EB-5 Immigrant Investor Program

The program is open to any qualified foreign investor who is able to demonstrate the origin of the investment capital, and is able to commit $500,000 to $1,000,000 to an investment project in the United States.
The EB-5 program leads to a Green Card for the investor and their immediate family (spouse and children). Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program, which sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth.

EB-5 Immigrant Investor Program

REQUIREMENTS

 To qualify for EB-5 classification, the treaty investor must:

  • Invest $500,000 to $1,000,000 in a new commercial enterprise. The amount depends on various factors, but it is generally possible to keep the investment down to $500,000, if desired. 
  • Investment must create 10 full-time jobs for workers in the United States (not including the Investor and Dependents).
  • Investor must be actively engaged in management of the enterprise’s day-to-day operations, or be engaged in the enterprise’s policy formulation.

The investor has the option to invest in:

  • A new capital project through a Regional Center that allocates a certain portion of a large investment project to EB-5 investors. For example: a $500 million real estate development project, financed through a combination of institutional capital, debt/equity financing, and EB-5 investors.
  • Purchase of a stake in an existing business.
  • Creation of a new business.

Creation of jobs:

  • The investor must demonstrate that the investment will create 10 jobs for workers in the United States
  • This is generally demonstrated via economic impact modeling that captures the effects of the investment on the creation of direct, indirect, and tertiary jobs
  • Most Regional Centers guarantee the creation of at least 10 jobs per EB-5 investor

Active management or policy formulation

  • The investor must either be actively involved in the day-to-day operations of the business, through an executive/managerial position; or,
  • Be involved in the policy formulation for the business via a Board of Directors engagement or via voting rights through a limited Partnership agreement (as is generally the case with an investment via a Regional Center).

PROCESS & TIMELINE

OVERVIEW

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:

INTRODUCTION

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.

STEPS FOR SUCCESS

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.

ON COMPLETION

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.

Contact

MAIN OFFICE
49 Russell Square, London, UK
E-MAIL
info@goldenblatt.co.uk
TELEPHONE
+1 800 643 4300

FAQ

What is the minimum amount of investment?

Need clarification

Can I use in-kind contributions/non-monetary investment?

No.

Can I use debt financing?
  • Yes. A securitized loan from an individual or a financial institution as the source of funding that you use as part of the qualifying investment for your EB-5 petition is fine.
  • No loans secured with the assets of the EB-5 investment enterprise
I already have a business in the U.S. that I have been running from abroad, would this qualify?

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.

125 University, Suites 185 - 200, Palo Alto, CA 94301
+1 (650) 739-9111
info@bayimmigrationlaw.com

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