The EB-5 Immigrant Investor Program offers a unique path to obtaining U.S. permanent residency by making a qualifying investment in a U.S. business. At the Law Offices of Sweta Khandelwal, we are dedicated to guiding you through this complex process efficiently, while ensuring that you are well-informed every step of the way.
Overview of the EB-5 Program Requirements
The EB-5 program requires a substantial investment, along with a commitment to creating jobs in the U.S. economy. Investors must contribute a minimum of $800,000 in a Targeted Employment Area (TEA) or $1,050,000 outside TEAs. Additionally, the investment must result in the creation of at least 10 full-time jobs.
All EB-5 investors must invest in a new commercial enterprise that was established:
After Nov. 29, 1990; or on or before Nov. 29, 1990, that was purchased and the existing business is restructured or reorganized in such a way that a new commercial enterprise results or expanded through the investment, resulting in at least a 40% increase in the net worth
Infographic: A step-by-step visual representation of the EB-5 process
Key Benefits:
- Fast-track to U.S. green card
- Permanent residency for the investor and their immediate family
- No sponsorship required
- Option to live and work anywhere in the U.S.
What is a commercial Enterprise?
A new commercial enterprise means any for-profit activity formed for the ongoing conduct of lawful business, including:
- A sole proprietorship;
- Partnership (whether limited or general);
- Holding company and its wholly owned subsidiaries (provided that each subsidiary is engaged in a for-profit activity formed for the ongoing conduct of a lawful business);
- Joint venture;
- Corporation;
- Business trust;
- Limited liability company; or
- Other entity, which may be publicly or privately owned.
This definition does not include noncommercial activity, such as owning and operating a personal residence.
What is a TEA?
A Targeted Employment Area (TEA) is a designation in the United States immigration system, TEAs are regions identified as having higher levels of unemployment or being rural, and they are often given special considerations to encourage investment.
Why Choose Law Offices of Sweta Khandelwal for EB-5
Our firm is renowned for its deep expertise in U.S. immigration law, particularly the EB-5 program. With a proven track record and numerous success stories, we have helped hundreds of investors and their families secure U.S. permanent residency.
Key Highlights:
- Over 18 years of experience in U.S. immigration law
- Exceptional success rate with EB-5 cases
- Multiple awards recognizing outstanding immigration legal services
EB-5 Investment Options
The EB-5 program offers two primary investment options:
- Regional Center Investment:
This option allows investors to contribute to a project managed by a U.S. Regional Center, which facilitates indirect job creation. It is ideal for those who prefer a passive investment. - Direct Investment:
With this option, investors take a more hands-on role in managing the business, ensuring the creation of direct jobs. This is suited for entrepreneurs looking to establish and grow their ventures.
Minimum Investment Amounts:
- $800,000 for investments in TEAs or rural areas
- $1,050,000 for investments in non-TEA locations
EB-5 Application Process
The EB-5 application process can be lengthy, but we streamline the procedure for our clients to ensure a smooth journey.
Key Steps:
- Select and invest in a qualifying project.
- Document your source of funds to make sure they are legally obtained, this documentation can include tax returns, business transactions, bank statements, and other financial records.
- File Form I-526E (Immigrant Petition by Regional Center Investor) or Form I-526 (for Direct Investment)
- Include evidence of the investment, the source of funds, and a business plan that shows how your investment will create the required jobs.
- Apply for a Conditional Green Card
- If you are outside the U.S., file DS-260 with the National Visa Center (NVC) to apply for an immigrant visa and schedule a consular interview.
- If you are in the U.S. on another visa, file Form I-485 (Adjustment of Status) to obtain conditional permanent residency.
- Attend Your Visa Interview (if applying from abroad)
- Attend an interview at a U.S. consulate in your country. Prepare to answer questions about your investment and intent to immigrate to the U.S.
- File Form I-829 to Remove Conditions
- 90 days before the two years end, file Form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) with USCIS.
- Include evidence that your investment has created the required jobs and that the investment is still at risk (i.e., actively involved in the business)
Timeline:
Typically, it takes 24-36 months from the initial application to obtain conditional residency. After two years, investors can apply for permanent residency.
Frequently Asked Questions (FAQs)
- What is the EB-5 Immigrant Investor Program?
The EB-5 program allows foreign investors to obtain a U.S. green card by making a qualifying investment in a U.S. business and creating jobs. - What is the minimum investment required for the EB-5 program?
The minimum is $800,000 in TEAs or $1,050,000 outside of TEAs. - How many jobs must be created through an EB-5 investment?
At least 10 full-time jobs for U.S. workers must be created. - What is the difference between Regional Center and Direct EB-5 investment?
Regional Center investments allow for indirect job creation, while Direct investments require active involvement and direct job creation. - How long does the EB-5 process take?
The process typically takes 24-36 months from filing to conditional residency. - Can my family members also obtain green cards through my EB-5 investment?
Yes, your spouse and unmarried children under 21 can also obtain green cards. - What happens if my EB-5 project fails?
If a project fails, it may impact your immigration status. Our firm helps protect your interests in such cases. - How does the Law Offices of Sweta Khandelwal assist with EB-5 applications?
We offer comprehensive services including project evaluation, document preparation, source of funds analysis, and ongoing representation throughout the EB-5 process.
