Professional Eb-5 Lawyers
EB-5 Green Card Project
What is an EB-5 Project?
A foreign investor must invest at least $500,000 into an EB-5 project in order to apply for an EB-5 Green Card
Most EB-5 projects are offered by Regional Centers, however, individual investors may form their own Regional Center. The majority of investors invest through an established Regional Center that may have EB-5 projects available for investment. The EB-5 investment has to be in a new commercial enterprise and the investment must create 10 full time jobs for US workers.
The new commercial enterprise must be a lawful for-profit business that was created after November 29, 1990. However, there are some instances in where the EB-5 investment can be used in older businesses where there is major restructuring or there is an increase in the number of employees or a 40% increase in the net worth of the business. The business can take the form of a corporation, sole proprietorship, limited liability company and other available forms.
What are the requirements for an EB-5 Project?
The EB-5 project has to be a new commercial enterprise
The new commercial enterprise has to be a lawful and for-profit business
The new commercial enterprise has to create 10 full time U.S. jobs for each EB-5 investment
What does not qualify as an EB-5 Project?
Purchasing a personal residence with the EB-investment
The new commercial enterprise only creates part time jobs as opposed to full time jobs
Including the EB-5 investor and family members as part of the job creation requirement
What are some examples of EB-5 Projects?
EB-5 projects are available in many different business models and across many different sectors of the economy. Some projects are better suited to meet the job creation requirement, which is a key factor in assessing an EB-5 Project. Some of the more popular EB-5 projects include:
Commercial Real Estate development
Which EB-5 Project is best for me?
Selecting an EB-5 Project is one of the most challenging aspects of the EB-5 process. The EB-5 investors needs to determine what their goals are and how they hope to achieve those goals, since some projects have a greater risk of failure as opposed to others. The EB-5 investor should take the time to perform the proper due diligence and working with a professional could be beneficial especially if the EB-5 investor is not familiar with the industry that a particular project maybe in. Here are some basic questions that an EB-5 investor should consider when researching EB-5 projects:
Does this project belong in an industry that fit USCIS’s criteria?
What is the level of risk posed by this project? Is my EB-5 investment safe? Who is controlling my money?
How many other EB-5 investors are committed to this EB-5 Project?
Will this project actually create the jobs necessary to get an EB-5 Green Card?
What is the EB-5 project’s exit strategy? Has any other EB-5 investor received their investment back?
Will I receive my EB-5 investment if my EB-5 petition is denied by USCIS?
Who are the principals behind the EB-5 project and what are their credentials?
Where are other EB-5 investors in the visa application process?
How are the jobs allocated to each investor in the EB-5 project?
Does the EB-5 project qualify as a targeted employment area and thus only requires $500,000 investment?
EB-5 investors should work closely with their EB-5 immigration attorney regarding the EB-5 process. The attorney may assist the investor in reviewing risks and rewards that each EB-5 project may pose. Furthermore, the immigration attorney may have a network of advisors that can work with the EB-5 investor to conduct an in-depth due diligence of each project.