EB5 Investor Visa Lawyer Blog

The EB 5 investor visa has been implemented for some time. The Washington Post, in an article from 2010, has details regarding immigrants investing in United States business' in exchange for a visa. The article discusses that the number of foreigner's who are willing to invest in the United States. The USCIS is the government agency which approves or denies the I-526 petition which is for entrepeneurs.

According to the article, in 2008, 1,443 EB 5 investor visas were granted. In 2009, the number increased to 4,218. Most of the entrepeneurs in the approved petitions were from Asia and, in particular, China and South Korea. The EB 5 investor visa is open to petitioners who are not necessarily from treaty-trader countries such as with an E-1 or E-2.

The article also discussed the requirement of immigrant's demonstrating that their investment created at least 10 jobs for the I-829 to be approved. Regional centers, as the article discusses, are the preferred favorite investments since these are approved by the United States Government. One of the reasons is that "indirect" jobs will be considered for approval and not just "direct" jobs. The investment is always at risk but the investor should use the best method to insure that the permanent residency is obtained and the regional centers offer this with the indirect job method.

The program was established in 1990 which is over 20 years ago. The lowering of the investment from $1,000,000 to $500,000 with an approved regional center has allowed more entrepeneurs to apply. Also, given currency fluctuations since the investment is in dollars, countries which have currency which has become stronger against the dollar offer additional citizens of that country this opportunity.

Continue reading "Washington Post: EB 5 Investor Visa Article: January 2010" »

USCIS has a blog website: The Beacon. The Beacon posts blogs regarding immigration issues and a recent blog posting in August of 2011 includes information on the EB5 immigrant investor visa.

The USCIS wants to encourage entrepeneurs to invest and open new business' in the United States. Per the blog posting, in August of 2011, the USCIS is proceeding with the following methods. First, as to the EB-2 as an employment cased second preference immigrant visa, the USCIS clarifying that if the petitiopnere satisfies the existing requirements, they may also qualify for a National Interest Waiver if they can demonstrate that their business endeavors are in the interests of the USA. Second, there will be an expansion of the premium processing services for immigrant petition for managers and executives who are multinational. Third, there is clarification when a sole employee-entrepeneur can establish an employer-employee relationship which is valid for the purpose of qualification for an H-1B which is a non immigrant visa. Fourth, implentation of enhancements to streamline and expedite the EB-5 process. Fifth, seek engagement opportunities to seek feedback and input from start up companies, new business' and entrepreneurs to address their unique circumstances.

Continue reading "United States Customs and Immigration Service Blog Posting: August 2011: EB 5 comments" »

Under the USCIS, the EB 5 immigrant investor visa is designed to create jobs in the United States. The minimum requirement is 10 direct or indirect jobs. The entrepeneur invests $500,000 under the EB 5 pilot program and this is with an approved United States Regional Center which makes the investment. The job creation can be indirect so that even if the investment fails, the jobs are created for persons in the United States who are legally entitled to work.

The United States White House website has a recent blog posting about the issue of job creation in the United States. Leaders of technology were invited to give their opinions and ideas on job creation and competitiveness. Included were Netflix CEO Reed Hastings, AOL co founder Steve Case and many others. Many of these were from Silicon Valley. Aneesh Chopra, CTO of the United States, discussed contributions which immigrants can make in terms of the economy and job creation.

One of the immigration visas discussed was the EB 5. In the text of the article, the investment amount is $1,000,000 and ten new jobs need to be created. Under the EB5 investor visa pilot program, this investment is reduced to $500,000 when invested with a United States Regional Center in targeted employment areas. The amount of $500,000 is for the investment and the entrepeneur will obtain temporary permanent residency for themselves and their unmarried children under the age of 21. The process includes filing the I-526 petition and then, 2 years later, asking for adjustment of status with the filing of the I-829. After non conditional permanent residency is obtained, the investor and any other who obtained lawful permanent residency with them, can then petition for United States Citizenship with the filing of the N-400.

As discussed in this program, the EB 5 process is very difficult and complex.

