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Extreme Basics of EB-5


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Extreme Basics of EB-5

  1. 1. Development of the Law U.S. Agency Policies & Interpretations ProceduresConstitution Administrative Legislative Statutes Precedents Amendments Regulations Judicial Start Over Precedents Again
  2. 2. Who Does What? Congress Passes Laws The Courts Administration Determine Enforces Laws Constitutionality Develops Promulgates Issues Orders Processes and Regulations and Precedents Procedures
  3. 3. EB-5 Immigrant Investor Visa Program INA § 203 (b)(5) § 610 Appropriations Act of 1993 8 USC § 1153 (b)(5) 8 USC § 1153 Note Employment Creation Visa Regional Centers 8 CFR § 204.6 8 CFR § 204.6 especially (m)(3) Pledge Minimum Investment Amount Submit Proposal w/Business Plans and INA § 203 (b)(5) (A)(i) & (C) Economic Analyses (m)(4) Commit to Minimum Jobs Created Obtain USCIS Designation INA § 203 (b)(5) (A)(ii) &(D) 8 CFR § 204.6 (m)(5) Conditional LPR Status Period May Amend or Submit Projects for “Pre- INA § 216A Approval” (Specific-Project Vetting) Prove Minimum Investment Amount Support Individual Investors with Viable 8 CFR § 216.6 Projects and Verifiable Evidence Prove Minimum Jobs Created Annual Reporting—Maintain Focus to 8 CFR § 216.6 Purpose or Face Termination 8 CFR § 204.6 (m)(6) & (9)Remove Conditions & Maybe Naturalize Find More Projects and Investors