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EB-5 Summary: What is EB-5?

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Alien Investors/Entrepreneurs and their families are eligible to attain Lawful Permanent Residence in the United States through the Employment Based 5th Preference Immigrant Visa Program (EB-5).

EB-5 alien investors must take the following steps:

  1. Establish and manage a "new commercial enterprise;"
  2. Invest $1,000,000 (or $500,000 in targeted employment areas); and
  3. Create ten (10) full-time jobs for lawful American workers

A conditional green card is granted in 6-9 months.

The EB-5 investor can accomplish the aforementioned by creating his own business or by investing into what is called a "regional center". The regional center has several advantages including a more "hands off" approach for the investor.

The regional center becomes responsible for the job creation requirement, as well as for adhering to other USCIS regulations for the structure and administration of the business. Regional centers also provide a substantial amount of the supporting documents (that would otherwise be required of the Investor) that are required for the Immigration Petition

The investor can generate a return on his investment, subject to the terms of his agreement with the regional center.

The investment must be sustained until the Removal of Conditions on his Lawful Permanent Residence is approved; the entire process can take approximately 5 years.

The EB-5 Immigration Process

Accredited EB-5 investors are presented with a project's offering materials and review the materials with their attorneys and financial advisors.

When a decision is made to invest in a Regional Center Project, investors must execute pre-subscription, subscription and escrow agreements, in compliance with the procedures of the Regional Center.

After the Regional Center screens and approves the investor, the investor places $500,000 (or $1,000,000) by placing the money in an escrow account with the management fee of around $50,000.

The Regional Center subsequently provides the Investor's Immigration counsel with project-specific information used to prepare the I-526 Petition.

The Investor must work closely with his/her Immigration counsel in order to compile the I-526 Petition. The prepared I-526 Petition will be sent to the Regional Center for further review; then, legal Counsel submits I-526 Immigration Petition.

Upon approval of the Petition, Investor may apply for Lawful Permanent Residence through Consular Processing or Adjustment of Status. When Lawful Permanent Residence is granted, a Conditional Permanent Residence Card is issued.

Immigration Counsel submits Form I-829 (removal of conditions) within 90 days of end of the conditional residence (2 year period).

Upon approval of the I-829 Application, conditions are removed from investor's and family members' lawful permanent residence.

4 years and 9 months after the investor's initial entry, investor and his/her family are eligible to apply for citizenship.

Contact Us Today!

Please feel free to contact us with questions or concerns regarding EB-5 or any other immigration related matters.

Regards,
J. Bruce Weinman, Esq.


EB-5 Lawyer | Immigration Lawyer NYC | EB-5 Attorney New York City

J. Bruce Weinman, Esq.

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