Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident status on the basis of their capital investment in a commercial enterprise to stimulate the growth of the U.S. economy.
To qualify, the investor makes an investment of either US$800,000 or US$1,050,000 into a new business that creates 10 full-time jobs for qualifying U.S. workers and the investor must be involved in the management of the business. For the management condition, being a limited partner in a partnership or a member of a limited liability company will qualify the investor as being involved in the management, while in fact the investor is a silent partner and does not have to manage the business.
The most important factor in qualifying for the EB-5 visa is that the investor must be able to demonstrate that the capital he or she uses for the investment was obtained lawfully. Proving the lawful “source of funds” (SOF) is the most challenging aspect of the EB-5 visa
No day-to-day management requirement
No business or management experience requirement
No minimum education, language, age or business background requirement
Children admitted to public universities at same tuition as U.S. residents/citizens
Ability to live, work, study or retire anywhere in the U.S.
Ability to sponsor relatives for permanent residence and can qualify for U.S. citizenship after five years as a permanent resident
No day-to-day management requirement
Provide evidence of the lawful source of funds and ensure the investment meets EB-5 requirements.
Submit the application for EB-5 certification.
Wait for USCIS to review and approve the application.
Receive notification of approval.
If the I-526 is approved, file to adjust status to permanent resident.
Receive the EB-5 visa and a green card valid for 2 years, then apply for permanent green card status upon meeting project conditions.
In the EB-5 Entrepreneurial Program, investors directly invest in and manage a new commercial enterprise.
They are responsible for creating at least 10 full-time jobs for qualifying U.S. workers.
In the EB-5 Regional Center Program, investors invest funds into a project sponsored by a designated Regional Center.
Regional Centers are organizations approved by the United States Citizenship and Immigration Services (USCIS) to promote economic growth in specific geographic areas.
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The difference between the two is enormous. An immigration attorney is a licensed professional who is regulated by a Bar Association. An attorney has also graduated from law school and has passed a legal licensing examination and is required to follow a very strict code of ethics so as to best represent their clients. An immigration consultant or agent is unlicensed and is not bound by the same rules of professional responsibility as an attorney. Furthermore, because attorney’s are regulated by their Bar Association, they have a standard to follow which provides clients with protection should an issue arise.
Enterline and Partners handles a wide range of family, business, investment and educational immigration cases.
Enterline and Partners is run by licensed U.S. attorneys.
As licensed attorneys, we are unable to guarantee you any results. The only thing we can guarantee is that we will work hard and do our very best in representing you in your case.
The Department of State (“DOS”) March 2022 visa bulletin continues to show EB-5 regional center visa categories (I5 and R5) unavailable (U) because the EB-5 regional center program remains expired. Read more: the regional center program (“Program”) having lapsed on June 30, 2021. Visas in non-regional center visa categories (C5
David Enterline was recently interviewed by Ms. Jenny Nguyen of American Lending Center about the United States EB-5 immigrant investor program. Some of the topics discussed were how President Trump’s 60-day immigration ban does not impact EB-5 investors, new changes on how the United States Immigration and Citizenship Services (“USCIS”)
The United States Immigration and Citizenship Services (“USCIS”) has published its quarterly performance data for Form I-526, Immigrant Petition by Alien Investor and Form I-829, Petition by Entrepreneurs to Remove Conditions on Permanent Resident Status. The number of I-526 petition filings are not much of a surprise and the painfully
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