EB5 Investor Visa

ILG represents EB-5 investors and entities seeking Regional Center designation. ILG will successfully guide investors through the complexities of EB-5 law and constantly-shifting USCIS regulations and
adjudicatory standards.

 

We offer EB-5 investors the following services:
  • Insights and advice throughout the EB-5 process.
  • Analysis of all facts pertaining to each investor’s situation and present the investor with the best available options.
  • Answer questions or concerns the investor may have.
  • Advocate the investor’s interests in dealing with EB-5 Regional Centers.
  • File the I-526 petition on the investor’s behalf.
  • Advise the investor regarding the U.S. consular interview process.
  • File the I-485 application on the investor’s behalf (if present in the U.S.).
  • File the I-829 petition on the investor’s behalf.

 

If you are interested in the EB-5 program, please contact us at (408) 432-9200 or via email at info@immigrationlawgroup.net to discuss your options.

 

EB-5 Overview

The EB-5 program provides U.S. permanent residency (green card) status in exchange for an investment of $500,000 USD in a business which creates 10 jobs (or $1,000,000 if the EB-5 business is not located in a high unemployment or rural area).

The benefits include expedited green card for the entire family (children under 21), ability to travel in and out of the U.S. without a visa, free public school for children, resident cost at state universities, and ability to sponsor green card for relatives.

The investor and family members will initially be granted a two-year conditional green card. Within ninety (90) days before the conditional green card expires, the investor must apply to remove the conditions.  Finally, the investor and family members can apply for U.S. citizenship five years after receiving a conditional green card.

Investment Options

There are two ways to make an EB-5 investment: direct investment or Regional Center investment.

1. Direct investment generally requires an investor to establish a business and invest directly into that
business (e.g., restaurant, retail store, factory, winery, etc.), which creates full-time employment for at least 10 U.S. citizens or authorized immigrant workers.

2. Regional Center investment allows multiple investors to invest into the same Regional
Center pre-approved by USCIS to accept EB-5 investors, which creates at least
10 jobs per EB-5 investor.  For example, Regional Centers are frequently used by real estate developers where a $10 million hotel or office building project may seek and accept up to 20 EB-5
investors (if in a high unemployment or rural area).

Benefits of Regional Center Investment

More than 90% of EB-5 investors choose to invest in a Regional Center because it
presents a faster, simpler, and less expensive process.  Investing through an EB-5 Regional Center
also offers the following advantages:

  • Freedom to live and work anywhere in the U.S., regardless of the location of the Regional Center.
  • No requirement to manage business operations and employees.
  • Greater chance of approval when a Regional Center with a successful record is chosen.
  • Faster processing and approval. 

Regional Center Application Process

Once the EB-5 investor decides on a Regional Center, the investor generally follows  the
following step-by-step process:

Step 1: Review investment information of the selected Regional Center.

Step 2: Make capital investment and file the I-526 petition.

  • I-526 petition processing usually take 4 to 6 months (faster processing for an additional fee is anticipated to be available in 2012). Upon approval, overseas investors must be interviewed at their local U.S. consulate or embassy.  Investors already in the U.S. will file an I-485 petition instead.
  • Processing time from making the investment to receiving the conditional green card usually take 8 to 12 months (5 to 9 months once premium processing becomes available).
  • Upon receiving the conditional green card, the investor and family member(s) must enter the U.S. within 180 days. The two-year conditional green card period starts the day the investor enters the U.S.

Step 3: File I-829 petition and receive permanent green card.

  • The final step of the immigration process is the filing of the I-829 petition to remove conditions and receive unconditional green card status. The I-829 must be filed between 21 and 24 months after U.S. entry.
  • Upon approval, the immigrant investor will be issued a new unconditional green card and may permanently live and work in the U.S.