EB-5

Overview of EB-5

With an eligible investment of US$500,000, you and your family can immigrate to the U.S. by obtaining EB-5 visas (Employment-Based Fifth Preference, Alien Entrepreneur immigrant visa). We describe the multi-stage process below – but just imagine, in under 3 years you and your family can be living, working, and studying in the U.S. as Lawful Permanent Residents.

The process starts with an initial consultation with us to understand your needs and general EB-5 eligibility. You will meet with our U.S.-licensed attorneys as well as our certified immigration specialists. Combined, we have many decades of experience with EB-5 and U.S. immigration and have successfully assisted hundreds of individuals in obtaining their “green cards” via EB-5.

Once you have decided to proceed with EB-5, we will then guide you through EB-5 project selection and also through EB-5 legal processing.  In short, we can handle all of your EB-5 professional services in-house and our team will be your team, working with you directly throughout the entire investment and immigration process.

Project Selection, Source of Funds, and I-526 Petition Filing

After initial consultation is completed, we can introduce investment opportunities to you. EB-5 investments usually involve real estate construction projects. For example, the construction of an office building or hotel in places like California, Texas, or New York. The investment must satisfy many requirements, including that it lead to the creation of 10 jobs.

We have a range of offerings for investments across the U.S., typically from experienced EB-5 managers.  We have a deep understanding of the EB-5 market and meet with project representatives regularly to keep updated on current offerings. Of course, if you have an EB-5 investment you already know about, please feel free to discuss it with us. We are here to provide you with project consultation so that you can make an informed decision on your final investment choice.

After a project has be selected, legal processing begins, which requires the expertise of our U.S.-licensed attorneys who have been with you from the beginning. We assist you with “source of funds” document collection so that there is evidence that the EB-5 funds have been lawfully obtained. After you execute the investment, we prepare a petition (I-526 Petition) with comprehensive supporting documents and file it with USCIS.  USCIS may take up to 2 years to review and approve your petition, but in some cases approval can be come in under 1 year.

Visa Processing and “Removal of Conditions”

After approval of your I-526 Petition, we then will work with you to handle visa processing through the U.S. Department of State and the American Institute in Taiwan (a different process is required if you are living in the U.S. at the time).  This takes approximately 2-3 months and ends with an interview at AIT and the receipt of EB-5 visas for you, your spouse, and your children under 21.

Once you and your family enter the U.S., you will begin a 2-year period of conditional residency and then shortly after that receive your Lawful Permanent Resident cards. Near the end of the 2-year period, we will assist you in the filing of a second petition (I-829) for “removal of conditions”.  This petition is filed with USCIS and includes comprehensive information on project and investment status and also on job creation. Once this petition for removal of conditions is approved (usually in about 2 years), the EB-5 immigration process has effectively been completed.

Summary of Our EB-5 Services

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.

Basic EB-5 Requirements

  • Minimum investment amount of US$500,000 (or, less commonly, US$1,000,000 if not made in a “Targeted Employment Area”).
  • Create 10 full-time jobs for U.S. workers.
  • EB-5 investment funds must be lawfully obtained.

EB-5 Benefits

  • No day-to-day management requirement.
  • No business or management experience requirement.
  • No minimum education, language, age or business background requirement.
  • No excessive waiting periods or quota backlogs for Taiwan investors.
  • 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.

Please contact us for more information.