Investor Visa

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Investor Visa

EB-5 – Investment Green Card

The self-petition for residence through the EB-5 Immigrant Investor Program is a highly coveted and complex immigration process. Every decision in the EB-5 process carries high stakes; making a wrong choice can have dire consequences both in terms of immigration and finances. Investors rely on our legal and strategic counsel to understand and evaluate their EB-5 options within the context of their US immigration goals and the associated financial risks and rewards.

Immigration General Counsel (“IGC”) Co-Founder Belma Demirovic Chinchoy (bio) has successfully guided hundreds of foreign investors to US Lawful Permanent Residence through the EB-5 Immigrant Investor Program. Choosing the optimal solution for you and your family can be daunting—we're here to simplify that process and guide you in successfully utilizing the EB-5 programs. Download our Investment Visas Guide here.

EB-5 Overview

Congress created the employment-based fifth preference (EB-5) immigrant visa category in 1990 for foreign nationals who invest in US companies that benefit the US economy by creating or preserving at least 10 full-time jobs. The current required investment amount is $1,050,000, but that amount is reduced to $800,000 if the investment is made in a high unemployment area, rural area or in a government-sponsored infrastructure project.

From an investor and permanent residence/green card perspective, the EB-5 program is a 2- to 3-step process which can take at least five (5) years to complete. In addition to the initial EB-5 petition (Form I-526/I-526E), investors must apply for an immigrant visa or apply for adjustment of status in the US. As EB-5 residence is conditional for two (2) years, the investor must file a petition to remove conditions on permanent residence prior to the expiration of their conditional residence. At the time of filing the petition to remove conditions on residence (Form I-829), the investor must prove to USCIS that they have maintained the investment for the requisite amount of time and that the investment resulted in the creation or preservation of at least 10 full-time jobs. If these conditions are met, conditions on the investor’s residence will be lifted and the investor becomes a permanent resident. Investor’s spouse and children under the age of 21 receive the same immigration benefits as the principal investor.

There are two types of EB-5 projects: direct and regional center-sponsored.

EB-5 Through Direct Investment

Our EB-5 direct investment practice is a robust one offering clients a one-stop shop for the preparation and filing of the investor I-526 petition. As with everything we do, we focus on our expertise and bring in outside experts to provide services in their areas. For direct EB-5 clients, this means that IGC guides them through the setup of an EB-5 compliant business, prepares a source and path of funds report pertaining to the EB-5 investment capital, and submits the petition to USCIS. To set up an EB-5 compliant business, we guide our clients in engaging the required third-party professionals and coordinate the work of the parties involved. Each I-526 petition is prepared with an eye toward an approval at each stage of the EB-5 process; The I-526 petition, Immigrant Visa or I-485 Adjustment of Status petition, and I-829 Removal of Conditions petition. We remain a close partner with our clients’ business during the conditional permanent residence period. Our EB-5 compliance monitoring ensures a successful I-829 petition preparation and adjudication and each client’s smooth transition to permanent residence.

A common misconception regarding Direct EB-5 investments is that they do not qualify for the reduced investment amount of $800,000. For Direct EB-5 projects, like RC projects, the required investment amount depends on the geographic location or nature of the business (i.e., rural, high unemployment area, or infrastructure).

EB-5 Through a Regional Center (“RC”) Investment

We advise and represent foreign investors who choose to pursue EB-5 residence through an investment in an EB-5 regional center project. IGC is committed to being independent and investor-focused and we do not enter into exclusive or financial agreements with regional centers. We provide immigration counsel to foreign investors who wish to obtain their EB-5 permanent residence visa by investing in a regional center project and deliver comprehensive immigration due diligence for each regional center project our client considers. So far, our EB-5 clients who obtained permanent residence through a Regional Center EB-5 investment have either received or are set to receive their capital return.

Comparison of RC vs. Direct EB-5 requirements:

Job Creation: Direct vs. Indirect
  • Direct EB-5: Direct Job Creation only. No less than 10 new positions must be created by the company that received the EB-5 investment; the positions must be W-2 employment positions, permanent, and full-time (35+ hour per week). Positions must be filled by US Citizens, LPRs, or individuals granted asylum or Withholding of Removal.
  • RC EB-5: Direct, Indirect, Induced positions are allowed. Job creation can be based on expenditure, revenues, and combination thereof as well as direct job creation. An EB-5 economic impacts report is required to demonstrate job creation.
Investment Structure
  • Direct EB-5: Equity model only. An investor directly or indirectly owns the Job Creating Entity
  • RC EB-5: Equity or Loan model.
Number of EB-5 Investors
  • Direct EB-5: One EB-5 investor per project/business.
  • RC EB-5: Pooled investments from 2 or more investors are allowed.