Organizing Direct EB-5 Investment

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Lei Jiang Law Firm has helped many small businesses receive foreign investment funds. We are also dedicated to helping would-be immigrants find qualified businesses in which to invest for EB-5 visa purposes. Normally the reason that foreigners invest in a particular business is because they know the business, or know the owner/management team of the business. Regardless, a large amount of work needs to be done on behalf of the investor as well as the small business (receiving the fund) in order to secure investors’ success on green card application.

We have helped the following types of small businesses in direct EB5 investment,

  • Restaurants
  • Real estate projects
  • An urban agriculture project
  • Medical equipment business
  • A troubled machinery manufacturer

The Direct investment path has three basic requirements: (1) investment in a “new commercial enterprise” (2) of at least $1,000,000 (or $500,000 in certain cases, where the area is in a TEA) (3) that results in the creation of at least 10 new full-time jobs. Additionally, the investor is required to take an active enough role in the business that he has at least a policy-making position.

Process

  1. Find foreign investors for your business,
  2. Hire an immigration attorney for the purpose of immigration petitions on behalf of the investors,
  3. Hire other professionals for the purpose of preparing business documents for USCIS,
  4. Immigration attorney files I-526, Petition by Alien Entrepreneur,
  5. Upon approval of the Form I-526 petition, either:
    • File a Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS to adjust status to conditional permanent resident within the United States, or
    • File a DS-260, Application for Immigrant Visa, with the Department of State to obtain an EB-5 visa for admission to the United States.

    The EB-5 investor (and his or her derivative family members) is granted conditional permanent residence for a two-year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.

  6. File Form I-829 by immigration attorney, Petition by Entrepreneur to Remove Conditions, 90 days prior to the two-year anniversary of the granting of the EB-5 investor’s conditional resident status (Green Card). If USCIS approves this petition, the conditions are removed from the EB-5 applicant’s status and the EB-5 investor and derivative family members will be allowed to permanently live and work in the United States.

Please contact us for a list of required initial documents or a price package for EB-5 Direct Investment.

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