Services

Investment-Based Green Card (EB-5)

Vijayvergiya Law Group PLLC

The EB-5 Immigrant Investor Program is a U.S. immigration program that provides a pathway to obtaining a Green Card (lawful permanent residency) for foreign nationals. It offers them the opportunity to secure a Green Card, or lawful permanent residency status, contingent upon their substantial investment in a novel commercial enterprise that engenders employment opportunities for the American workforce. Below, you will find comprehensive insights into the EB-5 program:

1. Investment Requirements:

Generally, an EB-5 investor must invest $1.8 million in a new commercial enterprise. However, if the investment is made in a Targeted Employment Area (TEA), which is a specific geographic area within the United States designated as eligible for reduced EB-5 investment requirements due to economic considerations the minimum investment is reduced to $900,000.

2. Job Creation:

The primary objective of the EB-5 program is to foster employment opportunities for U.S. workers. Investors must demonstrate that their investment has directly or indirectly created or will create at least 10 full-time jobs for qualifying U.S. employees within two years of the immigrant investor's admission to the United States.

3. Types of EB-5 Investments:

Direct Investment: Investors can directly invest in a new commercial enterprise and actively manage it
Regional Center Investment: Many EB-5 investors choose to invest in a USCIS-approved regional centre. Regional centres are entities that facilitate EB-5 investments in larger projects and can use indirect job creation calculations.

4. Conditional Green Card:

Initially, successful EB-5 applicants receive a conditional Green Card, valid for two years. To remove the conditions and obtain a permanent Green Card, investors must demonstrate that they have maintained their investment and created the required jobs.

5. Source of Funds:

Investors must prove that their investment funds come from lawful sources. Detailed documentation is required to establish the legality of the funds.

6. Filing the Petition:

The EB-5 process begins with the filing of an I-526 Petition by the investor. This petition demonstrates the investor's eligibility and the details of the investment.

7. Visa Availability:

There are a limited number of EB-5 visas available each year. This means that there may be waiting periods for visa availability, especially for investors from countries with high demand. Currently, the EB-5 has an annual cap of 10,000 visas and a per-country cap of 700 visas. We can assist Our Clients to get work authorization and commence work while awaiting visa availability.

8. Residency and Citizenship:

As Green Card holders, EB-5 investors and their families can live, work, and study anywhere in the United States. They can apply for U.S. citizenship after five years of permanent residency, but they must also meet other citizenship requirements, such as maintaining a physical presence in the U.S. and demonstrating good moral character during the residency period.

9. Risks and Due Diligence:

EB-5 investments come with financial and immigration-related risks. We assist Our Clients in conducting thorough due diligence on the project, and actively guide them throughout the process. The EB-5 program is subject to changes in regulations and visa availability, so we strive to keep Our Clients updated on the latest program requirements and processing times.

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