imLaw - Immigration Attorney Grand Rapids Michigan

Practice

EB-5 Immigrant Investors

ImLaw helps investors obtain permanent resident (“green card”) status through preparing EB-5 I-526 investor applications, adjustment of status or immigrant visa processing to obtain the conditional two-year green card, and removal of conditional residence to obtain the permanent ten-year green card.

The EB-5 immigrant investor program is a highly sought after option for foreign nationals seeking permanent residence in the United States, particularly for individuals from countries that are legally unable to participate in the E-2 treaty investor program.  Foreign investors may pursue a direct EB-5 path, where the individual is seeking to invest and play a role in management or policy making in the EB-5 new commercial enterprise that may provide significant returns and a source of income on an ongoing basis, or a Regional Center EB-5 path, where the individual is not seeking to run his or her own business, may not be seeking the highest return on investment and wants a clearer “exit strategy”.  Both options require the investor to prove the investment has resulted in the creation of at least 10 full-time jobs (35 hours or more per week) for U.S. workers.  There are at least three distinct phases to obtaining permanent residence through the direct EB-5 program, which include the I-526, the adjustment of status to permanent residence or immigrant visa processing to obtain the initial two-year conditional green card, and the I-829 removal of conditions on residence, which leads to the permanent ten-year green card.  For Regional Center cases that require the creation and designation of a new Regional Center, there is an additional I-924 application package required to be filed and approved by USCIS before investor funds can be accepted.

The EB-5 category requires an investment of $1 million per investor (or $500,000 per investor in a qualifying high unemployment/targeted employment area or rural area) in a “new commercial enterprise” that will employ 10 full-time U.S. workers. Although the investor’s role cannot be completely passive, he or she does not have to be involved in any way in the day-to-day management of the business unless desired. It is vital to the success of the application process that the investor is able to document the ”lawful source” of investment funds, whether his or her own or funds given to him or her as a gift. The permanent residence obtained by the investor is conditional for two years and can result in a 10 year permanent green card upon proof to USCIS at the end of the two years that the investment proceeds have not been withdrawn or redeemed by the investor and the requisite jobs have been created.

The investor may invest in his or her own commercial enterprise or in a commercial enterprise owned by other parties. An investor may also choose to invest in a pre-approved “Regional Center”.  Regional centers are government-approved entities in designated geographical areas for which USCIS has determined that investments will create the necessary 10 jobs per investor, whether directly or indirectly. Nearly all of the existing USCIS designated regional centers include/contain geographical areas where $500,000 is the required amount of investment.

ImLaw cannot ethically recommend any particular EB-5 investment to prospective investors, however, we can certainly provide guidance on the EB-5 immigration process and represent investors with the required U.S. immigration application process once a particular investment vehicle is selected.

Get your EB-5 immigration questions answered– call ImLaw today.

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