EB-5 Independent Investor

EB-5 Independent Investor

The EB-5 visa preference category, created by Congress in 1990, is available for immigrants seeking to enter the United States by investing $$900,000 in a targeted employment area or $1.8 million in unrestricted, which in turn benefits the U.S. economy and creates jobs.  The EB-5 independent investment allows the investor to be “hands on” from start to end. Investors have the liberty of starting a legal entity or investing in a U.S. franchise of their choice.

To Qualify You Must:

1. Form a legal entity:

  • LLC
  • LP
  • SP
  • Incorporation

2.Investment in a new or established commercial enterprise

    • $1.8 million for unrestricted
    • $900,000 in a targeted employment area (TEA)

3. Secured by personal property, not by investment

4. Substantial completion of payment in 2 years of investment

    • Preferably prior to filing I-526

5. Investment made or funds committed in concrete business activity.

6. Investor EB-5 compliant comprehensive business plan

7. Job description of each position, salary, title, U.S. lawful of employees

    • I-9 (employment eligibility verification form)
    • W2 (tax form issued by employers)

8. Critical path jobs ramp up, dates of future employment

9. Creation of ten (10) direct jobs for U.S. workers within two years of filing

10. Description of investor management duties, time, policy formation, day-to-day business activity, tile.

11. Proof of employment, I-9, pay stubs, pay roll records, W2

12. State targeted employment area (TEA) where applicable

    • Letter from the State RE TEA
    • Letter from Municipality (optional)

13. Lifting  of conditional residency I-829, funds invested or actively investing, substantial capital investment requirement met

14.Congressional intent

    • i.      Job creation
    • ii.      Foreign direct investment

15. No criminal record

16. Spouse and children considerations

17.Attorney narrative

    • Integrate all components of case

18. I-526 application

If all qualifications fit, an application for immigration investor status will be available through the completion and filing of the I-526 application. Included in the filing are: extensive documentation recognizing the commercial investment, the I-5 26, and supporting documents, which are then submitted to the USCIS for review.

Application Process:

Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process:

  1. The successful applicant must obtain approval of his or her Form I-526 Petition for an Alien Entrepreneur;
  2. He or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa;
  3. A Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card.  If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States