How do I apply for the EB-5 Immigrant Investor Program as an investor?

You should first hire an experienced EB-5 immigration attorney. You will need to have your attorney provide Immigration due diligence on EB-5 projects and refer you to companies that can provide business and investment due diligence on the EB-5 projects. You will need to discuss timelines and the risk of the EB-5 investment.

It is highly advisable that you engage the services of an experienced EB-5 immigration attorney who can guide you through the process, as it is very complex. There are two options available to immigrate to the U.S. through the EB-5 Immigrant Investor Program: direct investment in a new commercial enterprise and regional center EB-5 investment. If you plan to proceed with direct EB-5 investment in a business in the U.S., you must be able to invest $1 million (or $500,000 in rural or high unemployment area) and create directly at least 10 full-time positions for qualifying employees (at least 35 hours/week per position). If you plan to proceed with regional center project investment, your investment threshold is reduced to $500,000 (under the current law) and you can take advantage of indirect and induced job creation by a regional center. In either case, you must be able to prove lawful source of funds for the EB-5 capital invested.

Consult with an experienced EB-5 immigration attorney as soon as possible. Before you contact an attorney, be prepared to discuss the source of the funds you plan to invest. You will need to show USCIS the source of the money you are investinghow was the money earned, where does it come from, etc. You should also consider what sort of project you would like to invest in. An attorney will not decide which project you will invest in but will help guide you in choosing a project and provide you with information on project sources. Be prepared to discuss your immigration goals and timelines, and to thoroughly inform the attorney of your United States immigration history.

This is a complicated question and answer. Are you interested in investing in one of the 800 Regional Centers or doing your own project? This would be the first thing to decide.

There are two key elements if you file under the regional center program that over 90% of applicants select. First, you have to prove the $500,000 you are planning to invest comes from a lawful source. Second, you have to choose a good project. Arguably, the second point is more important, as you risk losing your money and not getting a green card if you choose poorly. You need to make sure you have top notch professional advisors in regard to immigration and in regard to financial investment selection. Choosing the correct project is very important and you can work with reliable established regional centers, but you still have to do careful analysis and review of the actual project to ensure your investment is safe.

You should speak with an immigration attorney that is familiar with and has experience in the EB-5 Immigrant Investor process so that you can have a clear understanding of what is required to meet the burden of proof.

In order to get involved with the EB-5 Immigrant Investor Program, you must first make a decision to acquire Lawful Permanent Residency and have no other straightforward options. If at all possible, you should seek legal representation through a very experienced immigration attorney, preferably one that is Board-Certified by their state bar association in the field of immigration and nationality law, and certainly one that has significant experience in representing individual EB-5 investors as well as regional centers. An experienced attorney can guide you through the process. However, you must make your own investment decision and, unless you are prepared to make a direct investment, the vast majority of EB-5 investors will invest through a project under the umbrella of a particular regional center. Most of these projects are real estate projects. You should try to narrow your search down to a manageable number of projects, review them with your legal counsel and, if possible, your investment counsel. Also, if possible, you should visit with the management team and even go to the site of the project to make your final investment decision. At that point, your EB-5 attorney can help prepare the necessary EB-5 petition and help lead you through the process.

An EB-5 I-526 Petition includes two major parts: the business part and the legal source of funds part. You need to first determine if you have the necessary documentation to prove the funds you plan to use in EB-5 were acquired legally such as salary accumulation, inheritance, a gift, etc. Then, you need to find a project to invest in. The best way to start is to find an experienced EB-5 attorney who will guide you through the process.

You should immediately consult with an Investment Immigration Attorney with a clear track record of success. Do not delay, as the program is set to sunset on September 30th of this year. If you take action immediately, you can enjoy the benefits of EB-5 under the current law.

The first step is to determine where you are investing the money and what your source of the funds is. Next, you need a business plan to create 10 new jobs. Meet with a lawyer.