Advantages of EB-5 Investor Program
Does not require an offer of employment or labor certification application
Does not require applicant to have a particular background, education, or experience
The EB-5 investor and their family is granted conditional permanent residence (Green Card) for 2 years. After 2 years, they can apply to have conditions removed from their Green Card
Can you become a U.S. Citizen?
5 years after being granted conditional permanent residence, the EB-5 investor and his/her family may be eligible to apply for U.S. citizenship.
EB-5 Investor Program
An EB-5 investor must make:
- an “at risk” investment
- consisting of lawfully obtained capital
- in a new commercial enterprise
- that creates at least 10 jobs for U.S. workers
The investment can either be a Direct Investment or through a Regional Center.
Direct Investment vs. Regional Center
Direct Investment | Regional Center | |
---|---|---|
Applicable Business Sectors | All business that create required jobs in any industry | Invest in Regional Center designated businesses that create required jobs |
Business Plan | Required | Required |
EB-5 Investor Participation | Directly invested with US entity | Capital investment through a Regional Center sponsor |
EB-5 Investor Business Operation Management | Active Day-to-Day management or policy formulation | Policy formulation |
EB-5 Investor Relationship with Job Creating Entity | Direct | Indirect, as lender (debt) or through equity investment |
Job Creation Requirement | At least 10 full-time jobs for qualified US workers | At least 10 full-time jobs for qualified US workers |
Job Counts | Direct employment | Direct/Indirect/Induced |
Job Creation Verification | Job projections/payroll tax returns/I-9 forms/W- | Project-specific economist report/subject to the final approval of USCIS/subject to proof of achieving assumptions utilized by economist |
Applicable Business Sectors
Direct Investment
All business that create required jobs in any industry
Regional Center
Invest in Regional Center designated businesses that create required jobs
Business Plan
Direct Investment
Required
Regional Center
Required
EB-5 Investor Participation
Direct Investment
Directly invested with US entity
Regional Center
Capital investment through a Regional Center sponsor
EB-5 Investor Business Operation Management
Direct Investment
Active Day-to-Day management or policy formulation
Regional Center
Policy Formulation
EB-5 Investor Relationship with Job Creating Entity
Direct Investment
Direct
Regional Center
Indirect, as lender (debt) or through equity investment
Job Creation Requirement
Direct Investment
At least 10 full-time jobs for qualified US workers
Regional Center
At least 10 full-time jobs for qualified US workers
Job Counts
Direct Investment
Direct employment
Regional Center
Direct/Indirect/Induced
Job Creation Verification
Direct Investment
Job projections/payroll tax returns/I-9 forms/W-2
Regional Center
Project-specific economist report/subject to the final approval of USCIS/subject to proof of achieving assumptions utilized by economist
Full-Service EB-5 Legal Services
Our services include:
Pre I-526
- Source and path of funds stategy
- OFAC License Applications
- Preparation and filing of I-526 petition
- TEA Determination
Post I-526
- Responses to USCIS requests for evidence (RFEs), Notice of Intent to Review (NOIRs), and Notice of Intent to Deny (NOIDS)
- Writ of Mandamus Lawsuit
- AAO Motion to Reopen and Motion to Reconsider
Post I-526 Decision
- Interview Preparation
- Consular processing or adjustment of status application
- Immigration Visa Writ of Mandamus Lawsuit against Department of State/Consular Office
- Regional Center Litigation
Pre I-829
- Re-Entry Permits
- Communication with Regional Centers on project status and job creation
Post I-829 Filing
- Writ of Mandamus Lawsuit
- Annual InfoPass Appointment for Principal and Derivative Beneficiaries for I-551 Stamps
Post I-829 Decision
- Federal Court Appeal
- Removal Proceeding Representation
- Naturalisation Applications
Process
CONTACT US
FIND US
17 Eaton Avenue
Bryanston
Johannesburg
Gauteng
2021
CONTACT US
Telephone:
South Africa: 011 467 0810
International: +27 11 782 5289
Postal:
PO BOX 35046
Northcliff
2115
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