Eb5 visa

EB5 VISA
POWERPOINT PRESENTATION

GLOSSARY

 EB-5 VISA’S DEFINITION

 BENEFITS OF THE EB5 VISA

 TWO INVESTMENT OPTIONS TO OBTAIN A
GREEN CARD

 EB-5 PROCEDURES
◦ Regional Center registration process
◦ Application Process
◦ Adjustment of Status or Consular processing
◦ Removal of conditions
◦ Filling fees

 INFORMATIONS

 IT’S AS AN EMPLOYMENT-BASED
IMMIGRANT VISA.

• IT IS AN IMMIGRANT VISA ISSUED FOR
HAVING MADE AN INVESTMENT IN THE
UNITED STATES THAT CREATES JOBS FOR
OTHERS.

• IT IS OFTEN REFERRED TO AS THE
EMPLOYMENT CREATION CATEGORY.

 THE EB-5 GREEN CARD IS A
CONDITIONAL VISA FOR THE FIRST 2
YEARS.
AFTER 2 YEARS YOU MUST APPLY TO HAVE
THE CONDITIONS REMOVED.

 THERE ARE NO RESTRICTIONS ON
TRAVEL WHILE HOLDING THE GREEN
CARD.
HOWEVER, ONE MUST ALWAYS MAINTAIN
RESIDENCY/DOMICILE IN THE USA.

 OBTAIN PERMANENT RESIDENCY IN THE
USA.

 RECEIVE PRIORITY PROCESSING BEFORE
OTHER IMMIGRATION CATEGORIES.

 HAVE THE RIGHT TO LIVE, WORK AND/OR
RETIRE IN THE USA.

 CHILDREN BENEFIT FROM RESIDENTIAL
TUITION FEES WHICH CAN BE AS LOW AS
$5,000 FOR UNIVERSITY.

 WITHIN 5 YEARS OBTAIN ELIGIBILITY TO
APPLY FOR US CITIZENSHIP AND THE
AMERICAN PASSPORT.

CATEGORY REGIONAL CENTER STAND-ALONE EB-5
PROGRAM
TEA 1 Non TEA
Number of visas allotted 3,000 10,000
per year
Minimum capital $500,000 $500,000 $1,000.000
investment
Funds must be obtained Yes Yes
from legal sources
Capital must be invested Yes (Safe escrow Yes
prior to filing Form I-526
account)
Employment creation
requirement includes direct
Yes No (direct jobs only)
and indirect jobs
Direct responsibility for Investor is not directly Investor is directly
job creation responsible for requisite responsible for creating
job creation the requisite 10 new
jobs
Direct responsibility for No Yes
USCIS reporting
Business owner? No (General Partner for Yes
the LLC)

PROGRAM
TEA 1 Non TEA
Direct management of Do not require direct Require a high level of
business on a daily basis management by the involvement and daily
investor on a daily basis management
Control concerning Investors hold only Investors hold a strong
resulting business limited control and level of control over the
responsibilities in the resulting business and
resulting business its functions
Approval of a Project by Generally pre-approved Determination made
USCIS after the review of the
economic feasibility
report
Returns on the Fixed/Lower Flexible/Higher
investment
Safety of the Investment Yes (full amount of No guarantees
in case of I-526 denial $500,000 returned to
the investor)
Mandatory permanent No Yes
residence in a state of
business investment

PROGRAM
TEA 1 Non TEA
Professional assistance Yes (by the qualified Yes (You have to hire
with immigration process team of the Regional your own consultants)
Center)

Cost One-time fee covers all Evolving costs at various
expenses over next 5 stages
years
I-526 Petition review by 2-3 months 8-12 months
USCIS (in most cases)

Immediate family Yes Yes
members qualify for the
same status
Permanent Residence Yes Yes
Status after the removal
of conditions
Opportunity to become a Yes Yes
U.S. citizen

1. SELECT YOUR REGIONAL CENTER.

2. SUBMISSION OF CONFIDENTIALITY
DOCUMENTATION.

3. SUBMISSION OF VALID TRAVEL
DOCUMENTS.

4. PRESENTATION OF INVESTMENT
PROPOSAL.

5. SUBSCIPTION AGREEMENT AND
INVESTMENT.

6. PREPARING AND SUBMITTING THE I-526
PETITION.

7. USCIS’S PROCESSING OF THE I-526
PETITION.

1. FILE A FORM I-526, PETITION BY ALIEN
ENTREPRENEUR.

2. UPON APPROVAL OF THE FORM I-526
PETITION EITHER:

 FILE A FORM I-485, APPLICATION TO
REGISTER PERMANENT RESIDENCE OR
ADJUST STATUS.

