With the EB 5 Investment Visa comes permanent residency for foreign investors interested in doing business in the U.S. Keep in mind that there are certain conditions you must meet to avail yourself of this visa. For one, be willing to invest significant capital in an American company. If you can satisfy all requirements, you could be one of the 10,000 recipients who get an EB-5 visa in a fiscal year.
Simply put, the petitioning process for this permit has 4 steps. Once you have it in your hand, your spouse and single offspring – as long as they are 21 or younger — can accompany you to America. What’s more, you could acquire this visa within 6 months. Usually, the application gets approval within 60 days of you filing it.
Other benefits involve not needing a job or labor certification to petition for an EB-5. However, all that won’t be possible if you file the wrong form or your paperwork remains incomplete. So, get the experienced legal team of Eric Price on your side right from the start. Send an email to begin!
Eligibility Requirements
Meeting each EB 5 Visa Requirement entails that a foreign investor begins by making an at risk capital investment. That money needs to go to a for-profit U.S. business entity. The phrase, at risk, indicates that you cannot be certain of ROI when you provide the capital.
Based on the kind of project you choose for that investment, you’d have to have either $900,000 or $1.8 million. The former applies to applicants who choose a targeted employment area (TEA) for their investment. TEAs happen to be located in rural areas or those with a high rate of unemployment.
The latter is for the minimum amount to put in elsewhere. Besides that, your petition for an EB-5 will only succeed if your investment opens 10 fulltime within the U.S. Those jobs must remain functional for at least two years.
As mentioned above, your family can follow you if your petition gets approval. Like you, they would need to send in completed application forms, specific civil documents, and the fees.
EB-5 Application Process
To begin your EB 5 Application Process, prove that the invested capital was obtained and sourced lawfully. Your lawyer can guide you on the finer points of submitting a credible business plan. That is another requirement to meet. The said plan will show your funds flowing into a New Commercial Enterprise.
Choose An EB-5 Project & Make Your Investment
You must pick a project for your EB 5 Investor Visa application that satisfies the conditions we mentioned above. Additionally, the jobs your project would create can be of the direct, indirect, or induced type. In the first type, the business receiving your investment will actualize spots for employment.
Now, about the area you should be gunning for with your capital. Real estate isn’t a prevalent EB-5 project choice that it was. That’s because many big-city projects don’t qualify for investment at the lower level. In other words, look for diverse job sectors. We’d recommend finding an NCE that isn’t location dependent but still within the TEA designation.
Your ROI would depend on the specific details of your investment. There are no guarantees in this matter. Generally, though, loan-based model investments might earn 1–2%. No one can predict the equity investors’ earnings since those depend on profitability.
Once you know which venture to pick, you’ll sign the subscription agreement. That gets you a partnership or makes you a part of an LLC. Then, the Manager or General Partner accepts your investment funds. The money will go to an escrow account.
Regional centers are economic entities promoting productivity, jobs, and investment in a certain area. They can be either public or private. They receive their designation after the USCIS accepts their proposal. About 790 EB 5 Regional Centers have that designation.
File Form I-526
Along with proof of the wiring of the funds, your attorney files an I-526 petition. It will set you back by $3,675. The evidence could be in the form of bank statements, promissory notes, security agreements, or loan/mortgage certificates. While the USCIS takes 31-52 months to adjudicate it, they might ask you for other evidence. Also, send in the following with your application:
- Incorporation articles, state business and merger/consolidation certificates, and limited partnership/joint venture agreements
- Lawful acquisition of capital investment proof. Usually, that is in the form of five years of tax returns, securities/bank account statements, or pay stubs
- Business plan with details on the personnel and their posts
- Documents and descriptions that show your day-to-day involvement with the NCE’s management
- Acquire 2-Year Conditional Permanent Residency
After that, you’re one step closer to fulfilling the conditional permanent residency requirements. Investors outside the U.S. send in Form DS-260 to the consulate/U.S. Embassy where they are. Those within send in Form I-485 for adjustment status. - For your EB 5 Green Card, also submit:
- Birth, marriage, and divorce certificates – the latter two only if they apply in your case
- Your criminal history
- A copy of your nonimmigrant visa and passport
- Two photographs
Form I-829
This petition – if successful – gets you unconditional residency. Send it in 90 days before your conditional residency comes to an end. It takes about 37-38 months for processing.
To begin, send in these:
- Your conditional permanent resident card
- Proof of the creation of a commercial and maintenance of the enterprise for two years and submission of investment
- Evidence of the creation of jobs
- Biometric documentation
- Legal documents about your criminal history – if that is germane to your situation
What To Do If Your Application Is Denied
Knowing what to do in case of denial is as vital as determining What Is the EB 5 Visa. Read the notice you receive and find out what prompted the refusal. If you can appeal it, then you might have two choices. Get your attorney to submit new evidence – called reopening. The alternative is to go for a motion to reconsider.
When those two options don’t pan out, you can reach out to the Administrative Appeals Office. Be warned that their history shows they mostly uphold the USCIS officers’ decisions. If you cannot do any of those things, opt to refile. That requires a valid strategy and more investment.
Lastly, consider another immigration vehicle and recoup some of your investment.
Contact Attorney Eric Price Today!
An insignificant error or a wrong decision could cost you your Investment Green Card case! Get the best protection against EB-5 denial by choosing to contact LA’s best immigration lawyer!
