Investment-Based Immigrant Visa
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Our Services Include:

  • Full Review of your personal circumstances
  • Identification of appropriate visa options
  • Checklist of documents required for your visa
  • Accurate preparation of your application or petition
  • Preparation of Memorandum of Law or letter in support of your visa application/petition
  • Submission of your visa application or petition to the government agencies
  • Careful co-ordination of all correspondence with the government agencies

To schedule a consultation for case specific advice, please call us at 253-838-5444 during our regular office hours, Monday to Friday 8 a.m. to 8 p.m. and Saturday 9 a.m. to 4 p.m. PST, or request a consultation by e-mail using the link below.



Overview


Immigrating to the United States to live here permanently is an important decision and a once in a lifetime opportunity.

A Lawful Permanent Resident is a foreign national who has been granted the privilege of permanently living and working in the United States. If you want to become a lawful permanent resident based on investment in the United States, you must go through a multi-step process.

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. ยง 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.

Of the 10,000 investor visas available annually, 5,000 are set aside for those who apply under a pilot program involving a USCIS-designated "Regional Center."

A "Regional Center:"

  • Is an entity, organization or agency that has been approved as such by the Service;
  • Focuses on a specific geographic area within the United States; and ,
  • Seeks to promote economic growth through increased improved regional productivity, creation of new jobs, and increased domestic capital investment.


"Foreign National Investors" must:

  • Demonstrate that a "qualified investment" (see below) is being made in a new commercial enterprise located within an approved Regional Center; and,
  • Show, using reasonable methodologies, that 10 or more jobs are actually created either directly or indirectly by the new commercial enterprise through revenues generated from increased exports, improved regional productivity, job creation, or increased domestic capital investment resulting from the pilot program.

Eligibility


Permanent Resident Status is available to investors, either alone or coming with their spouse and unmarried children. Eligible aliens are those who have invested or are actively in the process of investing the required amount of capital into a new commercial enterprise that they have established. They must further demonstrate that this investment will benefit the United States economy and create the requisite number of full-time jobs for qualified persons within the United States.

In general, "eligible individuals" include those:

  1. Who establish a new commercial enterprise by:

    • creating an original business;
    • purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the business such that a new commercial enterprise results; or
    • expanding an existing business by 140 percent of the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost 20 percent of its net worth over the past 12 to 24 months; and

  2. Who have invested -- or who are actively in the process of investing in a new commercial enterprise:

    • at least $1,000,000, or
    • at least $500,000 where the investment is being made in a "targeted employment area," which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a rural area as designated by OMB; and

  3. Whose engagement in a new commercial enterprise will benefit the United States economy and:

    • create full-time employment for not fewer than 10 qualified individuals; or
    • maintain the number of existing employees at no less than the pre-investment level for a period of at least two years, where the capital investment is being made in a "troubled business," which is a business that has been in existence for at least two years and that has lost 20 percent of its net worth over the past 12 to 24 months.


Foreign investor must provide evidence that the investment comes from a lawful source of funds.


Process


Once the EB-5 Petition is approved, immigrant investors may obtain a Conditional Resident Status. Within 90 days prior to the second anniversary of an Alien Investor's receipt of the Conditional Resident Status, eligible investors must file a Petition by Entrepreneur to Remove Conditions in order to obtain a Permanent Resident Status based on their investment.



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Disclaimer: The information provided on this website is not legal advice. It is a general overview with regard to the subject matter covered and should not be relied upon for any specific situation. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. For case specific legal advice, please contact our firm.
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