EB-5 Visa Investor

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The Opportunity to live and work in the United States of America. EB5 visa category allows individuals and their immediate family to obtain U.S. green card by the means of investment. Currently, the amount of investment is from $500,000 (within high unemployment areas) to $1,000,000.

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EB5 program advantages

  • No special requirements for education, experience or language skills.
  • Sponsorship is not required from either an employer or a family member.
  • Investor and derivatives do not need to be continuously present in the United States.
  • Investor can choose any State he or she wishes to reside in.
  • Investor and derivatives have the permission to work and/or study in the United States.
  • Investor can establish or get involved in any type of business in the United States.

EB5 is a great for:

  • Individuals looking to invest and in return obtain safer environment to live in and grow their families.
  • Business owner having existing business outside the US who is looking for more productivity and growth and expansion into the US markets.
  • Existing business owners looking for more business opportunity and tools.
  • Future of children:  looking for better schools and universities where your children may thrive.
  • Looking for better medical services and care.
  • People who want to have higher education for applicant and family without the stress of “what happens after I’m done with my studies?”
  • Less expensive university options (i.e. loan or grants) may be available for legal permanent residents.
  • People looking for more job opportunities.
  • People looking for higher standard of living.
  • Ideal for nationals whose country does not have the Treaty Trade Agreement with the US.
  • Ideal for business savvy entrepreneurs looking for more opportunities.
  • Inventors looking to patent their invention in the United States and reside here thereafter to oversee their invention’s growth.
  • Doctors that failed their USLME exam.
  • People who want to get out of their country because of uncertainties such as financial and/or social Crisis.
  • Expats whose present country does not offer them long-term Citizenship options.
  • Anyone not eligible for any other kind of visa.
  • People who want to work in financial sectors like NY stock Exchange.

EB5 investment options

Direct
Individual Investment
Indirect
Regional Center Investment
Project type Personal/individual project

Investor plays a role in management or policy making

Regional Center project

Not a personal business

Investment $1,000,000

“$500,000” if investment is in a “rural area” with unemployment of at least 150% of the national average rate.

$500,000*

*$500,000 if investment is in a “rural area” with higher unemployment rate than the national average and designated as TEA (Targeted Employment Areas) zones.  This amount is subject to change soon.

Regional Center projects are generally located in TEA zones.

Purpose Both immigration and active, direct involvement of investor in the business. Rate of return depends on Investor’s own activities and business acumen. Immigration

Investor is not involved in day to day activities, lower rate of potential return determined by Regional Center

Job Creation 10 full time “direct” jobs for US workers. Investor is directly responsible for job creation 10 full time “direct/indirect” jobs for US workers; investor does not get involved in job creation; Regional Center responsible for creating jobs
Crucial Requirement* Lawful Source and path of Funds

No Criminal background

Lawful Source and path of Funds

No Criminal background

Can Investment be a Gift? Yes Yes
Length of Visa 2 year conditional permanent residence, then permanent residence assuming job creation and other requirements (i.e. no criminal background) are met 2 year conditional permanent residence, then permanent residence assuming Regional Center has created jobs and other requirements (i.e. no criminal background) are met
Country Specifics, bans, and sanctions Consult with your attorney Consult with your attorney

*According to the nature of source of funds, different documentation will be required to prove that the investor obtained the funds through lawful means. Besides the lawful source of funds requirement, investor’s ability to trace the path of the funds from the investor to the new commercial enterprise is another crucial requirement.

Moreover, it should be noted that in transferring funds from countries with currency transfer restrictions, the documentation for path of funds can be extremely complicated as several parties may be involved.

Therefore we highly recommend use of an attorney who specializes in EB-5, in order to maximize your chances of a successful filing that meets all the USCIS requirements.

***This is proprietary information and subject to change and should not be considered as legal advice. This provides a very general outlook in the scope of work. Please consult a professional US Attorney if you choose to move forward***