EB-5

EB-5
The EB-5 program could be the most important of all U.S. Federal Government programs because the future of our national economy may very well ride on its success.  Generally, the EB-5 program allows foreign investors to obtain Legal Permanent Residency by making a $500,000 or $1M investment into a U.S. commercial enterprise creating 10 jobs per investor.  Subsequently, the EB-5 program has created a capital market in which entities (including government entities) within the United States can obtain capital for various projects, start-ups, etc.

Investors
The EB-5 is the most direct and fastest way of obtaining legal permanent resident status (green card) within the United States.  The EB-5 investor is required to create 10 new jobs and invest $500,000 to $1 Million into a new commercial enterprise.  An investor may invest $500,000 in a rural or underemployed area and/or into a Regional Center.

The following are services we provide for foreign investors:

  • Evaluating and advising foreign investors as to individual qualification as an EB-5 investor;
  • Obtaining, reviewing, analyzing and presenting information and documentation relating to tracing of funds to the regional center;
  • Obtaining, reviewing, analyzing and presenting information and documentation about the regional center project;
  • Preparation and filing of I-526 petition; and
  • Preparation and filing of I-829 condition removal petition.

Regional Centers
The most popular way for an alien investor to obtain lawful permanent resident status under the EB-5 category is by investing in the Regional Center Pilot Program.  A “Regional Center” is a designation granted by USCIS on the basis of a proposal for economic growth in a particular geographic area.

Approximately 90 to 95% of EB-5 applications submitted to USCIS fall into this category. The Regional Center Program requires an investment of $500,000 in a regional-center-affiliated new commercial enterprise or a troubled business within a designated regional center.

In considering whether a commercial enterprise is worthy of a Regional Center designation, USCIS would analyze the following:

  • What is the proposed geographical region within the United States in which the Regional Center is planning to operate. The proposal must explain how the regional center will promote economic growth within that particular region.
  • How will jobs be created directly or indirectly through capital investments made in accordance with the regional center’s business plan.
  • The amount and source of capital committed to the regional center and the promotional efforts made and planned for the business project.
  • How the regional center will have a positive impact on the regional or national economy.

We assist commercial enterprises and start-ups in applying for the Regional Center designation.  Call our office for a consultation.

Direct Investment
An EB-5 candidate is not required to invest in a Regional Center.  An alien investor may invest directly into a commercial enterprise.  Unlike, a regional center investment, the alien investor is directly involved in the control of the enterprise.  A specific business project which can be capitalized with a single EB-5 investor $500,000 to $1M generally; which will hire at least ten direct employees is identified; retail, auto service and fast food and various franchises are prime candidates.

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