EB-5 Immigrant Investor Program
Under the EB-5 Immigrant Investor Program, foreign investors can apply for a green card if they: 1) invest in a new commercial enterprise in the United States; and 2) plan to create ten permanent full-time jobs for qualified U.S. workers.
There are two options for a prospective EB-5 investor, either by direct investment or formation of a regional center. Depending on the option chosen, the required investment amount is currently either $500,000 (direct investment) or $1,000,000 (formation of regional center). Each option makes the EB-5 investor’s spouse and their unmarried children under 21 eligible to receive a green card.
SKT has earned its reputation by providing guidance on EB-5 regional center designations and amendments, investor visas for regional centers, stand-alone projects, and direct investment opportunities. Our attorneys have filed hundreds of EB-5 Petitions, including I-526 Petitions, I-829 Petitions, and I-924 Applications with a 100% approval rate.
A direct EB-5 investment is best suited for an investor who wants to own and be directly involved in the operation of the new commercial enterprise. The investor should be well-versed in business practices, since this option requires more time and effort. The investor should also formulate a business plan that will project the creation of ten jobs for qualified U.S. workers within two years after becoming a conditional lawful permanent resident. A qualified U.S. worker is a U.S. citizen, lawful permanent resident, asylee, or refugee. Jobs created for nonimmigrant workers or members of the EB-5 investor’s family do not qualify.
Regional Center Investment
EB-5 requirements for an investor who has invested in a Regional Center project are essentially the same as a direct EB-5 investment. The only difference is that these investments are affiliated with an economic unit known as a “Regional Center”. A Regional Center is a business entity that coordinates foreign EB-5 investment within an area in compliance with EB-5 statutory, regulatory, and precedent decision framework.
A regional center investment is best suited for an investor who would rather participate in the policy-making activities of the business, instead of managing the day-to-day activities of the business. Limited partnerships and limited liability companies have generally been recognized as appropriate investment vehicles under the EB-5 program.
Schuchert, Krieger, Truong, Spagnola & Klausner, LLP is a full-service, international law firm with an emphasis in Business Law, Civil litigation, Criminal Defense, Estate Planning, Family Law, Immigration, International Law, and Tax Law. Our Six offices are conveniently located in Orange County, Los Angeles County, Greater Boston, Vietnam, the Philippines, and Hong Kong.
Tell Us About Your Case.
If you would like to speak with someone directly
Call Us Toll Free