Powerpoint slides for webinar describing EB-5 immigrants visas

1. EB-5 IMMIGRANT INVESTORS
Permanent Residence
in the U.S.

2. Ask Questions at Any Time
 Go to your Question and Answer panel
at the bottom of the page.
 Type and send your question.
 We will answer questions during the
Q&A session at the end of the
presentation.

3. Ann Massey Badmus
Attorney Ann Massey Badmus is the founder of Badmus Law Firm, a law firm
focused exclusively on the practice of immigration law. Ann represents clients
worldwide on a broad range of family and employment based immigration issues.
In her practice, she assists employers and their foreign national employees obtain
the necessary visas for authorized work in the United States.
Ann holds a Bachelor of Science in Mechanical Engineering from the University of
Delaware and J.D from Widener University School of Law. Ann is frequently
invited to speak about immigration issues before chambers of commerce, bar
associations and other interested organizations. She has also published several
articles about immigration and has authored a book for foreign national physicians,
Immigration Prescription - The Practical Guide to Immigration for Foreign Born Physicians,
published in January 2004. In 2009, Ann was named an Outstanding Minority
Business Owner by the Dallas Business Journal.

4. Angela M. Lopez
Attorney Lopez joined Badmus Law Firm in April 2003. Since then, she has
exclusively concentrated her legal practice to the immigration field.
She has successfully developed a large national practice representing numerous
foreign nationals and their employers in a broad range of corporate and
employment-based immigration matters.
In the medical industry, her clients range from individual physicians to small private
practices to Hospitals and National Health Centers. She has guided physicians and
their employers through J-1 waivers, H1-B, O-1 and permanent residence
applications based upon labor certification, extraordinary ability aliens and national
interest waivers nationwide.
Angela is frequently invited to speak about immigration issues before chambers of
commerce, bar associations and other interested organizations.

5. EB-5 – Visa for Investors
 Employment- Based fifth preference
category (EB-5)
 Foreign investors seeking permanent
residence in the U. S.

6. EB-5 – Visa for Investors
 The United States offers 10,000
EB-5 visas per year
 3,000 for investors in Targeted
Employment Areas (TEA)
 3,000 for investors in Regional
Center (RC) Programs

7. EB-5 Visa Usage
Fiscal Year and/or Total EB-5 Visas Issued
Quarter
FY11 Q1 1,421*
FY10 1,885
FY09 4,218
FY08 1,360
FY07 806
FY06 744
*Preliminary estimate of FY11 Q1 Visas Issued

8. Who is Eligible
Individuals who:
• “have invested or are actively in the
process of investing
• minimum amount of capital required
• into a new commercial enterprise”

9. New Commercial Enterprise
 Creating - original business after November 29, 1990; or
 Purchasing - existing business and restructuring or
reorganizing so a new commercial organization results; or
 Expanding - existing business by 140% of the pre-
investment number of jobs or net worth;
or
 Retaining - all existing jobs in a troubled business that has
lost 20% of its net worth over the past 12 to 24 months.

10. New Commercial Enterprise
 Create full-time employment - 10 U.S.
qualified individuals; or
 Maintain the number of existing
employees (“troubled business”)
 Benefit the U.S Economy

11. Required Amount of Capital
 $1,000,000, or
 $500,000 - investment in a "targeted
employment area" (TEA)
◦ high unemployment area (unemployment of at
least 150% - national average rate) or
◦ rural area as designated by the U.S. OMB

12. Capital
• Cash, Cash equivalents and other tangible
property.
• Loans or “Debt arrangements” – Are not
capital contribution; unless secured by
investor personal assets (Promissory
Note)

13. Capital Source
• Legitimate/lawful source
• At Risk
• Actual capital commitment
• Expended directly towards job creation

14. Benefit the U.S Economy
No guidance - “subjective” determination.
“Enterprise, in the conduct of its
business, will benefit the U.S economy.”
(e.g. enterprise will provide good and
services).

15. EB-5 Investment Options
“Programs”
Traditional Program – Immigration Act of
1990
Regional Center (RC) Program – Public
Law – 2002. Extended to September 30,
2012.

16. Traditional Program
 Private investment and
 Investor directly involved in the
management of the business.

17. Regional Center (RC) Program
 Entity, organization or agency (private or
public) approved by the Citizenship and
Immigration Services (CIS);
 Focuses on a specific geographic area within the
United States; and
 Seeks to promote economic growth through
increased export sales, improved regional
productivity, creation of new jobs, and
increased domestic capital investment.

