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Investment Green Card Lawyer In New York

The EB-5 Investment Green Card


The immigrant investment green card establishes permanent residency with the EB-5 investor program. Foreigners making an investment in a United States business can establish permanent residency leading to citizenship in the United States. This includes the individuals spouse, and any children less than 21 years of age. The USCIS or United States Citizenship and Immigration Services operate the EB-5 program. The United States Congress established the program in 1990 to help increase investments in the United States economy.


The Investment Green Card Requirements


An at-risk capital must be made by the foreign investor with a capital investment in a United States for-profit business to meet the investor requirements of the EB-5 investment green card visas. Depending on the project, the investment must be $500,000 or $1 million. The investment for a TEA, or targeted employment area is $500,000, and any other investments require a minimum of $1 million. The EB-5 investments must result in creating ten fulltime jobs in the United States for a minimum of two years. This process is extremely complicated, and the services of an immigration attorney are highly recommended.


The Investment Green Card Numbers


A total of 10,000 investment green card EB-5 visas are reserved by the USCIS every fiscal year, and this number has never been reached. In 2011, the number of program participants interested in an investment green card drastically increased, and over 3,000 investors applied for the program. During the 2011 fiscal year, approximately 3,500 EB-5 investment green card visas were granted. This was an increase of eighty percent from 2010. His growth was attributed to an increase in confidence levels due to the efficiency of the application process, the transparency of the USCIS, and an increase in the number of United States regional centers. The total number of EB-5 applicants between the fiscal years of 2005 through 2012 were 12,410, with the least number of applicants at 332 in 2005. These figures were based on the data of receipts for I-526 by the USCIS.


The EB-5 Investment Green Card Regional Centers


There are two main options for investment for an individual interested in an investment green card. The first is to invest directly through the regional center. The second is an investment project located by the investor, and the individual must have a direct role in management in completion of the project. For individuals interested in more control of their investment, direct investments are best. Both options are effective, but the complicated nature of the investment green card requirements do require legal assistance. Those individuals with more interest in the EB-5 immigration goals as opposed to obtaining the highest return for their investment are better off investing in the Regional Center. The USCIS provide the designation to the regional centers for the EB-5 investment projects. Approximately ninety percent of all investments made by EB-5 applicants are made through a regional center.


Requirements for Job Creation


The Regional Centers handle the requirements for job creation. USCIS requires a minimum of ten full-time jobs to be created by the EB-5 investment for qualified United States workers. The creation and preservation of all these jobs must happen within two years of the entrance into the United States, and conditional permanent residency of the investor. The definition of an EB-5 project job is indirect, direct, or induced. In the context of a direct investment, the applicant for the investment green card must prove their capital resulted in the creation of direct jobs. The employees must work directly with the business for which the EB-5 investment was made. In the context of the regional center, indirect, direct and induced jobs can be counted by the individual towards the requirement for job creation.


The Application Process Review for An Investment Green Card


There are three basic steps an EB-5 visa applicant must follow to obtain permanent residency in the United States. There must be ten fulltime, direct jobs created by the individual business per direct investment by the applicant. Or, in a regional center designated by the USCIS there must be ten indirect, direct, or indirect jobs created by the investor. The I-526 must be approved before the individual can apply for permanent residency with a DS-260, or Application for Adjustment of Status, or an Application for Immigrant Visa. This petition confers the investment green card to the investor, and all eligible dependents. These forms and supporting evidence are extremely complicated, must be filled out accurately, and the assistance of an immigration attorney is recommended. The I-829 application must be submitted at the end of the two-year period to prove all requirements have been met for the EB-5 visa. If you are seeking an immigration attorney to discuss the process of EB-5, please feel free to contact Law Offices of Andrew P. Johnson to set up a free consultation by phone (212-693-3355) or email at info@lawapj.com.

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