Current law dictates that around 85,000 H-1B visas are available each year. Application decisions are based on a lottery conducted by U.S. Citizenship and Immigration Services (USCIS), with a random computer system determining who will and won’t be able to seek employment in the United States. Once USCIS ceases to accept additional H-1B visas for the year, those seeking entry to the United States may have to consider other options.

According to USCIS data, 65,000 visas were available for the 2019 H-1B filing season under the standard cap (for candidates with bachelor’s degrees). Individuals with master’s degrees from accredited American schools fall under the advanced cap, which offers an additional 25,000 visas. The USCIS received more than 190,000 visa petitions from aspiring U.S. immigrants. Although this number is actually down from previous years, a large disparity remains between those seeking visas and the number of visas currently available.

H-1B Visa Alternatives

Just because you missed out on the lottery for an H-1B visa doesn’t mean you have to give up on your dream of emigrating to the United States. In fact, there are other options for talented visa applicants with something to offer. Several H-1B alternatives exist for employees and employers.

L-1 Intracompany Transferee

A suitable option for foreign employees and nationals who want to establish or increase their presence in the United States, the L-1 visa is a great alternative to the H-1B visa. Not only does it allow multinational companies to transfer employees from overseas facilities, but it also enables family members of those employees to work while in the United States. Note that this visa option is not suitable for foreign nationals who currently live in this country.

EB-5 Visas

For individuals seeking permanent resident status in the United States, the EB-5 visa is a great option. It’s no secret that green card backlogs can delay the citizenship process for aspiring immigrants. With the EB-5, applicants with investment capital can achieve lawful permanent residence status provided that they invest between $500,000 and $1 million in a suitable venture. Additionally, EB-5 visa candidates must create a certain number of jobs to gain approval.

E-1 and E-2 Visas

Foreign nationals who are key executives, supervisors, or other essential employees may be able to apply for an E-1 or E-2 visa. To qualify for this visa option, individuals must intend to enter the country to carry on trade or lead a business enterprise in which they have invested significant capital. As a bonus, key employees at the E-1/E-2 company may also be able to enter the United States. However, these individuals must have the same nationality as the treaty employee.

O-1 and P-1 Extraordinary Ability Visas

If you have a special ability or talent, you may qualify for an O-1 and P-1 visa. Suitable for exceptional individuals working in science, business, athletics, education, or the entertainment industry, this visa functions as an alternative to the H-1B. Note that candidates who are approved for an O-1 or P-1 may go on to qualify for EB-1 category permanent residency status.

TN for Canadian and Mexican Professional Workers

Citizens of Canada and Mexico may qualify for the TN visa for professional workers. Available to individuals who seek U.S. employment in certain occupations, this visa does not have a cap the way other options do. One can apply for a TN at the Canadian border or by filing a petition with USCIS.

Trainee Visas

Certain employers may qualify for training visas. These options enable eligible individuals to work for employers in the United States and receive compensation for training.

J-1 and H-3 Trainee Visas

The J-1 and the H-3 trainee visas are available to certain individuals seeking to enter the United States. Under the terms of the J-1 visa, individuals must seek employment with a U.S. company and receive payment for the length of the approved training program. The average J-1 training visa is 18 months, and individuals must receive sponsorship by an approved Exchange Visitor Program.

Additionally, individuals can opt to apply for the H-3 trainee visa. Designed for non-immigrants who intend to visit the United States temporarily for training purposes, this option is not specific to any one field. Note that training must not be available in the candidate’s home country. Additionally, the trainee can’t take part in productive employment unless it’s key to the training program. The H-3 visa lasts for a period of two years.

Finding a Visa Option That Meets Your Needs

Although many visa proponents suggest that caps should be increased, at this time there’s no reason to think policy will be changing soon. To that end, aspiring visa recipients need to do everything in their power to boost their chances of being accepted.

For more information about finding the right visa for you, and about being approved for permanent resident status, call today, or contact our team online.