18. Traditional vs. RC
Traditional RC
- Capital - $1 million or - Capital to Invest – usually
$500k (TEA) $500k (TEA)
- Benefit to the U.S. - Benefit to the U.S.
economy economy
- Direct full time - Direct and/or indirect full
employment time employment
- Active participation - Passive participation
- Private company - Private and government
agencies

19. Direct Employment
Employer/employee relationship between
the newly established commercial
enterprise and the persons that they
employ.
Traditional and RC

20. Indirect Employment
Work outside the newly established
commercial enterprise.
For Example: employees of the producers of
materials, equipment, and services that are used
by the commercial enterprise.
-Only RCs

21. Investor Participation
 Active Participation - Investor is involved
in the “day-to-day management of the
business.” (Traditional)
 Passive Participation (RC)

22. RC Statistics
 There are currently 125 Regional Centers approved.
Complete list of approved RCs is available at
http://www.uscis.gov/eb-5centers
 Approx. 90-95% EB-5 petitions filed each year, are filed
by Investors in RC-affiliated commercial enterprises.
 There are 156 initial RC Proposals, as well as 34 RC
proposals seeking to amend approved RCs, pending
initial review with USCIS.

23. Permanent Residence
Three (3) steps:
 Immigrant petition - Form I-526
 Immigrant visa (“green card”) petition -
Form I-485 or DS 230
 Removal of Condition - Form I-829

24. Immigrant petition
I-526 Form
• Basis for EB-5 Investor to become
Permanent Resident of the United States
• File with the USCIS
• Processing time – 5 months (in practicality,
taking 2-4 months)
• Filing fees - $1500

25. Immigrant (“green card”) petition
• Adjustment of Status petition (in the
U.S.) - Form I-485
• Consular process (outside the U.S.) -
Form DS 230
Approval – 2 years “conditional
residence” for investor and
dependents (spouse and children
under 21 and single).

26. Adjustment of Status
 Present in the U. S. in valid non-immigrant
status
 I-485 file with USCIS - 1 per family member
(including EB-5 investor)
 Employment Authorization Document (EAD)
 Travel Authorization Document
 Processing time – 2 to 3 months
 Filing fees $1070

27. Consular Process
• Outside the U. S.
• DS 230 form - file with the Department
of State (consulate/embassy). 1 per family
member (including EB-5 investor)
• Processing Times – approximately 3
months (depends on the consulate)
• Filing fees $ 404 per application

28. Removal of Condition
Form I-829
 90 days prior to expiration of conditional
status
 "substantially met" the established
requirement of the I-526 petition (business
plan)
 Continuously maintained investment during
the 2 year conditional residence period
 Filing fees $3750

29. Termination of Conditional Residence
 At the end of the 2-year period - If I-526
(business plan) conditions not met
 Before the 2 years
◦ Enterprise not established,
◦ Established solely to evade immigration laws,
◦ Requirements were otherwise violated.

30. Approval of I-829
 Legal Permanent Resident (LPR) status
 LPR eligible for Citizenship in 5 years
 Children under 18 – automatic citizenship

31. EB-5 Individual Petition Filing Receipts FY05
– FY10,& FY11 Q1
Fiscal Year and/ Form I-526 Form I-829
or Quarter Petition Petition
FY11 Q1 701 531
FY10 1955 768
FY09 1028 437
FY08 1257 390
FY07 776 194
FY06 486 89
FY05 332 37

32. The Road to Permanent Residence
 Consider all possible options to obtaining
LPR
 Chose EB-5, if most appropriate
 Regional Center - Due diligence

33. Question & Answer Session

34. Legal Notice
Facts of each case are different. The
information provided here is general in
nature and should not be relied upon for
your specific situation and is not legal
advice.
Consult with an experienced immigration
attorney to get the right advice to secure
your future in the United States.

35. Thank you
In appreciation of your participation in
this webinar, we will waive our $200
consultation fee if you schedule a
telephone consultation by July 15, 2011
to discuss your immigration options.
Call 469-916-7900 or email
pcuervo@badmuslaw.com

36. We value your feedback!
So we may serve you better, please
complete the brief survey that you will
receive at the conclusion of this
program.
Give us your feedback and you could
win a $50 gift card!

37. Thank You!
Badmus Law Firm, PLLC
Immigration Solutions at Work
11325 Pegasus Street, Suite S-215
P.O. Box 551209
Dallas, TX 75355
469-916-7900 Telephone
469-916-7901 Facsimile
immigration@badmuslaw.com
www.badmuslaw.com