US Residence Permit Support (EB-5)

Besides general immigration proceedings, which are controlled by the actual needs of the job market, there is also the possibility to obtain a US green card and permanent US residency through sparking job growth and economic development.

United States Citizenship and Immigration Services (USCIS), a component of the United States Department of Homeland Security (DHS) administer the Immigrant Investor Program, also known as EB-5. It was created by Congress in 1990 to stimulate US economy.

Under this program, non-US entrepreneurs as well as their spouses and unmarried children under 21 are eligible to apply for a green card if they invest in the United States by creating a new commercial enterprise or investing in a troubled business and therewith creating or preserving ten permanent full-time jobs for qualified US workers. Roughly 10,000 visas are issued annually for contributing and investing into the country’s economic growth.

As a general rule, the immigrant must invest at least $1,000,000. A minimum amount of $500,000 is restricted to 3,000 visa annually. However, it only applies when realizing an investment project located in a Targeted Employment Area (TEA), defined as either a rural area or an area experiencing unemployment of at least 150 percent of the national average rate.

The respective investment project is examined in detail for reliability and accredited according to the requirements of the EB-5 program by a so-called Regional Center. A characteristic feature of investment projects under the EB-5 program is that they do not focus on the profitability of the capital invested by the applicant, but on the acquisition of a green card.

A detailed description of the projects we are placing and the specific risks associated with an investment are included in our handouts and documents.

Once the investment has been made, the applicant must file a so-called I-526 petition through an immigration attorney, providing evidence

• that they have made a $500,000 to $1 million US dollar investment
• that the investment will lead to the creation of at least 10 fulltime US jobs
• that the capital investment was obtained through lawful means

EB-5 visa applicants can apply for US residential status once the I-526 petition is complete. They do so by filing the form I-485 (Application to Register Permanent Residence or Adjust Status) or by filing a DS-230 (Application for immigrant visa and alien registration).

Once the application of visa has been approved, the EB-5 investor and dependents obtain conditional permanent residence that is valid for two years, which requires that, during the final 90 days of that two-year period, a petition must be filed in order to remove the conditions from the conditional permanent residence. Upon approval of the petition by USCIS, the applicant is granted permanent resident status.

For more information see https://www.uscis.gov/eb-5