GLOSSARY EB-5 VISA’S DEFINITION BENEFITS OF THE EB5 VISA TWO INVESTMENT OPTIONS TO OBTAIN A GREEN CARD
EB-5 PROCEDURES ◦ Regional Center registration process ◦ Application Process ◦ Adjustment of Status or Consular processing ◦ Removal of conditions ◦ Filling fees INFORMATIONS
IT’S AS AN EMPLOYMENT-BASED IMMIGRANT VISA.• IT IS AN IMMIGRANT VISA ISSUED FOR HAVING MADE AN INVESTMENT IN THE UNITED STATES THAT CREATES JOBS FOR OTHERS.• IT IS OFTEN REFERRED TO AS THE EMPLOYMENT CREATION CATEGORY.
THE EB-5 GREEN CARD IS A CONDITIONAL VISA FOR THE FIRST 2 YEARS. AFTER 2 YEARS YOU MUST APPLY TO HAVE THE CONDITIONS REMOVED. THERE ARE NO RESTRICTIONS ON TRAVEL WHILE HOLDING THE GREEN CARD. HOWEVER, ONE MUST ALWAYS MAINTAIN RESIDENCY/DOMICILE IN THE USA.
OBTAIN PERMANENT RESIDENCY IN THE USA. RECEIVE PRIORITY PROCESSING BEFORE OTHER IMMIGRATION CATEGORIES. HAVE THE RIGHT TO LIVE, WORK AND/OR RETIRE IN THE USA.
CHILDREN BENEFIT FROM RESIDENTIAL TUITION FEES WHICH CAN BE AS LOW AS $5,000 FOR UNIVERSITY. WITHIN 5 YEARS OBTAIN ELIGIBILITY TO APPLY FOR US CITIZENSHIP AND THE AMERICAN PASSPORT.
CATEGORY REGIONAL CENTER STAND-ALONE EB-5 PROGRAM TEA 1 Non TEANumber of visas allotted 3,000 10,000per yearMinimum capital $500,000 $500,000 $1,000.000investmentFunds must be obtained Yes Yesfrom legal sourcesCapital must be invested Yes (Safe escrow Yesprior to filing Form I-526 account)Employment creationrequirement includes direct Yes No (direct jobs only)and indirect jobsDirect responsibility for Investor is not directly Investor is directlyjob creation responsible for requisite responsible for creating job creation the requisite 10 new jobsDirect responsibility for No YesUSCIS reportingBusiness owner? No (General Partner for Yes the LLC)
CATEGORY REGIONAL CENTER STAND-ALONE EB-5 PROGRAM TEA 1 Non TEADirect management of Do not require direct Require a high level ofbusiness on a daily basis management by the involvement and daily investor on a daily basis managementControl concerning Investors hold only Investors hold a strongresulting business limited control and level of control over the responsibilities in the resulting business and resulting business its functionsApproval of a Project by Generally pre-approved Determination madeUSCIS after the review of the economic feasibility reportReturns on the Fixed/Lower Flexible/HigherinvestmentSafety of the Investment Yes (full amount of No guaranteesin case of I-526 denial $500,000 returned to the investor)Mandatory permanent No Yesresidence in a state ofbusiness investment
CATEGORY REGIONAL CENTER STAND-ALONE EB-5 PROGRAM TEA 1 Non TEAProfessional assistance Yes (by the qualified Yes (You have to hirewith immigration process team of the Regional your own consultants) Center)Cost One-time fee covers all Evolving costs at various expenses over next 5 stages yearsI-526 Petition review by 2-3 months 8-12 monthsUSCIS (in most cases)Immediate family Yes Yesmembers qualify for thesame statusPermanent Residence Yes YesStatus after the removalof conditionsOpportunity to become a Yes YesU.S. citizen
1. SELECT YOUR REGIONAL CENTER.2. SUBMISSION OF CONFIDENTIALITY DOCUMENTATION.3. SUBMISSION OF VALID TRAVEL DOCUMENTS.4. PRESENTATION OF INVESTMENT PROPOSAL.
5. SUBSCIPTION AGREEMENT AND INVESTMENT.6. PREPARING AND SUBMITTING THE I-526 PETITION.7. USCIS’S PROCESSING OF THE I-526 PETITION.
1. FILE A FORM I-526, PETITION BY ALIEN ENTREPRENEUR.2. UPON APPROVAL OF THE FORM I-526 PETITION EITHER: FILE A FORM I-485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS. OR, FILE A DS-230, APPLICATION FOR IMMIGRANT VISA AND ALIEN REGISTRATION.
THE EB-5 INVESTOR IS GRANTEDCONDITIONAL PERMANENT RESIDENCEFOR A TWO-YEAR (2) PERIOD: UPON THE APPROVAL OF THE I-485 APPLICATION;OR UPONENTRY INTO THE UNITED STATES WITH AN EB-5 IMMIGRANT VISA.
FILE FORM I-829, PETITION BYENTREPRENEUR TO REMOVE CONDITIONS,90 DAYS PRIOR TO THE TWO-YEAR (2)ANNIVERSARY OF THE GRANTING OF THEEB-5 INVESTOR’S CONDITIONAL RESIDENTSTATUS.
ADJUSTMENT OF STATUS IF: THE INVESTOR IS ALREADY INSIDE THE UNITED STATES.
2 CONSULAR PROCESSING IF: THE INVESTOR IS NOT ALREADY IN THE UNITED STATES; OR THE INVESTOR IS IN THE UNITED STATES ONLY THROUGH THE VISA WAIVER PROGRAM; OR THE TEMPORY VISA OF INVESTOR IS LIKELY TO EXPIRE BEFORE HIS I-526 PETITION IS DECIDED.
FORM I-829, PETITION BY ENTREPRENEUR TO REMOVE CONDITIONS. THE PETITION MADE BY ENTREPRENEUR TO REMOVE CONDITIONS IF THE POSITIONS CAN BE EXPECTED TO LAST AT LEAST 2 YEARS.
DOCUMENTS MUST BE SUBMITTED:1. A COPY OF THE PERMANENT RESIDENT CARD.2. EVIDENCE TO SHOW THAT INVESTOR HAS MAINTAINED YOUR EB-5 INVESTMENT.
3. EVIDENCE OF JOB CREATION AS THE RESULT OF THE INVESTMENT.4. BIOMETRIC SERVICES (photograph, fingerprint and signature).
I-924, APPLICATION FOR REGIONAL CENTER UNDER THE IMMIGRANT INVESTOR PILOT PROGRAM: $6,230. I-526, IMMIGRANT PETITION BY ALIEN ENTREPRENEUR: $1,500.
I-485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR ADJUST STATUS: $1070 ($985 + $85 biometric fee) I-829, PETITION BY ENTREPRENEUR TO REMOVE CONDITIONS: $3,835 ($3,750 + $85 biometric fee)
ADDITIONAL FEES FORREGIONAL CENTERS WHICH ISDIFFERENT ACCORDING TO DIFFERENTREGIONAL CENTER IF THE IMMIGRANTINVESTOR PILOT PROGRAM IS SELECTED.
INFORMATIONS 1 TEA: a rural area with a population lessthan 20,000 or a high-unemployment area. 2 Consular processing means the investor will need to apply to obtain the immigrantvisa through a US consulate in his home country.
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