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.
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