Our EB-5 Immigrant Investor Program
WHAT IS EB-5?
The Immigrant Investor Program, most commonly known as the EB-5 Visa Program, was developed by Congress in order to stimulate the American economy via job creation and capital investment by foreign investors.
The EB-5 immigrant investor program allows foreign entrepreneurs, along with their spouses and unmarried children under the age of 21, to apply for permanent residence in the United States. They may be able obtain a green card if they invest in an American commercial enterprise and if as a direct result of their investment, that commercial enterprise is able to create or preserve at least 10 permanent full-time jobs.
GUIDE TO THE EB-5 VISA
In the process of considering ways in which you and your family can obtain residence in the USA through investment, you have probably come across a lot of information about the EB-5 Immigrant Investor Visa. This guide will explain how the EB-5 Visa Program works. We will walk you through the steps of the EB-5 process and look at each step of the process in some detail.
1) Find an Experienced EB-5 Attorney with a history of EB-5 Investor I-526 Petition Approvals & Select a Proven EB-5 Project
Choosing the US immigration attorney you would like to work with. Choose an attorney you feel comfortable working with and make sure you choose an attorney that has experience filing I-526 applications.
Another equally important decision you must make at the start of the EB-5 project is choosing a proven EB-5 Regional Center Project.Ask to see the Regional Center’s approval notice and speak to the EB-5 project’s management team to fully understand the project. It is crucial to carefully review all offering documentation with your immigration attorney and you may even want to seek the opinion of other trusted professionals. There are many Regional Centers to choose from, but choosing the wrong one could ruin your chances of reaching your goal of becoming a US resident, so choose wisely.
2) Prove your Source of Funds and then Invest in the Proven EB-5 Project
The next step in the process is working with your experienced immigration attorney to document the source of funds of your investment. Documents such as bank statements, tax returns and employment letters will be useful to prove the source of your funds, so start organizing these early in the process. Once your immigration attorney is satisfied that your source of funds is valid and will be accepted by USCIS, the attorney will inform the Regional Center and the Regional Center will provide you with the information you need to transfer those funds to the Regional Center’s account. At the same time, you should be working with your immigration attorney to file your I-526 application.
3) Await I-526 Approval & Visa Processing
Once your I-526 application is filed, it will be over a year before USCIS reviews your application and determines whether you qualify for the EB-5 Visa. If your application is approved, you and your family must attend an interview at the consulate in your country of origin (unless you are already living in the US under a different Visa category, in which case you could likely adjust in the US). The interview will usually take place a few months after your application approval, but depends on the country. At this interview the consular officer will decide if your family should enter the US as conditional permanent residents.
4) Family Arrives in US as Conditional Residents
After the consular interview, you and your family are free to move to any city in the United States of America. Despite what you might think or be told, you do NOT need to move to the city or state in which the Regional Center you invested in is located.
5) Family Lives, Works, & Studies in US for 2 year as Conditional Residents
After moving to the USA, you and your family are free to do anything you please. You can enroll your children in school, you can work in any industry and at a company in any city in the country, or you can choose to do nothing at all. You will live in the US as conditional residents for 2 years from the date you first enter the US. In the meantime the EB-5 project will be busy creating jobs with your investment.
6) 90 Days Prior to Expiration of 2 Year Residency Your Lawyer files I-829 Proving Creation of at least 10 EB-5 Jobs
Ninety days before the two-year anniversary of your move to the US, your immigration attorney can file the I-829 petition to remove the conditions of your residency. Along with the document, you need to provide documentation from the EB-5 project which proves that your investment was used to create the required 10 full-time jobs.
7) I-829 is approved and family receives Permanent U.S. Residency
Once your I-829 is approved, you and your family are officially US Permanent Residents — Congratulations! Shortly you will be receiving your permanent green cards to make it official!
8) EB-5 Capital Repaid at Time Due, can become US Citizen 5 Years After Date of U.S. initial Arrival
At some point after you secure your permanent residency, if you invested in conservative, well-managed EB-5 Regional Center Project, there is a possibility you will be able to recover your entire investment amount, and potentially even have earned money from the investment. The timing of this return depends on the exit strategy the project put in place, so this again reiterates the importance of carefully choosing a Regional Center & EB-5 Project. Lastly, five years after you first entered the United States, you and your family are eligible to become US citizens.
If you have any questions about the process of the EB-5 Visa, please contact our team and we will be happy answer any questions you might have.