The EB-5 Category is an excellent opportunity for many foreign nationals to become permanent residents of the United States. We offer excellent opportunities to investors who want to move to the U.S. in a short time with low risk to their investment. Our lawyers are excellent immigration lawyers and also expert business and corporate lawyers. This mixture provides you with the best legal representation in this process. Our lawyers have business expertise and practical experience with local business associations to provide you the best advise for your investment.
Herischi & Associates LLC, in cooperation with investment firms and business consultants in the area of small business, provides its clients with viable business investment options. Upon your approval, we will do all the legal work necessary to start up a business and consequently generate all the required documentation for the client's immigration visa.
Our clients who are not present in the U.S. will face no problems dealing with business and immigration issues from a long distance. We will do all the required steps to qualify your investment for the green card process. While our client is abroad, we will manage the investment in cooperation with our partners within the business and commercial industries . We will protect the investment by using our expertise in business and corporate law,along with the expertise of our tax and accounting consulting partners until our client receives their permanent Green Card. Upon the time of arrival to the U.S. , our clients will own a viable and profitable business. Our clients can easily start a new life in U.S. with a complete ease of mind.
Please contact us and make an appointment to consult with one of our attorneys.
A person investing $500,000 in certain circumstances or $1 million in a business that creates at least 10 jobs may be granted EB-5 permanent resident status. The government criteria for this program are:
• Investment must be in a business, not a passive security such as the stock market
• Invested funds must be the individual's, but may be a gift from a parent or other person, provided the appropriate gift taxes are paid, if required
• The business must have been created after November 29, 1990 or the investment must substantially change an older business
• The amount of investment may be $500,000 in a rural or high unemployment area
• It must create 10 jobs. No direct job creation is required if the investment is in a "Regional Center" (see below).
To encourage immigration through the EB-5 category, Congress created a Regional Center program in 1990. 3,000 visas have been set aside each year for people to invest at least $500,000 in designated Regional Centers. The Regional Centers program does not require the immigrant investor enterprise itself to employ 10 U.S. workers. Instead, it is sufficient if 10 or more jobs are created indirectly as a result of the investment. Regional Centers are designated as "any economic unit, public or private, which is involved with the promotion of economic growth, including increased export sales, improved regional productively, job creation, or increased domestic capital investment." The investment requirement is only $500,000 if a Regional Center is in a targeted employment area, which is either in a rural or high unemployment area, as defined hereinafter in the section on EB-5 Regulations. In 2003, Congress gave CIS (formerly INS) discretion to "give priority" to EB-5 petitions filed through a Regional Center. Once Permanent Resident status is granted, minimal involvement with the investment is permitted, allowing the applicant to work in any business, go to school, or enjoy retirement.
EB-5 Permanent Resident status involves making the investment, filing the appropriate petition at a USCIS Service Center, and applying for an Immigrant Visa at a United States consulate or applying for Adjustment of Status in the U.S. After "Conditional" Resident Status (Green Card) is granted, the individual must wait one year and nine months to file an application to remove the "conditional" status. With this application, evidence of the creation of the 10 jobs, if necessary, is required as well as proof the entire investment has been made. Upon approval of the application by CIS, the applicant is granted Permanent Resident status.
The USCIS has been approving qualifying EB-5 cases following controversy in the 1990s over interpretations of the relevant regulations.
Step 1 - Schedule a consultation with one of our attorneys . We will review the legal requirements and consult with you on applying for an investor Green Card.
Step 2 - Discuss commitment of funds and required documentation to prove the investment and tracing of the funds.
Step 3 - Investigate whether the investment is financially viable. We will hire an expert on business analysis to conduct the necessary due diligence on the prospective investment. Then we offer you the best option for investment.
Step 4 - Make the capital investment. Then we will manage your investment diligently.
Step 5 - File Petition for Alien Entrepreneur with the USCIS. This petition requests USCIS to certify the applicant and the investment as eligible for EB-5 status.
Step 6 - Upon approval of the Petition, (a) if you are in the United States, you may apply for Adjustment of Status to Conditional Resident status. (b) If you are abroad, you must wait for notification from the National Visa center to prepare documents for the Immigrant Visa interview at the U.S. Consulate or Embassy in your home country.
The purpose of the Adjustment of Status or Immigrant Visa interview is to ensure you are not subject to grounds of exclusion, e.g. a criminal past, infectious disease, etc.
Step 7 - Once granted conditional resident status, wait 21 months to reconfirm that the full investment has been made and 10 jobs created (if required, based on type of investment).
Step 8 - File application to remove conditional resident status (Form I-829) between 21 to 24 months after Conditional Resident status is approved.
Step 9 - Once conditional resident status is removed, a full Green Card is granted for indefinite permanent resident status and work permission in the United States. U.S. Citizenship is possible 5 years later, upon satisfaction of residence and other criteria.