Employment-based fifth preference, also known as EB-5, was created by the Immigration Act of 1990. This type of immigration is for investors. Every year, immigrants seeking to come to the United States may try to accomplish this goal by applying for one of the 10,000 visas that are available through the EB-5 program. These visas are reserved for immigrants who want to invest in a new venture in the U.S. These endeavors come with two requirements:
- The immigrant must have invested a qualifying amount of capital of at least $500,000.
- The proposed enterprise has to include creation of 10 or more full-time jobs, and the employees must be outside of the immediate family of the investor. These job duration has to be a minimum of two years.
The Law Offices of Robert P. Gaffney has the experience and skill to help individual investors and their dependents complete the immigration process based upon a qualified investment in a job-creating enterprise. Call 415-503-9653 to arrange a consultation with one of our lawyers.
Preliminary Decisions for Prospective EB-5 Investors
Important preliminary decisions and assessments that prospective EB-5 investors must make prior to making their investment and filing the Form I-526 petition include:
- Deciding between investing in a direct or “standalone” project or a regional center project
- Assessing the immigration compliance of a project
- Assessing the financial risks and commercial viability of a project
- Determining the availability of evidence required to adequately document the lawful source of capital to be invested
These important preliminary decisions and assessments should be made in consultation with competent and experienced professionals.
Experienced Legal Counsel Is Necessary
While the EB-5 visa program is an attractive path to U.S. lawful permanent resident status, the EB-5 provisions are complex and continuously evolving. Success requires competent representation throughout the process by experienced immigration counsel and, in most cases, the assistance of licensed financial experts and other allied professionals.
The attorneys at the Law Offices of Robert P. Gaffney have over 35 years of experience providing exceptional service and creative solutions for clients around the globe, helping individual and corporate clients meet their business and investment immigration needs.