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EB5

E2

L-1

EB5

program

Our experienced attorneys and immigration consultants provide a wide variety of EB-5 consulting services, including:

  • Step-by-step explanation of the immigration application and approval process.

  • General guidance in choosing an investment project that, to the greatest extent possible, will result in a “green card” for you and your eligible family members, and the return of investment capital after the applicable investment period.

  • Preliminary analysis of your assets to determine which assets could be used as investment capital.

  • Careful review of all relevant information related to the background of you and your family.

  • Prepare and file the I-526 Petition, with “source of funds” explanation and supporting documents, with USCIS.

  • Visa application to the National Visa Center and prepare you for interview at the appropriate U.S. Consulate.

  • Advise you on U.S. immigration matters during your two-year conditional resident period.

  • Prepare and file I-829 Petition to remove conditional status at approximately the 21st month after you obtain conditional resident status

  • No day-to-day management requirement

  • No business or management experience requirement

  • No minimum education, language, age or business background requirement

  • Ability to live, work, study or retire anywhere in the U.S.

  • Children admitted to public universities at same tuition as U.S. residents/citizens

  • Ability to sponsor relatives for permanent residence

  • Can qualify for U.S. citizenship after five years as a permanent resident

Benefits of EB-5 Investing And Immigration

EB-5 Overview

Section 203(b)(5) of the Immigration and Nationality Act (INA), allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident status on the basis of their capital investment in a commercial enterprise to stimulate the growth of U.S. economy.

To qualify, the investor make an investment of either US$800,000 or US$1,050,000 into a new business that creates 10 full-time jobs for qualifying U.S. workers and the investor must be involve in the management of the business.

For the management condition, being a limited partner in a partnership or a member of a limited liability company will usually qualify the investor as being involved in the management.

The most important factor in qualifying for the EB-5 visa is that the investor must be able to demonstrate that the capital he or she uses for the investment was obtained lawfully. Proving the “source of funds” (SOF) is the most challenging aspect of the EB-5 visa.

E-2

program

Key Requirements

  • Person must have nationality of the treaty country

  • Legal source and path of funds (not as stringent as EB-5)

  • Actively in the process of investing

  • Applicant or a person from the treaty country must own at least 50% of the business

  • Applicant must have the ability to direct and develop the business

  • Show intent to depart the U.S. after the stay in the U.S. ends

  • Varies depending on business and location, but an applicant should have a target investment of around US$250,000

  • Must demonstrate possession and control of the capital assets, including funds invested

  • As long as all requirements continue to be met, the E visa applicant can apply for extensions indefinitely

  • You can still apply for an immigrant visa after securing an E visa.

  • No Visa Quota: There is currently no limit on the number of E visas issued

  • Visa for Spouse and Children: Your spouse and your children (under 21) can live, work and study in the U.S.

  • E visas preparation and processing can take as little at 1-2 months allowing you and your family to quickly relocate to the U.S.

Benefits of E Visa

E-2 Overview

The E-1/E-2 visa provides nonimmigrant visa status for a national of a country with which the United States maintains a treaty of commerce and navigation. The applicant must be coming to the United States to carry out substantial trade (E-1), or be in the process of investing a substantial amount of capital (E-2). An E visa application can be made directly at the U.S. Consulate where the applicant lives.

L-1

program

L-1A Visa Application General Requirements

  • Over the past three years, has worked as an executive or manager at a foreign company for at least one year
    U.S. business that has a “qualifying” relationship with a foreign company

  • Position with the U.S. business is for an executive or manager

  • The U.S. business must demonstrate that the successful business will support the position of the executive or manager within one year of the approval of the L-1A petition

  • No Visa Quota: There is currently no limit on the number of L-1A visas that can be issued

  • Visa for Spouse and Children: Your spouse and your children can also live, work and study in the U.S. through family dependent L-2 visa

  • Quickly move to the U.S.: L-1A and L-2 visas can be obtained in as little as 2 months allowing you and your family to quickly relocate to the U.S.
    You may qualify apply for an immigrant visa after securing an L-1A visa.

Benefits Of L-1A Visa

L-1 Overview

The L-1A Intra-Company Transfer Visa is a non-immigrant visa for managers / executives of international companies with operations in the U.S. and abroad. Once granted, you and your family can live in the U.S. for up to seven years (with extensions).

Keeping accounts

Documents Needed

When applying for an EB-5 Visa, there are several forms that need to be filed with the USCIS in order to achieve permanent residency status. This page will help you to better understand the EB-5 process and the various milestones along the way to achieving permanent US residency.

FORM I-526E, IMMIGRANT PETITION BY REGIONAL CENTER INVESTOR

After selecting an EB-5 project and wiring the investment funds to an escrow account, the EB-5 applicant is eligible to submit the I-526E petition for conditional residency to the USCIS. The information submitted within an I-526E application includes Investment, Personal, and Financial Documentation.

01

INVESTMENT DOCUMENTATION*

  1. Evidence that investor has invested $800,000 or $1,050,000 (depending on the location) in a USCIS-designated Regional Center project. (subscription documents, I-956F receipt, confirmation of funds memo, and more).

  2. Evidence, if applicable, that the project has been established in a Targeted Employment Area.

02

PERSONAL DOCUMENTATION

  1. Copy of personal passport (current & expired) and Form I-94

  2. Copy of family member passports (all pages)

  3. Copy of any previous immigration applications

  4. Certified copies of any judgment, pending governmental civil or criminal actions, or private civil actions against the petitioner from any court in or outside the U.S. within the past 15 years.

03

FINANCIAL DOCUMENTATION**

  1. Proof of business/asset ownership

  2. Copy of any and all business/professional licenses

  3. Last 5 years of tax returns (business/personal)

  4. Last 5 years of bank statements (business/personal)

  5. Evidence regarding ownership for other sources of capital used for the investment

  6. Financial statements for each business

  7. Evidence that the investment funds were obtained through lawful means

Translations

Any documents containing a foreign language submitted to USCIS must be accompanied by a full English language translation certified as complete and accurate by the translator, and by the translator’s certification that he or she is competent to translate from the foreign language to English.

Copies

Unless an original document is specifically required to be filed with an application or petition, a legible photocopy may be submitted. Original documents submitted will remain a part of the record, even if the submission was not required.

FORM I-829, PETITION TO REMOVE CONDITIONS*

Three months before your conditional residency is set to expire, your immigration attorney will submit the I-829 petition to remove conditions on your green card. By providing the supporting documentation listed below, the USCIS will have cause to approve your petition and remove the conditions on your green card, thereby issuing a permanent green card.

  1. Evidence that the real estate project or commercial enterprise was legally established

  2. Evidence of Annual Federal Tax Return (K-1 form)

  3. Evidence that the EB-5 investment funds were used in the project.

  4. Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional residency.

  5. Evidence of at least 10 full-time jobs created that have been allocated to the EB-5 investor

*Documents will be provided by Houston EB5 to the attorney

Note: Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period. If your I-829 petition to remove conditions is approved, then the conditions will be removed from your spouse and children’s Green Card status as well.

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