Immigration Law for Founders, Talent and Investors.

EB-5 INVESTOR GREEN CARDS

There are many types of wealthy individuals who seek to immigrate to the US based on investment.  Are you already a business owner? Or perhaps a self-sufficient retiree? An investor looking to start a new company?  A grad student without a job offer or maybe you didn’t get picked in the H1-B lottery?  Or the alternative, on H1-B status but facing the 6-year limit? Or maybe an entrepreneur? Do you need to leave a problematic home country situation? Or perhaps you’re already in the US but your employer won’t sponsor you for a green card? Many different types of people decide to use investment as their vehicle for seeking permanent residence in the US.

Direct Investment in New Company

The EB-5 green card refers to employment-based, fifth preference category of immigrant visas.  The requirements for the direct-investment, traditional method are:

  1. You must invest, or be in the process of investing, at least $1,000,000 in a company created after 1990.
  2. Your investment must benefit the U.S. economy.
  3. Your investment must create at least 10 full-time jobs for U.S. workers.
  4. You must have at least a policy-making role in the business.

This would be a good option for you if you own foreign businesses, you’ve run businesses before, and/or you’re interested in managing a business.  If you want to maximize control of your new company and try to maximize profits, starting your own direct investment company could be the right EB-5 green card option for you.

Regional Centers

If you would like to invest less money or not be as involved in the day-to-day running of your business, you can invest only $500,000 if it goes to a Targeted Employment Area (TEA) under the authority of the Immigrant Investor Pilot Program. Also, the 10 jobs can be created directly or indirectly, so it is a little more flexible, because you do not directly need to employ 10 people. Different private and government agencies can be designated as a Regional Center, which can be an intermediary in the investment process.

The Regional Center investment option would be the better if you have less money available; you’re unfamiliar with running a business, or you’re not interested in directly managing your investment.  If you want to maintain geographic mobility or your business idea would not create 10 jobs, those are other reasons to go with a Regional Center for your EB-5 green card.

What Representation Means Throughout the EB-5 Process

We can represent you regarding direct investment in a new company or with EB-5 regional center investment.  After you have chosen your investment project, we will perform immigration due diligence.  We will advise you about your qualifications for the EB-5 petition and immigrant visa and answer your questions about the process. We’ll collect and analyze information to verify and prove the lawful source of funds, and if there’s a regional center, to trace the path of the funds to the regional center project. We’ll obtain documents about any regional center project and help you evaluate them. We can then assist you with the parts of the process involving the US Citizenship and Immigration Services: the I-526 Immigrant Petition by Alien Entrepreneur; consular processing or the I-485 Adjustment of Status; and I-829 Petition by Entrepreneur to Remove Conditions.

EB-5

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EB-5 Process

Next Steps

Form I-526: $1,500

Form I-485: $1,140

Form I-485 Biometrics Fee: $85

Form DS-230: $345

Form I-829: $3,750

Form I-829 Biometrics Fee: $85 per person

  • Form I-526: Immigrant Petition by Alien Entrepreneur
  • Form G-1145: E-Notification of Application/Petition Acceptance
  • Form I-485: Application to Register Permanent Residence or Adjust Status
  • Form DS-230: Application for Immigrant Visa and Alien Registration
  • Form DS-260:  Immigrant Visa Electronic Application
  • Form I-829: Petition by Entrepreneur to Remove Conditions
  1. Plan your investment: Direct Investment or Regional Center
  2. I-526 Petition
  3. Conditional Immigrant Visa through Adjustment of Status or Consular Processing to become a Conditional Permanent Resident
  4. Remove Conditions
  5. Permanent Residence
  6. Naturalization

Since this is an immigrant visa to become a permanent resident, it is ok to have “immigrant intent” and the desire to live in the U.S. permanently.

Investors

Student Entrepreneurs

Employers

Extraordinary Individuals

Form I-526: 13 or 14 months on average

Form I-829: 13 or 14 months on average