WHAT IS EB-5?

EB-5 is often described as the most reliable way to obtain green card and citizenship in the U.S. The underlying principle of this program is very simple: a foreign investor invests min. $900,000 in a project in the US, the investment creates the required number of jobs in 2 years (min. 10 full-time jobs),  the U.S. government grants a green card to the investor, and then the investor returns the investment amount . 

STAGE 1: LOCATING INVESTMENT PROJECT

Applicant is required to invest in an investment project.

It can be a project located in the Targeted Economic Area (TEA). In this case, the minimum investment amount is $900,000. If the investment project is outside of the TEA, the minimum investment is $1.8 mln.

You can invest in your own investment project (direct investment), or you can invest in a project managed by one of the approved by USCIS regional investment centers (RIC). Regional investment centers pull the investors funds together, invest in one of the projects, manage and control the investors’ funds. 

Only investment centers with high approval rates (100%) and clear history can be recommended.  Reputable investment centers usually make the approval rate information available to public on their webpage. Most investors choose to invest in regional centers. Investment in one of the RIC’ projects frees the investor from worrying about the investment management and creation of the required number of jobs. In contrast to direct investment, RICs can take into count not only direct full-time jobs created by the project, but also induced jobs which increases the chances for approval of the EB-5 visa.

• Most regional investment centers work with the TEAs, and usually you can invest as minimum as $900,000 through a RIC. If your direct investment is outside of the TEA, the minimum investment amount is $1.8 mln.  
• Investor does incur expenses for business formation and expenses for setting up the business, EB-5 business plan, financial analysis while investing in a RIC’ project
• There is no need to manage the investment while investing in a RIC’ project.
• The principal investment amount is usually returned to the investor within 5-6 years from the start of the project.

The primary purpose of investors who choose to work with a regional investment center is to obtain green card, and the investment return is low, so no high investment returns should be expected.

Once the investment project is chosen, a subscription agreement with the Regional Investment Center needs to be execute (no need in direct investment).

If you do not have your own investment project, we will be glad to locate investment projects for you with approved regional centers. We only work with the regional centers who have 100% approval rate and long history.

STAGE 2 – I-526 IMMIGRANT PETITION BY ALIEN ENTREPRENEUR

Petition I526, Immigrant Petition by Alien Entrepreneur needs to be submitted to USCIS in order to apply for a conditional green card. Spouse and children under 21 years old can be included in the petition.

The following documents must be included with the I-526 (the list is not exhaustive):

• Documents demonstrating that the investment amount has been placed in escrow of the project or invested (“investment must be at risk”). A bank guarantee is not sufficient. The investment requirement is usually satisfied by using an escrow account. The investment amount is transferred to an escrow account. The terms of the escrow agreement regulate when and how any money can be released from the escrow. The escrow account will be usually opened by the RIC or attorney at a U.S. bank. It is important to review the escrow agreement carefully to ensure the return of the investment amount, in case if the I-526 is denied by USCIS for any reason.
• Documents demonstrating that the investment amount came from a legal source (lawful source of funds). The importance of documenting a lawful source should not be underestimated. If the documentation is not sufficient, USCIS will send a request for evidence or I-526 can be denied. A lawful source is usually demonstrated by showing that the funds were received from sale of real estate, salary, inheritance, stock earnings, business sale. If the funds were received as a gift, an agreement and bank transfer records are recommended to be provided; the grantor will need to show that she (he) received the funds from a lawful source; if a gift tax is applicable, then the investor needs to show that the gift tax had been paid. If the funds were received from sale of real estate, the investor will need to show how she (he) received the real estate.

Once the I-526 is submitted, USCIS will send you a notice in the mail confirming that the I-526 was received for processing. The current processing time for I-526 petitions is around 7.5-26 months. The processing time changes and can be checked before submitting the petition.

USCIS will make a decision whether to approve, deny petition or request additional evidence after that time. USCIS notifies the investor about its decision in the mail. Your attorney will also receive the information about the decision on the case.

If the I-526 is denied, the principal investment amount is returned to the investor minus the administrative fee charged by the investment center. The amount of administrative fees is different varies for different investment centers.

STAGE 3 – CONDITIONAL GREEN CARD

If your I-526 is approved this is a basis to receive a conditional green card. If you are in the U.S. – I-485 (Adjustment of Status Petition) can be submitted. If you are outside of the U.S., you would need to submit DS-260 to the local U.S. Consulate. Please consult an attorney before making a decision on how to apply for green card once I-526 is approved.

Your conditional green card and conditional resident status will be valid for 2 years. Throughout this period the funds must remain invested in the project. You and family members can reside in the US and travel with this green card.

STAGE 4 – PERMANENT GREEN CARD AND CITIZENSHIP

90 days before the 2-year anniversary of receiving the conditional green card, you and your family can apply to remove the condition from your green card and obtain a permanent green card. It is important not to miss the 90-day window.

I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, is filed to remove the condition. At this stage, the investor must demonstrate that the program requirements have been met: New Commercial Enterprise (NCE) and 10 full-time jobs have been created.

The processing time for I-829 is 25-40 months. Upon approval, the investor and family members will receive unconditional green cards. While I-829 is pending, the investor remains to be in the status of permanent resident.

90 days before the expiration of the 5-year anniversary from the date when you obtained your conditional green card, you can apply for the U.S. citizenship.

Our skilled immigration lawyer can help you to navigate through this complex process and ensure that your investment and rights are protected. Schedule a free EB-5 consultation with our immigration attorney today.