to apply for US Citizenship 5 years after receipt of conditional green card
Frequently Asked Questions & Answers
Having a Green Card provides many benefits that accomplish these goals:
• Legal permanent residents under the EB-5 Investor Program enjoy many of the same
benefits as United States citizens;
• The U.S. is a safe harbor for your family as well as your personal and business investments. Any member of the family with a Green Card can enter the U.S. at any time and stay as long as he/she wishes;
• Investors have constant and easy access to the U.S. for personal, trade and business purposes;
• Permanent residents travel to the U.S. without the need of a Visa;
• Investors may work, live, or own their own proprietary business anywhere in the U.S.;
• The U.S. has internationally recognized colleges and universities for basic education and
graduate study. As a resident, the investor can benefit from lower tuition costs;
• The cost of living in the U.S. is lower than most large industrial nations. Consumer goods, services, and housing are significantly less expensive than comparable services and goods in most other countries;
• Students may work in the U.S. while they attend college and then continue to work
afterward, enabling the student to pay part of his/her education and to work while completing graduate and postgraduate studies;
• The U.S. provides many financial, social and education entitlements: public schools, health and medical attention, social security and education;
• The Investor has the ability to bring other family members to the U.S. after proper application and can obtain U.S. citizenship after 5 years;
• The permanent residency requires no renewal or re-application. Other U.S. non-immigrant Visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional filing with the USCIS or Department of State. Furthermore, U.S. Immigration Laws may change and prevent future approval when a renewal of Visa is required.
The second requirement is that you not abandon the United States as your permanent residence.
Remaining outside the United States for more than one year does not mean you have automatically given up your Green Card. If your absence was intended from the start to be only temporary, you may still keep your permanent resident status. However, you may no longer use your Green Card as a U.S. entry document. You must either apply at a U.S. consulate for a special immigrant Visa as a returning resident or you must obtain what is known as a reentry permit.
However, if you give up your U.S. residency, you will lose your Green Card.
With such a reentry permit, you can return to the U.S. even after one year until the reentry
Permit’s expiration date. Reentry permits are issued for two years. You cannot renew a reentry permit, but you can return to the U.S. for a short time and apply for a new one. The second such reentry permit will be granted for two years, but subsequent ones may only be approved for one year at a time.
If you received your Green Card through marriage, and have not been married for two years, you should have a “conditional” Green Card that is good for two years. Also, if you received your Green Card through investment (EB-5), you should have a “conditional” Green Card for two years.
You must apply for removal of the conditional status within 90 days before the end of the initial two years. Once that is approved, you have a regular “unconditional” Green Card. If you apply either too early or too late, you will have a problem and should consult an immigration attorney for advice.
If you do not have the conditional status removed, the Green Card will become invalid at the end of two years, and your permanent resident status will be terminated.
“Unconditional” Green Cards are good for ten years. This does not mean that after ten years, you stop being a legal permanent resident – only the card itself becomes invalid. You must apply for a new one using form I-90. Without a current Green Card, you cannot use it to travel out of the U.S. or use the Green Card as evidence that you are permitted to work.
• No minimum requirements as to age, ability to speak English, employment experience or education;
• Investor and family may live/work anywhere in the United States. Minor children may obtain employment, subject to age, state and governmental laws and regulations;
• Education benefits including admission to universities at U.S. resident costs;
• Does not require immigrant investors to manage their investment daily. After five years, the investor and his/her family may obtain U.S. citizenship, subject to meeting all immigration requirements, as required by law.
The principal investment is typically returned in one of two ways, depending on the kind of investment made. In a loan model, the principal is returned when the Job Creating Enterprise repays the loan to the New Commercial Enterprise (NCE), and the NCE cashes out its investors.
In an equity model, the investor must find a willing buyer to purchase the equity interest at fair market value. The buyer may be the NCE, the developer, or a third party. The funds cannot be returned until after I-829 approval.
The student does not have to return to the country of origin and can adjust status in the United States at the district office of the USCIS.
One of the most important rights legal permanent residents possess is the right to obtain U.S. citizenship after five (5) years. There are two ways to become a U.S. citizen. One is by being born in the U.S. The other is by naturalization. The first step in becoming a U.S. citizen through naturalization is to become a Legal Permanent Resident (LPR). Being a LPR for 5 years is a basic requirement to qualify for naturalization. Once becoming a U.S. citizen, an individual is entitled to benefits including the right to vote and hold public office.
• Is an entity, organization or agency that has been approved as such by the U.S. Citizenship and Immigration Services;
• Focuses on a specific geographic area within the United States; and
• Seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.
During the mid 1990s several companies competed for investment capital from foreign investors through the EB-5 program. Most of the companies didn’t offer sound investment opportunities, did not raise the full $1 million investment capital and/or did not hire the required number of employees.
INS wanted to stop these abuses of the program. Due to lawsuits, the EB-5 program was effectively placed on hold between 1998 and 2002. In 2002, Congress passed a new law to protect pre-1998 investors. Also, in a case commonly known as “Chang,” the 9th Circuit Court of Appeals ruled that INS may not apply its new rules retroactively. In August 2003, INS began approving regional center petitions for the first time since 1998.
It is now common knowledge that EB-5 immigration petitions should be approved by the INS if they’re based on sound investments in designated regional centers for the full $1 million dollars [$500,000 in Targeted Employment Areas (TEA)] and include the proper supporting documentation. In October 2009, the EB-5 pilot program was extended for three years, until September 30, 2012. At that time, it may be further extended or potentially expire.