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EB-5: Immigrant Investor Program

The EB-5 immigrant visa is a prominent pathway for foreign nationals seeking permanent residence in the United States through investment. Under this program, individuals can choose to invest directly in a new commercial enterprise or opt to invest in an EB-5 project sponsored by a designated EB-5 regional center. This program not only provides an opportunity for investors to pursue their American dream but also contributes to job creation and economic growth in the United States. It is important to note that making investment decisions under the EB-5 program is a significant financial undertaking, and potential investors are strongly advised to seek professional guidance and counsel to navigate the complex requirements and ensure compliance with all regulations.

Common Questions And Answers About EB-5 Visas

What are the requirements to obtain a green card based on EB-5 investment?

To obtain a green card based on EB-5 investment, you typically need to invest a minimum of $1.8 million in a new commercial enterprise that creates or preserves at least 10 full-time jobs for qualifying U.S. workers. However, if your investment is targeted in a designated targeted employment area (TEA), which includes rural areas or areas with high unemployment rates, the minimum investment amount may be reduced to $900,000. Meeting the stringent regulatory requirements, documenting the source of funds, and ensuring compliance with all EB-5 program guidelines are essential steps in the process.

What is the job creation requirement for an EB-5 Regional Center project?

The job creation requirement for an EB-5 Regional Center project is to create or preserve a minimum of 10 full-time jobs for qualifying U.S. workers per EB-5 investor. These jobs can be created either directly by the new commercial enterprise or indirectly as a result of the investment in the regional center project. Direct jobs refer to roles that establish an employer-employee relationship between the new commercial enterprise and its employees. Conversely, indirect jobs encompass those positions that, while not within the new commercial enterprise itself, are created as an indirect result of the enterprise’s activities.

How do I prove the legal source of my investment capital?

The EB-5 regulations require investors to prove that the investment funds were “obtained through lawful means.” In other words, the investment funds must not have been obtained through criminal activity. The regulations list four categories of documentation required to prove lawful source of funds: Foreign business registration records; corporate, partnership, and personal tax returns or similar documents filed within the past five years; evidence identifying other sources of capital; or certified copies of court judgments, pending court cases and administrative proceedings within the past 15 years.

Does a labor certification need to be filed as well?

No, labor certifications are not required for an EB-5 visa.

Is there an advantage in filing a EB-1C Visa application?

Yes, there is no need to file a labor requirement and having a current Visa makes it faster to obtain a green card in this category compared to other approaches.

After my EB-5 petition is approved, when can I get my green card?

After receiving the I-140 approval, you will need to file the form I-485 to adjust your status to permanent resident or file the form DS-260 to apply for an immigrant visa abroad to get your green card. However, even if you receive the approval for your EB-5 case, you may still need to wait for some period of time before you can file the second part of your green card application. This depends on when your priority date becomes current according to the dates listed on the visa bulletin for people from your country. We can assist you in determining when you should file your green card applications. Finally, once you receive an approved I-485 or DS-260 and complete all required steps, you will officially become a legal permanent resident in the U.S. We will happily assist you or your family members in preparing your permanent residency application to obtain a green card once you are at this stage.

Can my family join me with green cards if my EB-5 is approved?

Yes, your spouse and unmarried children under 21 can also get green cards based on your case if you are approved.

Contact Fok Immigration Law For Experienced Help

If you have any questions about EB-5 visas, please call Fok Immigration Law at 408-606-8911 to schedule a free case evaluation. You can also contact our San Jose office online. Located in the Bay Area, we serve clients throughout California and beyond.