EB-5

The EB5 Investment based immigration visa is designed for those investors with sufficient resources to petition themselves and their families for permanent residency in the US. The US Government has consistently supported the EB5 program for its ability to benefit the US economy both financially and in terms of job creation.

This EB-5 visa program allows immigrants to invest their way into a United States green card. Currently, the EB-5 visa program is the most under-utilized visa option. There are 10,000 visas set aside every year for this category, and only 1,885 of these visas were issued in 2010. This is surprising because the EB-5 investor visa is one of the fastest and easiest ways to get a US green card.

There are two types of EB5 investment opportunities:
1) Traditional EB5 investment to either create a business or expand an existing business and create direct job creation for US workers, or
2) EB5 Regional Center Pilot Program investment to invest in an approved and designated Regional Center established for the promotion of economic growth.

Under the EB5 Regional Center Pilot Program, in order to get an EB-5 visa, an immigrant must be able to invest at least $500,000 in lawful and traceable funds into a USCIS approved Regional Center. There are no limitations based on age, language, education, experience, or achievements, and there is no requirement that someone else must petition for you. Also, you can live, work, and study anywhere in the United States, and are not limited by the place of the investment.

Most regional centers have exit strategies of approximately 5 years, where, depending on the success of your investment, you will be able to get a portion to all of your money returned to you. Though, you must remember that this investment is like any other investment, subject to the market and other factors, and your money must be “at risk” for purposes of qualifying for the visa.

If you choose to create your own commercial enterprise rather than investing in a USCIS approved regional center, that approach will give you more direct control over the success of the investment and job creation, but you will have to invest a minimum of $1 million in order to receive a green card.

Once approved, you, your spouse, and your children under 21 years of age, are given a two-year conditional green card. Just prior to the two-year expiration of the conditions, we will have to show that your investment created 10 direct or indirect jobs. The regional center will be able to provide us proof of this, and then you will be granted unconditional permanent residence, and be eligible to file for citizenship after only 3 more years.

At the Stone Haven Law Group, our experienced immigration attorneys will guide you through the process of compiling and preparing all your required documentation, and filing your I-526 petition with the USCIS. Once USCIS approves your eligibility for a green card, we will assist in completing all documents forwarded to you by the Department of State and prepare you for your consular interview. Once your green card is approved, and you have been in the US for 21 months, we will assist you in removing the conditional status from your green card.

Contact us today for more information regarding the EB5 Visa and the Regional Center Pilot Program.