 OR, FILE A DS-230, APPLICATION FOR
IMMIGRANT VISA AND ALIEN REGISTRATION.

THE EB-5 INVESTOR IS GRANTED
CONDITIONAL PERMANENT RESIDENCE
FOR A TWO-YEAR (2) PERIOD:

 UPON THE APPROVAL OF THE I-485
APPLICATION;

OR

 UPONENTRY INTO THE UNITED STATES
WITH AN EB-5 IMMIGRANT VISA.

FILE FORM I-829, PETITION BY

ENTREPRENEUR TO REMOVE CONDITIONS,

90 DAYS PRIOR TO THE TWO-YEAR (2)

ANNIVERSARY OF THE GRANTING OF THE

EB-5 INVESTOR’S CONDITIONAL RESIDENT

STATUS.

ADJUSTMENT OF STATUS IF:

 THE INVESTOR IS ALREADY INSIDE THE
UNITED STATES.

2 CONSULAR PROCESSING IF:

 THE INVESTOR IS NOT ALREADY IN THE
UNITED STATES;
OR

 THE INVESTOR IS IN THE UNITED STATES
ONLY THROUGH THE VISA WAIVER
PROGRAM;

OR

 THE TEMPORY VISA OF INVESTOR IS LIKELY
TO EXPIRE BEFORE HIS I-526 PETITION IS
DECIDED.

FORM I-829, PETITION BY ENTREPRENEUR
TO REMOVE CONDITIONS.

THE PETITION MADE BY
ENTREPRENEUR TO REMOVE CONDITIONS
IF THE POSITIONS CAN BE EXPECTED TO
LAST AT LEAST 2 YEARS.

DOCUMENTS MUST BE SUBMITTED:

1. A COPY OF THE PERMANENT RESIDENT
CARD.

2. EVIDENCE TO SHOW THAT INVESTOR
HAS MAINTAINED YOUR EB-5
INVESTMENT.

3. EVIDENCE OF JOB CREATION AS THE
RESULT OF THE INVESTMENT.

4. BIOMETRIC SERVICES (photograph,
fingerprint and signature).

 I-924, APPLICATION FOR REGIONAL
CENTER UNDER THE IMMIGRANT
INVESTOR PILOT PROGRAM:

$6,230.

 I-526, IMMIGRANT PETITION BY ALIEN
ENTREPRENEUR:

$1,500.

 I-485, APPLICATION TO REGISTER
PERMANENT RESIDENCE OR ADJUST
STATUS:

$1070 ($985 + $85 biometric fee)

 I-829, PETITION BY ENTREPRENEUR TO
REMOVE CONDITIONS:

$3,835 ($3,750 + $85 biometric fee)

ADDITIONAL FEES FOR
REGIONAL CENTERS WHICH IS
DIFFERENT ACCORDING TO DIFFERENT
REGIONAL CENTER IF THE IMMIGRANT
INVESTOR PILOT PROGRAM IS SELECTED.

INFORMATIONS

1 TEA: a rural area with a population less
than 20,000 or a high-unemployment area.

2 Consular processing means the investor
will need to apply to obtain the immigrant
visa through a US consulate in his home
country.

Brownstein, Brownstein & Associates.

Canadian Head Office: Montreal

6000 Cote-Des-Neiges Suite 590
Montreal, Quebec, Canada H3S 1Z8
T: (514) 939-9559
F: (514) 939-2289
Email: contact@brownsteinlaw.com

Eb5 visa

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