EB 5 and
Invest in the US
We help foreign
nationals and Immigrant Investors to invest in America through the EB-5
Immigrant Investor program, and diversify risk and gain access to United States
immigration benefits.
The EB-5
Immigrant Investor program was Congressionally approved into law and created by
the United States to attract and invest foreign capital into the US. Here are some
of the questions that you might have. For detailed information, please contact
us!
Can I get a U.S. green
card (permanent resident status) through investment in the U.S.?
Yes. 10,000 immigrant
visas per year are available to qualified individuals seeking permanent
resident status on the basis of their engagement in a new commercial
enterprise. This visa is commonly referred to as the EB-5 Investor visa.>
There are two ways to invest in the U.S. under this
program:
1.Own and operate your
business.
This method requires an investment of a minimum U.S. $1 Million (unless you are
in a targeted employment area) and that the investment directly creates at
least ten full time jobs within two years.
2.Invest in a certified
Regional Center. This method requires an investment of a minimum of US $500,000
and that the investment directly or indirectly creates ten full time jobs
within two years. With an investment in a regional center, there is no
requirement that the immigrant investor open or individually run a business, or
reside in where the regional center is located.
What is the process to
obtain lawful permanent residency through investment?
Obtaining Lawful
Permanent Resident status is a three-part process. First, an I-526 petition
is filed demonstrating that you have the required funds, that the funds were
obtained from a lawful source, that the funds have been (or are in the process
of being) invested, and that the investment meets USCIS requirements. Once the
I-526 is approved, you are eligible to apply for an immigrant visa at your
nearest U.S. consulate (if you are outside of the U.S.) or for adjustment of
status (if you are already in the U.S.). If approved, you are given conditional
lawful permanent residency for two years. Ninety (90) days before the end of two
years of being a conditional resident, you must file form I-829, to remove the
conditional status by demonstrating that the required jobs have been created by
your investment. If your I-829 application is approved, you are granted
unconditional lawful permanent resident status, and are eligible to apply for
U.S. citizenship after three more years.
What if I am already in
the U.S. on another visa status?
An individual may file a I-526 petition if they live abroad
or are already in the U.S. The I-526 petition process remains the same. If,
however, you are already in the U.S., after the I-526 is approved, you may then
file an I-485 Application for Adjustment of Status to Permanent Resident, as
opposed to filing for a visa with your local U.S. consulate. Of course, if you
are not yet in the U.S., you must file for an immigrant visa with your local
U.S. consulate. We can advise you more specifically on the process in a direct
consultation.
If I get a green card,
do I have to live in the U.S.?
Yes, an applicant for
conditional or permanent residence to the U.S. must intend to immigrate to the
U.S. and maintain as their primary residence a home in the United States.
Can I travel?
A conditional or
permanent resident is entitled to travel freely for less than 6 months at a
time outside of the United States. If a such an individual needs to be outside
of the U.S. for more than six months, he/she may apply (up to three times) for
a travel permit, that is good for 2 years. This travel permit establishes that
the resident is not abandoning U.S. residency, despite the extended absence.
However, time spent outside of U.S. is counted against the 30 month physical
presence requirement for citizenship.
Can I bring my family
and do they get permanent residency (a green card) if I invest in the U.S.?
A qualifying immigrant
investor is eligible to sponsor his/her immediate family, which includes a
spouse and all children under the age of 21 years old. All members of the
immediate family are granted conditional permanent residency upon approval of
the I-526, and all are eligible to apply to remove the conditions after two
years.
Can I sponsor my 21 year
old or over child?
While a child who is 21
years old, or more, can not apply for residency under the parent's immigrant
investment application, a parent may gift that child the required investment
funds in order for the child to apply individually as an immigrant investor.
What are the fees
associated with applying for an investment visa?
There are
filing/application fees, legal fees and investment management fees if an
immigrant invests in a regional center. The current filing/application fees
are:
- I-526 Application: $1,435
- I-485 Adjustment of Status $1,010 (includes
biometrics) per individual (if already in the US); $930 for applicants
under 14 years of age
- Visa Application fees: $400
- I-829 Application to remove conditional status after 2
years: $2,930 for primary applicant only + $80 biometric fee for each
dependent
- Legal fees are generally based on family size.