Continue reading "White House Website: August 2011: Job Creation: EB5" »

A prominent magazine, Bloomberg-BusinessWeek, just published an article on the EB 5 program. The article is titled "The EB-5 Program: Create American Jobs, Get a Green Card" discusses the recent status and updates on the EB 5 Visa program. The EB 5 immigrant investor visa is designed for entrepeneurs who invest in job creation as detailed in the article. The United States Government, through the United States Customs and Immigration Service, are offering permanent residency to investors who create at least ten jobs and invest $500,000. The article also discusses regional centers.

Under the EB5 pilot program, the investor invests the $500,000 with a United States Approved Regional Center. The Regional Center is responsible for the investment and also making sure the requirements of ten (10) jobs created is satisfied. The ten jobs can be either direct or indirect jobs. Many regional centers use indirect job creation such as the employment of construction personnel as well as many others. In this manner, even if the investment does not produce a return, the permanent residency conditions are satisfied for the investment.

The article discusses that over 30,000 jobs have been created and the investment amount is approximately 1.5 billion dollars. The EB 5 pilot program, as the article explains, sunsets in September of 2012. There is no guarantee of an extension and the article discusses the benefits of extending the current program. As such, it is very important to petition as soon as possible.

If you are interested in joining the thousands of investors from all over the world who have obtained lawful permanent residency in the United States for themselves, their spouses and their unmarried children under the age of 21, you should consider the EB 5 investor visa. The first procedure is to file the I-526 petition with USCIC. If you have $500,000 to invest, the EB 5 pilot program is the best strategy since the permanent residency is assured and the job requirements met with an approved regional center.

Continue reading "Bloomberg-Business Week: August 4, 2011: EB 5 Program" »

The process for the EB 5 immigrant investor visa is complicated. Below is a summary of the USCIS investor process.

First, an I-526 petition by an alien entrepeneur needs to be filed. The I-526 requirements can be for a new commercial enterprise, managing a new commercial enterprise, investment, both direct and indirect job creation and job preservation for a troubled business. It is advisable to satisfy the job creation requirements to use a United States Approved Regional Center since this will document the 10 direct or indirect jobs which is mandatory under this category. All investments are at risk so the creation of the 10 indirect or direct jobs is essential to having the conditions removed under the I-829.

Second, upon approval of the I-526, either a I-485 or DS-230 needs to be filed. If the applicant is in the United States, the proper procedure is to file for adjustment of status for the conditional permanent residency within the United States through the USCIS. If the applicant is not in the United States, then the proper procedure is to file for adjustment of status with the Department of State for Consular Processing.

Third, file the I-829 to remove the condition residency and become permanent residents with no conditions. This is a petition to remove the conditions of the entrepeneur. The requirements for this are the investment, job creation and job preservation for a troubled business. These can include buisness invoices and receipts, bank statements, contracts, business licenses, IRS and FTB tax returns, business payroll records, I-9 employee forms and others.

Fourth, when the condition is removed, the investor can apply for United States Citizenship by filing the N-400.

Continue reading "EB 5: Immigrant Investor Visa Process" »

An approved I-526 under the EB 5 pilot program, can allow you, your spouse and all unmarried children under the age of 21 to enter the United States as lawful permanent residents. This permanent residence can be adjusted to citizenship when the USCIS requirements are fulfilled. Many states have regional centers which are approved by the United States Government. One of the benefits of the EB 5 visa is that the investor does not have to live in the city or state where the investment is made. The investor, their spouse and all unmarried children under the age of 21 can live anywhere in the United States. Many investors would like to go to the location where the investment and project is to view for themselves. This is always recommended with an investment of $500,000.

Allowable activities for the investments in Hawaii by the approved regional centers are as follows: all forms of tourism in Hawaii; life science research and development; technology; iar transportation; highways; harbors; manufacturing; trade; hospitals; nursing homes; ambulance services; aquaculture; exotic crops; specialized crops; alternative energy in geothermal; motion picture; television production; ocean thermal alternative energy; solar energy; wind alternative energy and many others.

Hawaii is a unique investment location in the United States since it is an island and one of the major tourist attraction locations in the world.

