EB-5 Investment Immigration
The immigrant investor, or EB-5, program is a highly beneficial permanent residence option for the wealthy individual. For many foreign nationals it is the best option, and for foreign nationals with no family or employment sponsorship in the U.S., it may be the only option for obtaining permanent residence status.
The EB-5 category requires an investment of $1 million (or $500,000 in a high unemployment or rural area) in a commercial enterprise that will employ 10 full-time US 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 he or she wants to do so. It is critically important that the investor must be able to document the lawful source of investment funds, whether for his or her own or for the funds given to him or her as a gift. The permanent residence obtained by the investor is conditional for two years and can be made permanent upon satisfying USCIS at the end of the two years that the investment proceeds have not been withdrawn and the requisite jobs have been created.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. The investor may also choose to invest in a pre-approved “regional center”. Regional centers are government-approved entities in designated geographical areas which sponsor investment projects that will create the necessary 10 jobs per investor, whether directly or indirectly. Virtually all of the regional centers contain geographical areas where $500,000 is the required amount of investment.
Our attorneys have years of experience working on EB-5 cases. Our attorneys are frequently called upon by trade groups, investors, projects, and universities to serve as subject-matter experts on the topic of EB-5 investment visas.
In addition, our firm’s highly trained and knowledgeable staff is able to quickly and accurately produce Source of Funds and project documents, which are key to providing eligibility for the EB-5 visa.