This document provides information about the EB-5 immigrant investor visa program from the Fakhoury Law Group. It outlines the criteria for the EB-5 visa, including investing $1 million ($500,000 in targeted areas) in a new commercial enterprise that creates 10 full-time jobs. It also discusses regional centers, noting there are approximately 400 approved centers promoting economic growth. The document concludes by listing 8 regional centers currently operating in Michigan.

1. FAKHOURY LAW GROUP
EB-5 Immigrant
Investor Visa
December 18, 2013
© 2013, Fakhoury Law Group, PC

2. Disclaimer
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This language provides a legal disclaimer that all information contained in
Fakhoury Law Groups presentation is confidential and should be treated by
the reader/listener as confidential. This presentation is not intended to provide,
nor does it provide, any legal advice. By viewing this presentation you
understand and expressly agree that there is NO ATTORNEY-CLIENT
RELATIONSHIP BETWEEN YOU AND THE ATTORNEY WHO
AUTHORED THE PRESENTATION. Should you need legal advice, please
contact a licensed attorney who practices Immigration Law. Readers of this
presentation and the information contained herein should not act upon any
information contained on this presentation without seeking legal counsel.
The purpose of this presentation is to provide general information about
Investor Visas in the USA.
© 2013, Fakhoury Law Group, PC

3. About Us
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© 2013, Fakhoury Law Group, PC

4. Introduction
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The EB-5 (Immigrant Investor Program) was created
back in 1990 in order to have foreign investors
stimulate the U.S. economy through job creation and
capital investment. Under this program, if the foreign
national investor invests $1,000,000.00 ($500,000 if
certain conditions are met) in a new commercial
enterprise after November 29, 1990, the foreign
national investor may receive a U.S. green card.
© 2013, Fakhoury Law Group, PC

5. EB-5 Criteria
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•
Investment must be a new commercial enterprise: Foreign
national investor does not have to establish the commercial
enterprise, only has to invest in it. The enterprise must be a
for-profit activity.
•
Investment requirement is $1,000,000.00 or $500,000.00 if
the capital is for a new commercial enterprise in a Targeted
Employment Area: A TEA is a rural area with a population
less than 20,000, or an area with unemployment of at least
150% of the national average.
© 2013, Fakhoury Law Group, PC

6. EB-5 Criteria Continues…
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• The Investment must be “At Risk”: The investment amount
must have potential to be lost if the business is not successful.
• Employment Creation: The investment must create full-time
employment for at least 10 U.S. workers within a 2-year
period of the investment.
© 2013, Fakhoury Law Group, PC

7. EB-5 Criteria Continues…
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• Entity seeking Regional Center designation must submit a
proposal demonstrating economic growth promotion: This is
not a requirement but may reduce scrutiny when reviewing
the investor’s green card application. A regional center is an
economic entity, public or private which is involved with
promoting economic growth
• The Foreign National may invest with other investors:
However, if there are multiple investors, each investor who
wishes to apply for a green card through the EB-5 category
must meet the requirements.
© 2013, Fakhoury Law Group, PC

8. EB-5 Criteria Continues…
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• Application Procedure: The investor files a Form I-526, then
may apply for an immigrant visa. If the investor is already in
the U.S. in valid nonimmigrant status, the foreign national
may adjust their status in the United States. The initial green
card is issued for a 2 year conditional period. To remove the
conditional status, the investor needs to file a Form I-829 with
appropriate documents.
© 2014, Fakhoury Law Group, PC

9. EB-5 Criteria Continues…
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• Documentation evidencing the investment, new commercial
enterprise, job creation, and other requirements must be filed
with the Form I-526.
• Spouses and Children under 21-years-old may receive a green
card with the foreign national investor.
© 2013, Fakhoury Law Group, PC

10. EB-5 Regional Center Statistics
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• As of November 1, 2013, USCIS has approved approximately
400 Regional Centers.
• According to the USCIS “a regional center is not merely a
defined geographic area but rather is a business entity that
coordinates foreign investment within that area in compliance
with the EB-5 statutory, regulatory and precedent decision
framework.”
• Regional centers do not hold sole jurisdictions over their
geographic region
© 2013, Fakhoury Law Group, PC

11. EB-5 Regional Center Statistics Continues…
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A Regional Center must:
• Focus on a contiguous geographical region of the United
States;
• Promote economic growth through:
• Increased export sales (if any)
• Improved regional productivity
• Job creation, and
• Increased domestic capital investment
• Demonstrate in verifiable detail how jobs will be created,
either indirectly or directly.
• Commit sufficient funds to promote and oversee capital
investment opportunities in the Regional Center.
© 2013, Fakhoury Law Group, PC

12. EB-5 Regional Center Statistics Continues…
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•
Regional Centers in State of Michigan:
• Detroit Immigrant Investor Regional Center
• EB-5, MRC LLC
• Green Detroit Regional Center, LLC
• International Michigan Investments Regional Center
• Lansing Economic Development Corporation (LEDC)
Regional Center
• Michigan-Indiana EB-5 Regional Center
• Michigan Renaissance Regional Center
• Resource Regional Center Michigan, LLC
• Tucker Development Corporation Regional Center
© 2013, Fakhoury Law Group, PC

13. THANK YOU!
3290 West Big Beaver Road, Suite 510, Troy, MI 48084
Phone: 248-643-4900 Fax: 248-643-4907
Rami@employmentimmigration.com
www.employmentimmigration.com
www.investorvisas.net
© 2014, Fakhoury Law Group, PC