We have successfully represented hundreds of EB5 investors from across the globe with both direct/traditional and regional center EB5 petitions. With a subspecialty in resolving complicated and unusual cases, our immigration attorneys also have seen high rates of approvals on responses to RFEs and NOIDs as well as motions to reopen or reconsider for denied cases. When it comes to the EB-5 immigrant investor program, you can count on our expertise.
Projects & Regional Centers
With numerous approvals for regional center designations as well as for both regional center and independent “direct” projects, our immigration attorneys have extensive experience in I-924 and exemplar filings for projects spanning across many industries throughout the US. Though we regularly represent regional centers in both designation and project filings, we do not enter into exclusive or financial agreements with regional centers.
things to consider for success with the
EB 5 Immigrant Investor Program
EB-5 Program (background)
EB 5 Direct Investment: We offer a full-service, “one-stop-shop” experience for not only the filing of your direct eb5 investment I-526 petition, but also through sound immigration counsel for the setup of your EB5 compliant business as well as for source of funds analysis. As experts with many years of experience, we coordinate the entire process, bringing in third party experts and professionals as required, to help ensure that your EB 5 investment is secure and productive.
A direct EB 5 investment must directly impact the creation of at least 10 full-time jobs within two years, and the investor must be involved in the operations of the business.
EB5 Regional Center: Our scope of services extends into regional center projects as well. We have successfully obtained I-526 approvals for regional center projects of various sizes across numerous industries and have also successfully guided hundreds of investors in obtaining their EB 5 visa. IGC delivers comprehensive immigration due diligence for each regional center project and partners with a wide range of experts who can provide clients with sound financial and investment counsel as well.
For an EB 5 investment through a regional center project, the 10-job requirement can include “indirect” jobs that are estimated by an economist and does not require any business involvement from the investor.
EB-5 Immigrant Visa Process
The process of obtaining an EB 5 visa begins with the selection of an EB 5 project. Whether you are choosing to invest into a regional center project or getting involved in a direct investment project, it is essential that the project meets the rigorous requirements of the EB-5 program. Once a project has been selected, the capital investment is made, and an I-526 petition is filed.
After the I-526 petition has been approved by USCIS, the applicant applies for a two-year conditional permanent residency, during which the applicant must fulfill physical presence requirements within the US. Finally, the applicant submits their I-829 petition 90 days before the end of the two-year conditional residency, after which the applicant and their immediate family may receive their permanent Green Card.
As a full-service boutique immigration law firm, Immigration General Counsel is committed to guiding our clients throughout the entire investor visa process from project selection to lawful permanent residency and even citizenship for those who choose that route.
EB5 Investment Amount
As of November 21, 2019, the standard minimum investment amount for an EB-5 investor visa is $1.8 million, and the TEA minimum investment amount is $900,000. The lower amount is applicable for investments into new commercial enterprises that will be principally doing business in a targeted employment area (“TEA”), which include rural areas and areas of high unemployment. USCIS has stated that future minimum investment adjustments will occur every 5 years.
Priority Date Retention
Also effective November 21, 2019, some EB5 investors may be eligible to keep the priority date of a previously approved EB-5 petition when filing a new petition. This includes investors who:
- Have received an I-526 approval
- Have not yet received their conditional permanent residency
- Had a revocation of approval that was not due to fraud or willful misrepresentation on their part, or due to a ‘material error’ by USCIS on the original petition
Removal of conditions
The revised rules also require family members of the petitioner to file their own petitions to remove conditions on their permanent residence, provides flexibility in interview locations, and updates protocols to correspond to current processes in issuing Green Cards.