From 1996, our firm has focused on assisting entrepreneurs, business owners and investors attain their immigration goals. We assist clients from all over the world come to the United States and establish new businesses, acquire existing businesses and make investments in a manner that enables our clients to obtain an applicable visa.
With many years of experience in immigration law under our belt, we can help you navigate the complex EB-5 program and get you started on your new venture in an efficient and cost-effective fashion.EB 5 or Investment Based Green Card
In 1990, Congress created the EB 5 program to encourage foreign investors to invest capital and create job opportunities for U.S citizens in U.S and in 1992 created the Immigrant Investor Program, i.e., the Regional Center Program. EB 5 visas are set aside for investors who invest in commercial enterprise associated with regional centers that are approved by the USCIS.
The EB 5 immigrant investor program is administered by the USCIS and is an employment based fifth preference visa that applicants receive. For an EB 5 visa, the entrepreneurs, their spouse and unmarried children below 21 years of age are eligible to apply for a green card (lawful permanent residence) if they make the required mandatory investment in a commercial enterprise or business in the U.S and plan to create 10 permanent full time jobs for qualified U.S workers. The minimum investment required for an EB 5 visa to be granted is $1 million in a new commercial enterprise. However, if the commercial enterprise is located in either a high employment area or a rural area the minimum amount of capital investment is reduced to $500,000. An EB 5 investor must show that a qualified investment is being made in a new commercial enterprise within an approved Regional Center and prove by using reasonable means that 10 or more permanent full time jobs are created for U.S workers by the new enterprise through capital generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment.
Initially, an investor under the EB 5 program was required to create an entirely new commercial enterprise. Today, the Pilot program allows investors to also invest in an existing job-generating commercial enterprise, i.e., a new or old Troubled business or into a Regional Center, i.e., a third party managed investment enterprise which assumes the burden of creating the requisite jobs.
On approval, conditional permanent residence is granted for a duration of two years to the investor and his or her dependents. The investor must submit evidence documenting that the required investment has been made along with proof that 10 full time permanent jobs have been maintained or created or will be created within a reasonable time period. The investor must submit this documentary evidence within 90 days of the conditional permanent residence’s expiration.
Current regional center EB-5 program will sunset on. April 28, 2017, and it is not yet clear which direction the program will go. On January 13, 2017, U.S. Citizenship and Immigration Services, DHS published a proposed rule “EB-5 Immigrant Investor Program Modernization” on Federal Register website. Written comments should be submitted on or before April 11, 2017. If you wish to review this rule in details and/or submit a formal comment, you may view this link.UPDATE MAY 5, 2017
Notwithstanding all efforts to change the current EB5 law, this week the Congress extended the current version of EB5 immigrant investor program to September 30, 2017. This is the 6th extension of the EB5 program since 2015. Despite the proposed rule “EB-5 Immigrant Investor Program Modernization” published by the USCIS on January 13, 2017, the threshold of the investment amount of US$500,000 and US$1,000,000 will remain unchanged until Sep 30, 2017. If you are interested in obtaining green card through Eb5 investment program, this may be your last opportunity before it gets too expensive. Even President Trump's family business is heading to China trying to raise EB5 money for its real estate development project in New Jersey from Chinese investors. What are you still waiting for?Contact an EB-5 Visa Lawyer Today
Find out today if the EB-5 visa is right for you and your family by contacting the EB-5 visa attorneys of Law Office of Tricia Wang. We know how much this means to your family and your future, and we are committed to helping you take this next important step in your life.
Call us now at 510-791-0232 or send us an email at email@example.com to schedule an initial consultation. We speak English, Mandarin Chinese, Cantonese, Taishan Dialect and Japanese. We now available on WeChat! Chat with us by looking for us by “TriciaWangLawOffice” or scan barcode at the bottom of the page.