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INTRODUCTION TO AN AN EB-5 APPLICATION Guide to an EB-5 Visa Immigration Attorney Raj Iyer

Guide to an EB-5 Visa

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Page 1: Guide to an EB-5 Visa

I N T R O D U C T I O N T O A N

A N E B - 5 A P P L I C A T I O N

Guide to an EB-5 Visa

Immigration Attorney Raj Iyer

Page 2: Guide to an EB-5 Visa

Who May seek Green Card through EB-5 Route?

Foreign Investors Who Have:

Invested in a New Commercial Enterprise

Invested in a Regional Center

Will Benefit the U.S. Economy and Create Jobs through Their Investment

Page 3: Guide to an EB-5 Visa

Benefits of EB-5 Investment

Obtain Legal Permanent Residency (aka Green Card)

Spouse and Unmarried Children Also Eligible

Work Anywhere in U.S.

10,000 Investor Visas Available Annually

Page 4: Guide to an EB-5 Visa

Investment

To Obtain a Green Card through EB-5 Investment, Foreign Investor Should Invest

- US $ One Million ($1,000, 000) or

- US $ Five Hundred Thousand ($ 500,000) in a Targeted Employment Area , or in a Rural Area

- Create 10 Jobs for US Citizens, Green Card Holders or Other Immigrants Authorized to Work in the US

Page 5: Guide to an EB-5 Visa

Requirements for an EB-5 Investment

Start a New Company

Invest in a Commercial eEnterprise Established after Nov 29, 1990 or

Invest in a Company Established before Nov 29, 1990 in Such a Way That : It Can be Reorganized and Restructured to a New Commercial

Enterprise, or

Can Create 40% Increase in Net Worth or Number of Employees

Invest in a Regional Center

Page 6: Guide to an EB-5 Visa

Requirements to Apply

Eligible Individuals Must Prove:

Investment of the Requisite Capital Amount

Proof That the Investment Comes from a Lawful Source of Funds

Creation of the Requisite Number of Jobs

Page 7: Guide to an EB-5 Visa

Source of Funds

Eligible Sources of Funds Include:

Any Legal Foreign or US Source –Gifts, Loans, Divorce Settlements

Borrowed Investment Funds

Page 8: Guide to an EB-5 Visa

Job Creation Requirements

The New Commercial Enterprise Must Benefit the US Economy by:

Creating at Least 10 Jobs for US Workers

Maintaining the Number of Employees for at Least 4 to 5 Years

Page 9: Guide to an EB-5 Visa

How to Apply

To Obtain Status as a Conditional Resident:

File Immigration Form I-485, Application to Register Permanent Residence or Adjust Status

Apply for an Immigrant Visa Abroad

To Seek Status as an Immigrant Investor:

File USCIS Form I-526, Immigrant Petition by Alien Entrepreneur

Page 10: Guide to an EB-5 Visa

Removal of 2 Year Condition

Eligible Investors Must:

File Form I-829 before the 2 Year Investment Anniversary

Prove Fulfillment of All EB-5 Requirements