USA IMMIGRATION LAWYERS PLLC                           
EB1(a), EB1(b), EB1(c) & NIW 99% Approved !
H-1B, O-1A, L-1A, L-1B 99% Approved !
Investor Immigration

Investors who invest in a commercial enterprise that will create at least 10 full-time jobs can apply for permanent resident in the United States . The minimum investment is $1 million of capital. This minimum required is reduced to $500,000 if the investment is made in a "targeted employment area". The specific regulatory requirements for EB5 investment-based green card and EB5 compliant project is very complex.     

General Procedure

We will help you to a petition with U.S. Citizenship and Immigration Services ("CIS"). . The petition should be granted if the investor demonstrates that he/she invested or was actively in the process of investing the requisite capital. Upon approval of the petition, the investor and immediate family (spouse plus single children under 21 years of age) may apply for an Immigrant Visa at a U.S. consulate or apply for Adjustment of Status at a regional CIS office if the investor is already in the United States .

The initial resident status is "conditional" for two years. Prior to the expiration of the two-year period, we will help the conditional resident investor to request removal of the condition on permanent residence. CIS will remove the conditions if the investor maintained the investment during the two-year period of conditional residence and the investment created the required employment.

Timing

Currently it takes about 1.5 to 2 years USCIS to process an I-526 EB-5 petition. Prior to the investment, it also takes time for the investor to conduct due diligence, make the investment, and prepare the documentation in support of the petition prior to filing the petition. If an individual resides lawfully in the United States upon approval of the EB-5 petition, the investor can apply for Adjustment of Status without your departing the United States if there is a current visa number available. It can take six months or longer for the Adjustment of Status to be approved. If not in the United States , the investor can apply for consular processing to apply for an Immigrant Visa at a U.S. Consulate which typically takes six months or longer depending on the country.  Currently China and Vietnam both have backlogs for EB5 petitions, meaning investors from these two countries must wait till the visa is available in order to file adjustment of status or start to have their consular application processed.   

Upon obtaining the approval of the I-485 and consular processed immigrant visa, the investor receives the permanent resident card or green card, which is initially conditional and valid for 2 years. The investor must file I-829 at the end of the 2 year period to remove the condition of the green card and I-829 will be approved if evidence of creation of 10 jobs (more than 35 hours a week) is presented. 

Regional Center versus Direct Investment

A regional center is a USCIS approved designation that can use "multiplier" in calculating job creation based on the preapproved economic impacts; whereas a direct investment must create 10 W-2 jobs. 

Legal Source of Fund

An investor must document that the investment fund is legal in source.  


Please read the powerpoint presentation on EB5. 

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