Continue reading "Investor Visas: EB5: Allowed Activities for United States Approved Regional Centers: Hawaii" »

Under the EB 5 pilot program, USCIS approved regional centers with an I-924 petition. There are over 100 approved regional centers in the United States. Below is a discussion of allowed investment activities in California. One of the benefits of the EB 5 pilot program is that the investor does not have to live in the area of the investment nor work in the investment. Instead, the investment of $500,000 in target employment areas created the 10 jobs needed to have the final permanent residency approved after two years with the I-829, The investor, their spouse and all unmarried children under the age of 21 can enter the United States upon the approved I-526 however this permanent residency status is conditional upon the creation of the jobs and other USCIS requirements.

All investments are "at risk" so it is crucial to investigate the project as well as the regional center. It is advised to have a due diligence assessment of the regional center and project before any investment is made. The $500,000 is placed into an escrow account and refunded if the I-526 is not approved however regional centers have different procedures regarding their processing fee and it is very important to know if the processing fee will also be returned in the event the I-526 is approved.

There are over 10 United States Approved Regional Centers in California. The following is not the complete list and only a representative sample. In addition, some projects may be completed or not being pursued. It is important to know the exact allowed project in complete detail before the investment is made. The allowable activities in California for the investment include advanced logistic operations, United States Customes bonded warehouse services; agriculcutural program for investments for some specific uses, wineries, manufacturing machinery for elevator platforms, alternative technologies for energy, solar power, fossil fuel, Wind energy, Geothermal energy, hotels, restaurants, retail shopping centers, nursing homes and assisted living facilities, rebuilding and redevelopment of closed military bases, medical offices, health services, motion picture and film, infrastructure development at Southern California Logistics Airport, residential development and many others.

When investigating the regional center, it is very important to know the percentage of approvals and/or denials they have for both the I-526 and I-529.

Continue reading "EB 5 Investor Visa: United States Approved Regional Centers: California Investment Projects" »

Are you a citizen of Mexico? Would you like to live in the United States with your spouse and your unmarried children under the age of 21? Would you like to be permanent residents of the United States and be able to open a business in the United States? Would you like for your unmarried children under the age of 21 to be able to attend school as residents? If so, the EB-5 investor visa can be the most appropriate petition for investors.

The EB-5 visa for investors {under the EB 5 pilot program which has a reduced investment of $500,000} requires an investment through a United States Regional Center. Unlike other investor visas, such as the E-1 or E-2, the EB-5 visa grants permanent residence status upon approval of the petition. There is no waiting period while in the United States to adjust unlike some other visas. The EB 5 petition, once approved, also bestows permanent residence status on your spouse and all unmarried children under the age of 21. For the EB-5 pilot program, these are done in targeted employment areas where the unemployment rate is documented at 150% above the unemployment rate. This allows the reduced investment of $500,000. All investments must be "at risk" which is why it is crucial to have a due diligence investigation on the Regional Center as well as the project. You must only use approved Regional Centers by the USCIS which petition for this approval with an I-924. The jobs which must be created to satisfy the requirements of the USCIS are ten jobs but they can be indirect jobs which are normally associated with the construction of the project.

For citizens of Mexico, the ability to reside permanently in the United States can be of great benefit. In addition, the EB 5 visa can lead to citizenship after the required period of time as lawful permanent residency. United States Citizenship for yourself, your family and, of course, future generations should be part of your immigration plans.

Continue reading "Citizens of Mexico: EB 5 Investor Visa" »

There are many differences between the EB 5 and the E 1 visas. USCIS has many different petitions for investors. There are also other investor visas such as the E 2. The E 1 is for personnel of treaty trader companies operating in the United States. Nationals of these treaty trader countries may apply to entrance to the United Status under E 1 status if the purpose is to carry out substantial trade. This is distinguished from the E 2 as this is for investment as is the EB 5.

