The source of the investor’s capital must be proven to have been obtained lawfully. If the capital is sent to the investor as a gift then the same process applies to the provider of the gift.
The legal ranges for EB-5 investments can depend on location, but in our foreign investor program, we exclusively offer investments valued at $1,000,000 and above.
The investment must directly or indirectly generate ten full-time jobs within 2.5 years of the approved I-526 form (the conditional green card petition), or show a reasonable projection that these positions will be created and filled. These jobs do not include the investor, his/her family members, or non-immigrant aliens.
This is not a passive investment. The investor must either actively manage or oversee a management structure which he or she implemented.
The business acquired must have been created after November 29th, 1990. If it was formed before this date then there must be a restructuring that results in a new enterprise. The vast majority of businesses we have sold to foreign investors were already considered new enterprises.
We meet or speak with you to discuss your goals as a foreign investor. We partner with our legal team to verify your eligibility and answer your questions about the proposed investment.
At the time of the investment, an I-526 form is filed with an immigration attorney; its purpose is to establish your basis for applying for the actual EB-5 Visa. Depending on where you are, the I-526 takes between 12-18 months to be approved.
When the I-526 is approved and you do not already have lawful status in the U.S., you then apply for a Visa using the DS-230. If you already have immigrant status, then you apply to adjust your status to conditional permanent resident using the I-485.
When the form in the above step is approved, the visa granted is conditional and depends on the investment and investor meeting the EB-5 requirements during the initial two year period. The conditional green card affords you the same benefits as a permanent one, so you and your spouse can legally work and your children can attend school.
In the last 90 days of this two year period, you file an I-829, which petitions to lift the conditional status and when approved, grants unconditional permanent residency.