EB-5 Investment Green Card

Best Suited For

• Family with eldest child is at most 18 years old (even younger for countries where visas are backlogged)
• Investor with clear history to proof of funds
• Family with ability to wait a few years to relocate into the U.S.

Background

The EB-5 is a job-creating investment program that allows a foreign investor to invest the legal minimum into a new U.S. business, receive a two-year temporary green card (I-526 stage), create ten full time jobs through the investment, and then receive the permanent green card (I-829 stage).  The EB-5 can be Direct Investment, where the investor invests directly into the new business to create the jobs.  Or it can be a group of investors investing into an approved private equity called a Regional Center, then deploying the funds via loan into a job creating entity.

The EB-5 is a widely used program, even when the processing time can be quite long.  Like the fable “the Tortoise and the Hare,” the EB-5 is like the tortoise that steadily inches towards the finish line = permanent green card.  We recommend starting the EB-5 investment early, especially if you have children who are already studying in the U.S. on the F-1 international student status.  For F-1 international students, one of the biggest challenges after graduation is figuring how to stay in the U.S.  If the EB-5 process can be completed prior to the child’s college graduation, you will be able to give your child the ability to seek employment without restriction.

If family members would like to enter the U.S. during the EB-5 adjudication process, we recommend combining the EB-5 with an alternative visa program.  This will allow family members to enter and remain in the U.S. prior to the EB-5 being approved.

Basic Requirements and Suggestions

• Clear proof and source of funds
• Investment of the legal minimum amount specific to geographic region
• Creation of ten full time jobs per investor
  • Direct Investment needs to create direct hire positions
  • Regional Center may count indirect and induced jobs with any direct hire positions

Pointers to Success

• Evaluate carefully… successful EB-5 is obtaining the permanent green card, which can be many years from the initial application of I-526… consider:
  • Amount of capital put up by the Project itself versus from other sources like banks, private lenders, EB-5, etc.
  • Total number of jobs created versus total necessary for EB-5 investors
  • Whether the Project and assets are owned by the operators, or whether they are merely raising capital for others
  • Credibility of Project and its principle operators
  • Would Project allow investor to choose own immigration attorney, or must use one of theirs
• Adjudication process and wait time will likely get longer and longer, so it is best to start early
• Job creating entity must operate normally and create the required number of jobs by the time the Investor applies for permanent green card (I-829 stage)

Benefits

• Law is very clear on the requirements for investment and job creation
• Requirement of the Investor is low compared to other green card programs

Considerations

• Long adjudication process, children may age-out
• Investment is at-risk… if not careful, there is risk of total loss (loss of capital and loss of green card)
• Subject to IRS FATCA… contact us to consult with one of our FATCA & CRS experts

Application Process

• Prepare proof and source of funds report, along with personal documentation
• If Direct Investment…
  • Form legal entity and its bank account
  • Draft business plan
  • Begin initial start-up process (lease agreement; inventory; payroll; business insurance; etc.)
  • See how Green Maple can provide you with resources to set-up and start-up!
• If Regional Center…
  • Review and execute all legal documents
  • Transfer fund into the project
• I-526 application currently takes up to 3 years to process
• I-829 application currently takes up to 2 years to process
• Total process is approximately 7 years (some countries of birth may have longer wait time, such as China and India)

Success Cases

The EB-5 program is a well-intentioned immigration path that has received negative press due to mismanagement and misguided investment decisions.  An investor should always carefully consider the project before making the investment. At Green Maple Law Group, we have witnessed terribly high-risk projects getting funded by lots of investors, and brilliantly conservative projects not receiving any funding.  The marketplace has its risks, but we are able to help clients understand what risks may look like.

We have helped families, entrepreneurs, start-up operations, multi-national companies, and Fortune 500s with a variety of different types of visas and green card options.  Using our experience, we can competently advise clients on the best paths and the strategies with highest chances to succeed.

• Families with U.S. born children seeking U.S. education while parents legally remain in America
• Hollywood entertainment and production companies
• Global franchises and restaurant chains
• High tech companies
• Professional services in law, accounting, medical industries
• Multiple publicly traded companies and Fortune 500s
• Individuals with extraordinary abilities in sports, entertainment, business and others
• Careful and strategic planning for visas and green cards

Contact Green Maple today to schedule a consultation.

See what our clients say about working with us!