Under the requirements of the E 2,managers, executives and other specialists of treaty trader country companies operating in the U.S. may petition for this visa. The requirements include that the nationals of these treaty countries seeking to enter the U.S. must carry out substantial trade. For the E-2, the international trade between the home country and the U.S. must be 'substantial'. Substantial is not defined as a dollar amount and is, instead, defined in that there is a sizable and continuing volume of trade. One of the additional requirements is that more than fifty per cent [50%] of the trade internationally must be between the home country and the United States. The E-2 visa also allowes Immediate family members of E-1 visa holders to enter the county and this is defined as the spouse and all umarried children under the age of 21. Unlike the EB 5 visa, the E-2 visa will not be able to be adjusted to permanent residency in the United States.

The countries which are included in the current list for the treaties are as follows. Make sure to consult an attorney before petitioning as this list can change.The current countries are Mexico, Phillipines, Japan, United Kingdom, China (Taiwan), Yugoslavia, Turkey, Togo, Sweden, Spain, Singapore, Poland, Panama, Italy, Ireland, Iran, Honduras, Grenada, Germany, Georgia, France, Ukraine, Tobago, Trinidad, Switzerland, Sri Lanka, Slovak Republic, Romania, Paraguay, Oman, Norway, Netherlands, Morocco, Mongolia, Macedonia, Luxembourg, Tunisia, Thailand, Suriname, Slovenia, Sengal, Pakistan, Congo (Brazzaville), Columbia, Chile, Canada, Cameroon, Bulgaria, Herzegovinia, Lithuania, liberia, Latvia, Kyrgyzstan, South Korea, Kazahkstan, Jordan, Jamaica, Finland, Ethiopia, Estonia, Egypt, Ecuador, Czech Republic, Croatia, Costa Rica, Bongo (Kinshasa), Bosnia, Bolivia, Belgium, Bangladesh, Bahrain, Azerbajian, Australia, Armenia and Australia. If your nationality is not one of these countries, then your petition for an E-1 or E-2 would not be approved. If you do not live in one of these treaty countries, you can still petition under the EB-5.

The EB-5 is for investors who invest in the United States. The EB 5 investment can be as high as $1,000,000 and as low as $500,000 for the pilot program with the United States Approved Regional Centers in targeted employment areas. A careful analysis must be performed before the petition is filed to determine the requirements of the petition and the chances of success. No attorney can guarantee the success of any petition as this is approved the USCIS so it is crucial for the petitioner to make an informed and intelligent decision with the assistance of their immigration attorney.

Continue reading "Investor Visas: E-1 versus EB 5: Analysis" »

USCIS has many different investor visas under the E classification. There is the E 1 [which will be discussed in a subsequent article], E 2 and EB5 including the EB5 pilot program. All of these visas has advantages and disadvantages. The investor visas are for investment in United States business entities. All have strict requirements and a proper analysis of the goals of the client is essential in determining which visa is most appropriate.

Most investors have the goal of permament residency for themselves, their spouse and their unmarried children under the age of 21. This permanent residency can lead to citizenship if desired. The EB 5 visa petition allows the investor, their spouse and all unmarried children under the age of 21 to enter the United States a permanent residents under the I-526. After two years, the I-829 is filed which, upon granting, make the status permanent. The EB 5 pilot program also allows for entrance to the United States as permanent residents and has many benefits over the EB 5. First, the investment is $500,000 as opposed to $1,000,000. Second, the investment can be made in a United States Approved Regional Center in a targeted employment area which will satisfy the requirement by USCIS of ten jobs created. In the EB 5 pilot program, these can be indirect jobs so that the permanent residency is assured upon the investment and not success of the project. As with all investments, the requirement is that they be "at risk". A due diligence analysis of the investment and project can lessen the risk. The EB 5 is not limited to the countries which are listed for the E 2 treaty investor visa and this widens the countries from which their nationals can petition.

