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The EB5 Visa Program

The Fastest Way to U.S. Residence

The U.S. EB5 Visa is quickly gaining the attention of elite businessmen around the world. Not only is it the quickest and easiest way for a global investor to gain a U.S. passport (or Green Card), it also opens up an array of new opportunities to foreigners seeking unlimited travel, educational experiences, and investment opportunities.

What is the EB5 Visa Program?

The U.S. Government established the EB5 Visa program to exchange foreign investment dollars for fast-tracked visas. Each year the U.S. Government sets aside 10,000 visas for foreigners willing to make a qualified investment in the U.S. economy; due to the number of visas available, there is currently no waiting line.

To acquire an EB5 Visa, a foreigner must invest a qualifying amount (either $1,000,000 USD or $500,000 USD, explained below) in a U.S. business that creates at least 10 new jobs.

Who Should Consider an EB5 Visa

  • Anyone already making significant investments in the U.S.
  • Entrepreneurs
  • Parents who seek expanded education and work opportunities for their children
  • F-1 students
  • Retirees
  • Traditional L-1 applicants (for Chinese applicants)
  • Anyone subject to quota limits or time requirements under other visa programs

Benefits of the EB5 Visa Program

The EB5 Visa program offers several benefits. First, the EB5 Visa offers the quickest path to lawful permanent residence or citizenship for many potential applicants. Naturalization opens additional investment opportunities, removes travel restrictions, and enables new citizens to request visas for other family members.

Traditional U.S. visas are restrictive in nature, often providing a narrow scope of benefits to the foreigner. A common example is a student traveling to the U.S. for college; return trips to the home country, internship opportunities, and post-graduation work are all limited. A student whose parents gain passports under an EB5 Visa, however, is free to travel home at will, find valuable internship opportunities, and secure lucrative post-graduation work experience.

Investment Requirements

Traditional Investments. The requirements for the regular EB5 Visa program are straightforward. The investor must invest $1,000,000 in a new enterprise that creates at least 10 full-time jobs for U.S. workers. The investment corpus may consist of cash, equipment, property, or other tangible assets. A reduced investment requirement is available in targeted areas of high unemployment.

Regional Centers. Regional centers are organizations seeking to infuse foreign investment into certain localities. These centers are designated as such by the U.S. government.

Regional centers attempt to make a return on the investor's capital while improving the employment and economic conditions of the locality. Because of this benefit, regional centers require a lower investment--$500,000. Moreover, regional centers allow a hands-off approach to investment, as most regional centers assist in tracking all information required to demonstrate to the US government that all EB5 Visa requirements are met.

There are many regional centers located throughout the U.S. investing in myriad industries.

Timelines

There are a lot of variables when it comes to how long it takes to receive an EB5 visa. Generally, we assist the investor in identifying the appropriate investment vehicle, including traveling with the investor to business locations. Once the right investment is identified, we start the paperwork process. Once the proper petition is filed, it generally takes about six months for the adjudication process. Applications for the EB5 Visa Green Card typically take about six months.

Each step in the EB5 Visa process must be approached with care and diligence. Investors vary in terms of investing experience, interests, and knowledge level of their investment's industry. Moreover, much of the wait happens while the application is in the hands of government officials. Accordingly, there is no way to accurately predict the exact time the entire EB5 Visa process may take.

Why Choose McGregor & Oblad

McGregor & Oblad, PLLC has helped immigrants from around the world meet their immigration goals. While the EB5 Visa is highly attractive to foreigners, it requires significant resources. Foreigners, therefore, not only want to work with attorneys that understand the EB5 Visa program, but they also need to work with attorneys that understand investing, investment laws, corporate law, and most importantly, attorneys that understand business.

Our office not only helps clients seeking EB5 Visas, but also has attorneys trained in American and international corporate law who have assisted in business transactions in numerous industries with some of the largest U.S. companies. As a result, we feel we can offer a level of experience that serves our clients well.