EB5 Investor Visa (GREEN CARD)
Preliminary injunction granted in EB5 Regional Reauthorization Litigation
On 06/24/2022, The Federal District Court for the Northern District of California has just granted a preliminary injunction against the USCIS. A plain reading of the injunction provides that current interpretation of the EB5 Reauthorization Bill is "almost certainly erroneous"
At this time, Regional Centers should be "permitted to operate within the regime of the Act". Our Team will ensure our Clients are in the position to submit their Petitions. While the nuances in the order are being examined, Our Firm will move forward. We are reaching out so that you can move forward immediately to take advantage of this Injunction! Please contact our offices immediately.
EB-5 investor visa, or EB-5 green card visa, is an immigrant visa which leads directly to US permanent residency; allowing the EB5 investor to live and work anywhere they wish within the United States.
The EB5 visa offers US permanent residency in exchange for a minimum $800,000 investment in the United States. The green card is issued based on the foreign national's qualified investment and resulting job creation. There are no educational, language, or sponsorship requirements to obtain one's green card. It is an ideal option for those with the financial means. The principal investor may also obtain green cards for their spouse and unmarried children under the age of twenty-one without making any further investment. We can help hundreds of families, business owners and entrepreneurs relocate to America, Securing their and their families future.
To qualify under the EB-5 Immigrant Investor Visa Program the foreign national must invest $1.2 million USD in a new commercial enterprise. Under certain circumstances the investment can be reduced to $800,000 USD. The investment must also create ten full-time direct jobs, and the money must remain at risk throughout the process.
If the investment is located in a Targeted Employment Area (TEA), the investor may take advantage of the reduced $800,000 green card scheme. Targeted Employment Areas are defined as rural areas or areas of high unemployment.
There are two paths for investors considering the EB-5 visa. The most popular route is through a USCIS approved Regional Center or direct investment EB-5. The EB-5 Regional Centers are economic entities used to promote an EB-5 project. Unlike the name suggest, they are not a physical “center” where an investor’s money is placed. Instead, an EB-5 project facilitates the EB-5 investment for a number of different investors. It’s considered a passive investment, as the EB-5 investor is not required to work at the business where their investment is located or even live near their investment. Additionally, the investor is not responsible for ensuring the immigration requirements are met (i.e. job requirements) – the project handles that, as well as running the day-to-day operations of the business.
The second option for obtaining the EB-5 green card is a direct investment. A direct EB-5 investment does not used pooled funds from multiple foreign nationals to fund the EB-5 project. Rather, a direct EB-5 investment is typically a sole investor looking to start a business in America. The investor invests in their own business venture and would be responsible for all EB-5 compliance – such as hiring ten full-time employees, ensuring the investment remains at risk, and most importantly, investing the required amount of funds. This means the investment funds must actually be spent. An investor will not qualify for the EB-5 visa by simply spending $1 Million USD and leaving the remaining $200,000 USD idle in a business operating account. The investment must be ‘at risk’ in the commercial sense.
(PLEASE NOTE: AT THIS TIME THE EB5 REGIONAL CENTER PROGRAM HAS BEEN REAUTHORIZED AND HAS BEEN REAPPROVED BY CONGRESS AND SIGNED INTO LAW BY PRESIDENT BIDEN.
I-485 CONDITIONAL LEGAL PERMANENT RESIDENCY
Upon approval of I-526, adjust status to a conditional permanent resident within the United States or through Consular Processing (DS-260)
CRITERIA: I-526 Petition is approved.
I-829 REMOVAL OF CONDITION TO PERMANENT RESIDENCY
Removal of Condition on Permanent Residency (Green Card)
CRITERIA: you invested in, or are actively investing in, a new commercial enterprise
Created 10 US Jobs