To qualify for EB-5 classification, the treaty investor must:
The investor has the option to invest in:
Creation of jobs:
Active management or policy formulation
On average, it takes 4 – 8 weeks for Bay Immigration Law to prepare an EB-5 case to file with United States Citizenship and Immigration Services. Depending on the particulars of the sources of your capital, and on the requirements of the business (whether you are purchasing an existing business or registering a new one). In general, the process is as follows:
We have an introductory phone call and go over your plans, requirements, and the documentation/information that will be necessary to proceed. We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.
Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.
Depending on which path you choose for your investment (via a Regional Center or an independent venture) we will talk through the specific information and documentation that we will need in order to meet the EB-5 requirements. On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and Packet.
Once the EB-5 case is complete, we prepare a physical packet (in duplicate) at our Palo Alto office and ship it to USCIS for adjudication. Once the EB-5 case is Approved, we will prepare Adjustment of Status or Immigrant Visa packets (depending on whether you are based in or outside of the United States) for you and your family.
Prior to the interview with the U.S. Consulate (if you are based outside of the United States), or with a USCIS Field Office (if you are based in the United States), we will hold a preparatory phone call and go over what you can expect.
It could, yes. Did you invest capital at the start of the business? If so, then it would certainly qualify. If you didn’t have to invest capital and the business grew organically, then we would have to take a look at the specifics of the business model, and the company’s financials.