An E 2 visa is an investor for treaty countries. These countries include [but check with the Department of State since treaty status can change] Argentina, Armenia, Australia, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia, Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Ecaudor, Egypt, Estonia, Ethiopia, Finland, Jamaica, Japan, Jordan, Kazahkstan, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Herzegovina, Bulgaria, Cameroon, Canada, Chile, China (Taiwan), Columbia, Congo (Brazzaville), Pakistan, Philippines, Sengal, Slovenia, Suriname, Thailand, Tunisia, United Kingdom, Luxembourg, Macedonia, Mexico, Mongolia, Morocco, Netherlands, Norway, Oman, Paraguay, Romania, Slovak Republic, Sri Lanka, Switzerland, Trinidad, Tobago, Ukraine, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Panama, Poland, Singapore, Spain, Sweden, Togo, Turkey and Yugoslavia. Another requirements is that you are investing, or have invested, a substantial amount. This is not a determined number but different for each investment unlike the EB 5. The advantage is that this can be lower than $500,000 but the disadvantage is that this E 2 visa does not allow the investor to enter a a permanent resident nor adjustable to permanent residency. In addition, the investor must be coming to the United States solely for the purpose of the investment and have at least a 50% ownership of the company in which the investment is made or a managerial position.

As you can see, an analysis must be completed first to determine if the goal of the investor will be met with the petition filed.

Continue reading "Investor Visas: EB 5 versus E 2:" »

The USCIS is proposing changes to the processing of EB 5 investor visa petitions. The proposed changes affect the processing. The investor EB 5 petition is for prospective immigrants who will invest in a commercial enterprise which will create at least ten full time jobs in the United States with qualified workers. An EB 5 investor may petition with a qualified regional center or on their own by opening a new business. Petitions on Form I-526 are for the investors. The EB 5 pilot program sunsets in September of 2012 and no guarantee that it will be extended.

Regional Centers are approved by the government upon petition on Form I-924. These approvals are for two varieties. First, actual applications present shovel ready projects which are ready to be approved and suppor the filing of immediate I-526 petitions. The supporting documents include business plans which are specific, economic analysis of the job's created and the project, the actual investment-capital structure of the investment, the documentation for the offering of the investment, the regional economic impacts which are anticipated and the operating structure and plan of the Regional Center. Second, exemplar applications are those which are not shovel ready but present a feasible project for a business and can seek a preliminary determination for EB 5 compliance.

USCIS, in their proposal for comment which ended on June 17, 2011, proposes to prioritize the applications which are actual and shovel ready. The first is to offer an accelerated target processing time and the second is for eligibility for premium processing. Premium processing offers an expedited processing in which a fee is paid and the turn around time is 15 days. The targeting times may make a difference of many months in the processing.

Continue reading "United States Customs and Immigration Service: EB 5 Processing: Proposed Changes To Investor Visas and Premium Processing" »

In San Diego and throughout California, the California Certified Public Accountants help with tax planning and other financial issues including business related. The EB 5 petition process is complicated with the USCIS. In addition, the investment needs to be reviewed by an expert. The EB 5 pilot program allows investments with regional centers which are approved by the United States government.

The CalCPA website has information which has many public resources. You can find a CPA, ask a CPA a question, look up and verify licensing status of CPA's, and also find a link for financial literacy. Since foreign investors may not be familiar with the laws regarding worldwide taxation once permanent residence status in the United States is granted, it is crucial to consult with an expert so informed and intelligent decisions can be made. Our law office has used Jeffrey Porter, CPA in the past and can recommend him as well as others in our area and also outside of California.

A CPA's responsibilities and duties include many areas. Always make sure that the CPA you use has a valid license. Each state has an agency which can inform you whether the license is valid or not.

First is advising on tax returns and preparation of tax returns. This may include strategies to legally minimize taxes and other techniques. If a business is being bought or sold, a CPA can also advise on the financial issues.

Second, a CPA can audit financial records and books to verify accuracy of the content and financial information. This is especially important in EB 5 petitions since, while the regional centers are all approved by the United States government, it is essential to perform your own due diligence. Whether your investment is $1,000,000 or $500,000 for targeted employment areas, a CPA can ascertain the financial condition of the business or regional center.

Third, a CPA can consult for business owners. A CPA can set up a business plan in order to assist with obtaining financing for the business whether it is a corporation or partnership or other business entity. A CPA can assist in determining whether a business idea or business is viable.

A CPA can also assist other professionals, such as immigration attorneys, to make sure there is adherence to a strict code of professional conduct. In the event of a tax audit, the CPA can assist with liaisoning with the IRS or other government agencies.

Continue reading "Certified Public Accounts: California & Investor Visas for EB 5 Petitions" »