Employment Based Immigrant Petition

EB-5 Investment Green card

The Immigration Act of 1990 created the Immigration Investor Program (or EB-5) as the fifth of five preference categories for employment-based immigration applications. This was the first time a category specifically facilitated the admission of investors as lawful permanent residents. EB-5 is available to those individuals who have invested, or are in the process of investing, at least $1 million in a new commercial enterprise employing at least 10 full-time U.S. workers. The purpose of EB-5 is to stimulate job-creating investment by offering to investor immigrants the benefits of permanent residence in the United States.

The minimum investment is reduced to $500,000 in cases of investment in “targeted employment areas,” – rural areas and/or areas with high unemployment.

EB-5 offers an ideal immigration solution for those who have the financial resources. It does not require an employment offer from a U.S. employer as other EB categories do, nor does it require a labor certificate. Investors participating in a “Regional Center Program” do not even need to be involved in the daily operation of their business. Most importantly, because the annual quota consistently exceeds the number of applicants, those who qualify for EB-5 status are virtually assured of a visa.

EB-5 Procedure:

  1. File I-526 Petition

    Investors should file Petition Form I-526, “Immigrant Petition by Alien Entrepreneur,” accompanied by supporting documentation. The required documentation must show that the immigrant investor has invested, or is investing, the required lawfully-gained capital in a company within the U.S., and that the investor will create full-time jobs for at least 10 U.S. workers.

  2. File Adjustment of Status Appliation or pursue Consular Visa Processing

    Upon approval of the petition, the investor and his/her immediate family (spouse & unmarried children under 21 years of age) may apply for an immigrant visa at a U.S. consulate or apply for Adjustment of Status if the investor is already in the U.S. The initial resident status of the investor is “conditional” for two years. Conditional permanent resident status confers the same rights as that of permanent resident status.

  3. Removal of the Condition in 2 Years

    Within 90 days of the 2-year conditional permanent residence’s expiry date, the investor must file a petition to request removal of the condition on permanent residence by filing Form I-829, “Petition by Entrepreneur to Remove the Conditions.” Failure to file an I-829 Form will result in automatic termination of the conditional resident status and the initiation of removal proceedings

EB-5 is an extremely complicated procedure. We recommend that you consult with us for evaluation info@fyzlaw.com

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