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Benefit from the business background of Bay Area Immigration Attorney Sweta Khandelwal for your EB-5 Green Card

What is the EB-5 Green Card

The EB-5 investor immigrant visa may be the answer for clients who lack other options for permanent residence as a result of our broken immigration system. Other frequently used categories of employment based Visas (EB-2: Members of Professions holding Advanced Degrees; EB-3: Professionals, Skilled, and Other Workers) face huge backlogs in processing times. The priority date for EB-5 is current. For the latest visa bulletin, click here. Moreover, as the applicant is a self-petitioner, he/she has a certain degree of control over the visa process.

There are two distinct EB-5 pathways for an immigrant investor to gain lawful permanent residence for themselves and their immediate family: the Basic Program and the Regional Center Pilot Program (RCPP). In either case, the investments must satisfy the EB-5 eligibility requirements.

The minimum amount of investment is 1 million USD. However, if the investment is made in a Targeted Employment Area, the minimum investment is $500,000. The alien investor must establish that the investment comes from accounts under his/her name and that the sources of funds are legitimate. The alien investor must place the statutory minimum amount of capital “at risk” for the specific purpose of generating a return on the capital for the entire two-year period of conditional residence. Most debt arrangements are prohibited.

If the Applicant is in the U.S., he/she can file their Adjustment of Status immediately after the Immigrant Visa petition is approved, the priority date being current. If the Applicant is outside the US, he/she will obtain the EB-5 Immigrant Visa from the Consulate abroad.

The application for the EB-5 visa is extremely complex. We must establish, by clear and convincing evidence, that the EB-5 business meets all the statutory requirements. This requires a detailed understanding of accounting, cash-flow statements, operating statements and balance sheets. Sweta is a Chartered Accountant (akin to a CPA) and has a comprehensive understanding of the paperwork that is involved in the preparation of the visa petition.

Sweta was featured as an EB-5 expert on a live radio show RealEstateTalk.biz on June 16, 2013 Talk (AM 1220) Sunday’s 9-10:00 am on KDOW. Listen to the recording here http://realestatetalk.biz/?p=272

Watch the legal segment on EB-5 visa that was aired on Sitaarre TV on February 5th 2012 as a visa option available for foreign entrepreneurs.


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