The immigrant investor, or EB-5 Immigration, program is a highly beneficial permanent residence option for the wealthy individual. For many foreign nationals it is the best option, and for foreign nationals with no family or employment sponsorship in the U.S., it may be the only option for obtaining permanent residence status.
The EB-5 immigration category requires an initial investment of at least $500,000 ($1 million for some areas) in a commercial enterprise that will employ ten full-time U.S. workers or in a pooled investment project that will result in indirect employment creation for ten U.S. workers. While EB-5 investors role cannot be entirely passive, they are not required to be involved in the day-to-day operations of the business in any way unless they choose to do so. It is also critically important that investors be able to provide documentation of the lawful source of the investment funds, whether their funds are their own or given to them as a gift.
The permanent residence available to investors through the EB-5 program is conditional for a period of two years, at which point it can be made permanent upon verifying to U.S. Citizenship and Immigration Services (USCIS) that the job creation requirement has been met and the investment has been sustained at risk. This means that USCIS will need evidence that the investment has not been withdrawn and that a minimum of ten jobs have been created. Once USCIS has been satisfied, the immigrant investor will receive permanent resident status.
Individuals pursuing EB-5 can invest in their own commercial enterprise, in a commercial enterprise owned by other parties, or in a pre-approved “regional center,” which can be a viable option for those looking to make their investment money back. These regional centers are government-approved entities in designated geographical areas that sponsor investment projects that will create the necessary ten jobs per investor, whether directly or indirectly. Virtually all of the regional centers exist in geographical areas where $500,000 is the required amount of investment. Investors can get their investment money back, but only after the investment has been sustained for two years following acquisition of conditional permanent residence.
Our team of seasoned EB-5 immigration lawyers has helped thousands of foreign nationals to successfully navigate the EB-5 investor program to obtain conditional residency and go on to receive permanent residency in the United States. The legal services we offer help investors reach each milestone. Since the EB-5 team is part of one of the largest full-service immigration law firms in the world, we are also able to assist our clients with all other U.S. immigration needs, such as travel permission, naturalization, and sponsorship of family members. In addition, we also have the experience needed when things don’t go as planned. For example, if a project does not go forward, is failing, or is the subject of fraudulent activity, we are the “go to” law firm to help investors protect their immigration interests, and when possible, get their money back.
To learn how you can apply for this investor visa program, contact our team of EB-5 Immigration lawyers today.
Our seasoned EB-1 immigration lawyers help the best and the brightest minds in science, business, and other fields achieve lawful permanent residence, while our firm’s EB-5 immigration lawyers help those who do not qualify for EB-1 immigration attain permanent resident status. These EB-5 lawyers work with developers and business owners on options available for developing new projects that qualify for EB-5 investments, based on individual EB-5 petitions or through new or existing regional centers.
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The firm’s EB-5 practice team works with developers and business owners on options available for developing new projects that qualify for EB-5 investments, either based on individual EB-5 petitions or through new or existing regional centers. View Bios »