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INVESTMENT IMMIGRATION (EB-5)

Congress established the Investment Immigration (EB-5) Program in 1990 to bring new investment capital into the country and to create new jobs for U.S. workers. In 1993, the legislature enacted the “Immigrant Investor Pilot Program” that was designed to encourage immigrant investment in a range of business and economic development opportunities within designated regional centers. In 2012, Congress reaffirmed its commitment to the regional center model of investment and job creation by removing the word “Pilot” form the now twenty-year old program, and by providing a three-year reauthorization of the regional center model through September 2015.

In the EB-5 Program, immigrants who invest their capital in job-creating businesses and projects in the United States receive conditional permanent resident status in the United States for a two-year period. After two years, if the immigrants have satisfied the conditions of the EB-5 Program and other criteria of eligibility, the conditions are removed and the immigrants become unconditional lawful permanent residents of the United States.

The EB-5 Program is based on three main elements:

(1)   The immigrant’s investment of capital:

a)      Generally, the minimum is $1 million;

b)      Targeted Employment Area (High Unemployment or Rural Area): The minimum qualifying investment either within a high-unemployment area or rural area in the United States is $500,000.

(2)   In a new commercial enterprise, which is a commercial enterprise

a)      Established after Nov. 29, 1990, or

b)      Established on or before Nov. 29, 1990, that is:

i)        Purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results, or

ii)      Expanded through the investment so that a 40-percent increase in the net worth or number of employees occurs

(3)   That creates jobs:

a)      Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

b)      Create or preserve either direct or indirect jobs:

i)        Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

ii)      Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Our Services Provided: 

Understanding that investment immigration is one of the most complex immigration programs, our professional team will work closely with you to learn your goals and concerns, effectively communicate with you, and guide you through the whole process. We will advise you on the right immigration strategies, help you prepare the required documents, present your case to USCIS to establish your eligibility, and make necessary follow-up with USCIS regarding your case status. You can send us the info about yourself and your immigration goal through email info@bianlaw.com for a free evaluation.