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The Employment Based 5th Preference category (EB-5) Immigration through Investment program grants non-Americans and their immediate family members (spouse and children under the age of 21) permanent residency in the United States and the path to U.S. citizenship in a very timely manner. To apply, an immigrant investor must invest at least $1.8 million in a commercial enterprise and create a minimum of 10 direct U.S. jobs in the process. But if the investment is made in a specially designated “targeted employment area” (TEA) suffering from high unemployment or economic crisis, then the immigrant investor is required to invest only $900,000 and create 10 direct jobs. The immigrant investor and his/her family are then issued a “conditional green card” to immigrate to the United States. After two years, the conditional status is removed upon a showing that the investment created at least ten full-time permanent jobs for U.S. workers and "unconditional" or permanent green cards are issued.
To simplify the program for foreign investors and allow for more efficient investment, the United States Citizenship and Immigration Services (USCIS) has designated certain areas throughout the country as “Regional Centers.” Regional Centers are operated by independent investment companies that generally pool individual investments into real estate and business opportunities to diversify their investment risk.
An immigrant who invests in a USCIS designated Regional Center must still invest $900,000 and demonstrate the creation of at least 10 direct or indirect jobs after 2 years. However, the immigrant is not required to live in the Regional Center, but can choose to reside anywhere in the United States, and moreover, is not required to “run” a business, though will still maintain an active role in determining policy and operations of the investment project(s). Often for a fee, the independent investment companies at the various Regional Centers maintain the investments, and provide the information needed to demonstrate the creation of at least 10 direct/indirect jobs when the investor immigrant seeks to remove the conditional status on his/her green card.
If you are interested in learning more about your visa options, click on the "Contact Us" link below.
Can I get U.S. green card (permanent resident status) through investment in the U.S.?
Yes. 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. This visa is commonly referred to as the EB-5 Investor visa.
There are two ways to invest in the U.S. under this program:
What is the process to obtain lawful permanent residency through investment?
Obtaining unconditional U.S. Lawful Permanent Resident status is a three-part process:
What if I am already in the U.S. on another visa status?
An individual may file a I-526 petition if they live abroad or are already in the United States. The I-526 petition process remains the same. If, however, you are already in the U.S., after the I-526 is approved, you may then file an I-485 Application for Adjustment of Status to Permanent Resident, as opposed to applying for an immigrant visa with your local U.S. consulate. If you are outside of the U.S., you must file for an immigrant visa with your local U.S. consulate. We can advise you more specifically on the process in a direct consultation.
If I get a green card, do I have to live in the U.S.?
Yes, an applicant for conditional or permanent residence to the U.S. must intend to immigrate to the U.S. and maintain as their primary residence a home in the United States.
Can I travel?
A conditional or permanent resident is entitled to travel freely, and may remain outside of the U.S. for less than 6 months at a time. If a such an individual needs to be outside of the U.S. for more than six months, he/she may apply (up to three times) for a reentry / travel permit, that is valid for 2 years, and establishes that the resident is not abandoning U.S. residency, despite the extended absence. However, any time spent outside of the U.S. is counted against the 30 month physical presence requirement for citizenship.
Can I bring my family and do they get permanent residency (a green card) if I invest in the U.S.?
A qualifying immigrant investor is eligible to sponsor his/her immediate family, which includes a spouse and all children under the age of 21 years old. All members of the immediate family are granted conditional permanent residency upon approval of the I-526, and all are eligible to apply to remove the conditions after two years.
Can I sponsor my 21 year old or over child?
While a child who is 21 years old, or more, cannot apply for residency under the parent’s immigrant investment application, a parent may gift that child the required investment funds in order for the child to apply individually as an immigrant investor.
What are the fees associated with applying for an investment visa?
There are filing /application fees, legal fees and investment management fees if an immigrant invests in a regional center.
The current filing/application fees are:
I-526 Petition: $3,675
I-485 Adjustment of Status: $1,225 per individual ($750 for applicants under 14)
(if already in the US)
Visa Application fees: $345 + $85 biometrics + $220 USCIS Immigrant fee per individual
(if outside the U.S.)
I-829 Application to remove conditions: $3,750 for primary applicant/investor only
+ $85 biometric fee per individual
(file 21-24 mos. after becoming conditional resident)
Legal fees vary based on individual factors.
Please contact us directly at email@example.com or call (202) 349-3744 for more information about legal fees.
This website is for informational purposes only. Using this site or communicating with Klingner Jazayerli LLP through this site does not form an attorney/client relationship. This site is legal advertising.
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