EB-5 Investor Program - United States of America

 

1. What is EB-5 green card?
Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth. EB-5 is a green card category which allows permanent residence in the U.S. if an investor makes an investment in either a “regional center” or through direct investment in their own business.

 

EB-5  REGULAR INVESTMENT  (GREEN CARD)

REQUIREMENTS:

  1. A minimum capital investment of $1 million or $500,000 (in certain areas)*
  2. Creation of at least 10 DIRECT full-time jobs for qualified U.S. workers within two years of admission to the U.S. as Conditional Permanent Resident.
  3. Spouses and all children under 21-years are covered in the same investment/petition.
  4. The amount of investment is reduced to $500,000 in some target employment areas and
    rural areas.
  5. As different from regional center investment, the investor here must show the creation of 10 full-time jobs within two years and must manage the day to day operations of the business.Note: This is intended for informational purposes only. Attorneys cannot influence the outcome of the application, or promise any particular outcome of the case.EB-5 GREEN CARD PROCESS Consult a qualified attorney to evaluate your green card options, including the possibility of qualification in any other visa before proceeding with EB-5Attorney prepares case and files I-526 petition with USCIS for processing (8-10 months processing)If the I-526 petition is approved, USCIS forwards case to the National Visa Center for processing (up to 3 months processing)When completed, the case is forwarded to the U.S. Embassy for a scheduled visa interview. If approved, you will receive an immigrant visa. You have six months to enter the United States. After you enter, you will receive a conditional green card which is valid for two years.At the end of two years, you must file a removal of conditions on the green card application. Once approved, you will receive a permanent green card. After five years as a permanent resident (green card), you may apply for U.S. citizenship, and if approved, obtain U.S. citizenship and a U.S. passport. There is no difference between a conditional and permanent green card other than that investor has to file an application in which USCIS evaluates the job creation requirement and evidence of investment.
How long does it take to get the green card under EB-5?
It takes approximately 18-24 months right now to get an interview at the U.S. Embassy. However, these times are subject to change anytime, they may get faster or slower.
What is a regional center investment?
A regional center is a partnership arrangement where the U.S. Citizenship and Immigration Services (USCS) have designated certain business entities to seek foreign investors to fund the business projects. The USCIS follows strict criteria before certifying the company to seek the investors. Investing in a regional center does not require that the investor directly hire employees. The regional center provides economic impact statements to show that jobs will be created indirectly.
Will the law firm advise on the financial suitability of the regional centers or direct investment?
The law firm is authorized to advise on the visa process alone. It is the investor’s responsibility to conduct due diligence. For that, the investor can select a financial advisor, tax advisor, chartered accountant, etc., of his or her own choice.

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