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US Immigration Attorneys - EB-5 Investor Visa Advice

Our United States Immigration Lawyers are experienced, ethical, and registered with AILA (American Immigration Lawyers Association), and they can assist clients in our offices in Brisbane, Australia, Hong Kong, Singapore, London, UK and Lisbon, Portugal. In 2023, our US Attorney's can advise clients worldwide, with a fast and efficient Consultation by telephone, email or video call where they advise you about:

Background and Guide - EB-5 Program - United States

The EB-5 Immigrant Investor Program, administered by the US Citizenship and Immigration Services (USCIS) allows Investors, their spouses and unmarried children under 21 years to apply for High Net Worth Immigration to the United States and obtain a green card (permanent residence) if they:
The EB-5 visa was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Moreover, In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program.

EB-5 Job Creation Requirements

Direct jobs - actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB-5 investor has directly invested his or her capital.

Indirect jobs - those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Capital Investment Requirements - EB-5 Visa

The required Minimum Investments are:

Reauthorization of the EB-5 Immigration Regional Center Program, as at 15 March 2022

On March 15, 2022, the President of the United States signed and approved the FY2022 Omnibus Appropriations Bill which includes updates to the EB-5 program. Therefore, the EB-5 Regional Center Program has now been authorized through to 2027. Outlined below are an overview of the included updates:
1. 20% will be set-aside for rural projects.

2. 10% will be set-aside for high unemployment areas.

3. 2% will be set-aside for infrastructure projects.

Re-authorization of EB-5 Regional Center Program - 24 June 2022

On June 24, 2022, the U.S. District Court for the Northern District of California issued a preliminary injunction that fully reauthorized the EB-5 Regional Center Program. Therefore, regional centers, whose certification had previously been removed by United States Citizenship and Immigration Services (USCIS), can immediately resume operations and accept new investors. Investors in EB-5 regional center projects can file their I-526 petitions with USCIS, without further delay.

USCIS Now Accepts I-526 Petitions From Regional Center Investors

After nearly a year, foreign nationals can once again invest in a regional center-sponsored EB-5 project and file Form I-526, the first application in the EB-5 immigration process. Selecting a regional center-sponsored project offers investors several unique advantages:
New investors in regional center projects are now eligible for two other benefits that were introduced in the EB-5 Reform and Integrity Act (RIA) of 2022:

Benefits of the EB-5 Investor Program

The benefits of investing in EB-5 Projects, as offered by our USCIS approved Regional Centers are:

Application Process - EB-5 Visa

An application for an EB-5 must comply with the following steps:

1. File Form I-526 - Petition by Alien Entrepreneur. Note that our Regional Centers have a better than 99% approval rate on I-526 petitions, which is significantly higher than the national USCIS average of 89%.

2. Approval of Form I-526 petition - need to file either of the following:
3. Once the Form I-485 is approved, the Investor and his family will be granted conditional permanent residence for a 2-year period.

4. File Form I-829 - Petition by Entrepreneur to Remove Conditions, 90 days before the two-year anniversary of the granting of the EB-5 investor's conditional resident status (Green Card).

5. USCIS Approves Form I-829 petition - the conditions will be removed from the EB-5 applicant's status and the EB-5 investor and derivative family members will be allowed to permanently live and work in the United States.

EB-5 Investor Projects - 2023

For information about our current EB-5 Projects, open for investment, in September 2023:

Frequently Asked Questions - FAQ - EB-5 Immigrant Investor Programme

What is the EB-5 Investment amount, as at January 2023?

It is $800,000 USD, in a Targeted Employment Area (TEA), plus an Administration fee and Immigration Attorney fees.

What is the EB-5 Visa Process?

1. Invest and file an application for conditional green card (Form I-526E). 2. Upon I-526E approval, start the process for a consulate interview or adjustment of status. 3. Receipt of conditional green card. 4. File application for removal of conditions (Form I-829). 5. Eligible for Return of capital. 6. Receipt of Permanent green card (US Permanent residence).

How many jobs does my $800,000 USD investment need to create?

The Investor needs to create 10 Jobs through your investment. The Regional Center Projects will create the jobs for you.

What are the advantages of EB-5 compared to other Visas?

A. No requirements for education, work experience, special technical abilities etc. B. Freedom to live and work anywhere you wish. C. Faster path to citizenship than H-1B or other visas D. Easy to apply. E. $1,050,000 (or $800,000) investment for 5 years. F. You can get the money repaid.

Are my Source of Funds checked?

Yes. Immigration Attorney reviews documents for investor source of funds, Investor signs contracts, sends $800,000 investment to escrow account and transfers administration fee to the General Partner.

Apart from the EB-5 capital Investment of $800,000 USD, what are the approximate additional costs, in USD?

I-526 Filing I-485 Filing I-829 Filing

What factors are important, when choosing a Regional Center Project?

1. Validated Track-record of previous EB-5 Projects - at least 10+ previous Projects. 2. 98% - 100% Approval on USCIS Adjudicated I-526 Petitions. 3. Experienced Team of EB-5, with over 50+ years of Real Estate development and investment. 4. Reputation of Credibility and Trust. 5. History of successful Repayment of EB-5 money back to investors. 6. Strong Collateral and Corporate Guarantees. 7. Favourable Construction Timeline. 8. Attractive Capital Stack. 9. Meets USCIS Requirements. 10. I-526 approval guaranteed or 100% of capital and fees are returned.

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