The EB-5 Immigrant Investor Program is a U.S. system that offers the opportunity for foreign investors to obtain U.S. lawful permanent resident status (aka Green Card) for themselves and their immediate families. The EB-5 Immigrant Investor Program provides a pathway to a permanent green card and eventually citizenship for qualified immigrant investors.
The U.S. Congress created the EB-5 category in the Immigration Act of 1990 to create jobs for American workers by attracting foreign capital investment to the U.S. The investor is allowed to engage in new or existing commercial enterprise anywhere in the US by investing a certain amount in a new commercial enterprise that will benefit the U.S. economy.
Currently, the EB-5 investor must contribute a minimum amount of $900,000 in a TEA or $1,800,000 in non-TEA to a new commercial enterprise in the U.S. generating at least ten (10) full-time jobs with a lawful source of funds. As of March 15, 2022, the EB-5 investors in the United States may file concurrently their I-485 Adjustment of Status application. This legislation offers the EB-5 investors the opportunity to get their EAD card and Advance Parole to travel pending the approval of their I-526 green card petition which is taking 18-24 months. For EB-5 investment in TEA or rural areas, the priority date is current for all countries. As such, this is a great time to get your green card faster under the EB-5 Program, especially, for countries with a long backlog, like China and India.
Under the EB-5 Program, your investment must meet all the requirements of the United States Citizenship and Immigration Services (USCIS) regulations, including the (i) investment must be at risk and (ii) creation of at least 10 full-time jobs for each investor. The EB-5 Program is very complex with many challenges to obtaining your green card. One of the major challenges we see is the source of funds documentation for the EB-5 investors, in addition to performing due diligence on EB-5 projects. The EB-5 Program remains a great, practical, and fast venue for immigration to the U.S. It is important to see the advice of a qualified EB5 visa lawyer, not only for the preparation of the immigration paperwork, but in the investment of the underlying U.S. business entity, or the purchase of an already existing U.S. business.
The Chan Law Firm provides developers and immigration investors the needed services to successfully leverage the EB-5 Program. We offer EB-5 Regional Center formation, marketing, and compliance services tailored to developers and immigrant investors. Our legal team and strategic partners are committed to helping our clients achieve their business and personal goals. Our comprehensive services include:
Forming of regional centers for developers;We understand the decision to immigrate to the U.S. is a very important one. At Chan Law Firm, we educate our immigrant investors about the EB-5 process and assist them every step of the way to obtaining their green cards. Our professional staff works closely with our clients to effectively meet their immigration needs. It will be an honor to serve your family in the EB-5 visa process.
Retaining an EB5 visa attorney with experience and knowledge of the process is absolutely necessary when handling such important immigration visa matters.
Since 1998, Ms. Chan is licensed to practice law in New York and New Jersey. She is a prominent EB-5 immigration attorney who has been featured in China Daily, The Real Deal, The New York Times, EB-5 Investors Magazine and other major publications.
With over 40 years of international diplomacy, Michael McClary is a retired U.S. federal executive with the Department of Energy. Mr. McClary graduated from the U.S. Military Academy at West Point and served in the U.S. Army in Germany and Vietnam.
Lamont Blackstone is the principal of G.L. Blackstone & Associates, an urban commercial real estate consulting company. With over 25 years of experience in real estate and finance, Mr. Blackstone is the recipient of the Distinguished Service Award of the Board of Trustees of the International Council of Shopping Centers.
