Visa EB5 on a turnkey basis
We will provide you with a complete set of services to get Visa EB5. Starting from an introductory consultation to determine your eligibility, we’ll walk you through the whole process of obtaining an EB5 visa and a Green Card.
US Business Immigration via EB5 Visa Program
- EB5 Visa Basic Requirements
- Source of Funds and Investment Amount
- Job Creation Requirement and TEA
- Additional Services
Initial consultation to answer your questions about EB5 Visa and help you decide if it’s right for you
Eligibility for EB5 Visa
Determining your eligibility for an EB5 Visa by reviewing your personal and business situation
Ongoing Help and Consultations
Ongoing help and consultations when applying to Visa EB5 and going through all necessary steps
We’ll provide you with additional legal services you might need with EB5 Visa
EB5 Visa Basic Requirements
Visa EB5 is designed for those foreign investors who want to get a permanent residency in America by investing in American business. Any foreign investor who plans to move to the USA via visa EB5 investment program must meet specific requirements. There are two main requirements to be eligible for a Green Card:
(1) A foreign national must invest a required amount in an American business entity
(2) He must create or preserve ten permanent full-time jobs for American workers.
Source of Funds and Investment Amount
The EB5 Visa Program has specific requirements on the source of funds. The purpose is to ensure that (1) the applicant to the EB5 Visa is the legal owner of the funds to be invested, and (2) the applicant got them by lawful means. In other words, it is about a track record of how the applicant earned money and that he did not do anything illegal (no criminal activities of any kind). In addition, to be qualified for an EB5 visa, the foreigner must invest the necessary amount (1) in a new commercial enterprise, and (2) it should be an “at-risk” investment.
When launching the EB5 Program in 1990, a foreign citizen was required to invest $1,000,000 if invested directly, or $500,000 via a Regional Development Center in the Targeted Employment Area (TEA). However, in 2019 the US government adopted a new Regulation, increasing the required amount to $1,800,000 and $900,000 correspondingly. It happened because, since 1990, when the EB5 Program started, the investment amount has never been adjusted for inflation.
In June 2021, a federal court vacated the Regulation of 2019, and as a result, former requirements were supposed to be valid again until the US Congress adopted a new law on the EB5 Visa Program. Stating that by the end of 2021, Congress did not pass new legislation on the EB5 Program, USCIS makes clear that it “is reevaluating the decision to hold, or not act on, any pending petition or application” of this type. As a result, the EB5 turned out to be in limbo regarding new applications, waiting for a new comprehensive law to specify all the EB5 Program further details.
Job Creation Requirement and TEA
A foreign EB5 applicant must also create ten permanent full-time positions for US workers. It should be a new real business that would create ten full-time jobs in America. Frankly, it’s hard to develop ten new full-time jobs in practice. Regional Development Centers in Targeted Employment Area (TEA) offer a solution to this problem. Applicants going via such centers in TEA can reduce their investment amount in half and don’t have to deal with the requirement of creating ten full-time positions. Regional Development Centers address those issues and make obtaining EB5 Visa less expensive and easier for foreign investors.
At the same time, we need to note that Regional Development Centers are commercial enterprises and can not guarantee the safety of your investments. Under the EB5 Program, your investments are supposed to be “at-risk,” and Regional Development Centers bear no more responsibility than any other commercial entity. Get in touch with us, and we’ll help you research and evaluate the Regional Development Centers on your list to make an informed decision.
Note: The EB5 Program of investing through the Regional Center Program (Targeted Employment Area – TEA) expired on June 30, 2021. Starting from July 1, 2021, USCIS stopped accepting new applications for EB5 visas via Regional Center Program. The US Congress should pass a new law on the EB5 Program soon. Check our site for the update. We will keep you posted.
Besides helping you prepare and apply for EB5 Visa, we can provide many other additional legal services that you might need in the process of obtaining your EB5 Visa and Green Card. We are here for you with our advice and assistance on every step of your EB5 journey. So, get in touch with us to find out more.
QUESTIONS AND ANSWERS:
The EB5 Program is a US business immigration program created by US Congress in 1990 to stimulate the American economy through foreign investments and job creation. By investing the required amount, a foreigner gets an EB5 Visa and later can get a Green Card.
The foreign investor can contribute the money directly or via a Regional Development Center.
When applying via a Regional Development Center: (1) the amount of the investment is half of what you invest directly, (2) you don’t have to worry about creating ten full-time jobs for qualified American workers (a Regional Center will take care of it).
In addition to the investor, family members can get this visa too, namely: spouse and unmarried children under 21.
Under the USCIS regulations, the investment in EB5 Program must be “at-risk.” In other words, the foreign businessman should risk the investment as in any other business project. But, on the other hand, preliminary research about a particular Regional Development Center through which you will invest can mitigate some risk.
WHAT WE DO
- How to Open a Business in the USA
- Startup in USA
- US Business Immigration
- Business Dispute in New York
- Trusts and Asset Protection