Some disagreement exists about who started the first fast-food company in the United States, with top contenders including McDonald’s and White Castle. Regardless of how the trend started, one thing is clear: when it comes to the United States and other countries worldwide, fast food can equal fast money.

With many fast-food restaurants bringing in significant revenue, an increasing number of EB-5 visa applicants are considering putting their money where Americans’ mouths are. But is fast food really such a great route for your investment capital? Read on to learn more about the pros and cons of investing in this particular sector of the economy.

Fast-Food Restaurants as Direct Investments

A quintessentially American business, the fast-food restaurant is a popular choice among immigrant investors. However, you must consider several factors before deciding to hand over your hard-earned funds. First, you should determine whether you want to invest directly in a business and take part in daily operations or if you would prefer to take a more passive role in the proceedings.

As a direct investor in a fast-food venture, you may experience some challenges during I-526 processing. For some countries, I-526 adjudication is a lengthy process, and it could be two years or more before you can enter the United States. This is particularly relevant for countries like China that tend to have long wait times. Because I-526 adjudication requires investors to have extensive information about the business enterprise in question, so if you are located overseas, you may struggle to perform due diligence and acquire all the necessary data to move forward. Moreover, if you are located abroad, you may struggle with everyday such as hiring employees and handling day-to-day operations. Therefore, attempting to invest directly in a fast-food venture might not be the best choice for EB-5 visa candidates.

Fast Food and Regional Centers

Because of the struggles involved in investing directly as an EB-5 candidate, you might opt to invest instead in a regional center. Functioning as limited partnership entities, regional centers allow companies to raise funds for a business. While you will still have a role to play regarding strategy, the regional center will handle the daily operations of the enterprise. In that sense, it’s possible to invest in an American fast-food restaurant without being located in the United States. Regional centers can secure up to 25 percent of a project’s capital from investors and the rest from banks, venture capital, and other strategies.

When selecting a regional center, it’s wise to do your due diligence. Ensure the individuals managing your investment have a record of success in the fast-food business and experience with EB-5 ventures. This step is especially important, as you won’t necessarily be there on the ground every day.

Finding the Capital for Your Project

Investing in a fast-food venture through a regional center can be helpful from a financial perspective too. EB-5 investors are required to put $1 million into a direct investment venture; however, by investing in a regional center in an area with high unemployment and low economic prospects, individuals can reduce their burden to $500,000.

While a direct investment of $500,000 probably isn’t enough to start a fast-food restaurant on your own, when you invest through a regional center you can expect to have other capital available to you as well. So, you can reduce your personal financial burden while still investing in the business of your choice. Investing through a regional center can also help you afford franchise fees, which can total hundreds of thousands of dollars for many of the most popular brands.

Fulfilling the Jobs Requirement

One of the many benefits of investing in fast-food restaurants is that meeting the jobs requirement should be relatively simply. According to the EB-5 visa rules and regulations, immigrant investors must allocate capital to ventures that create a minimum of 10 jobs. Because of the demand involved in running a fast-food restaurant, it’s likely that you’ll need a minimum of 10 workers and probably more. After all, fast-food restaurants tend to have long hours and require employees to work multiple shifts throughout the day. Your business could conceivably be open 12 hours a day for seven days a week.

Note that projects with multiple investors have higher job creation requirements than those with just one investor. However, an average fast-food restaurant may be able to meet the jobs requirements for two different investors due to the long hours.

Evaluating Fast-Food Restaurants as EB-5 Investments

Clearly there are positives and negatives associated with investing in a fast-food venture as an EB-5 visa candidate. Quintessentially American institutions, fast-food eateries are familiar to customers and tend to take in a steady stream of profits. And because they’re open long hours and require a significant workforce, meeting the jobs requirement should be fairly simple.

Still, investing directly in a fast-food venture can be a challenge. If you want to put your capital into this type of business enterprise, investing through a regional center may be the best choice. Not only does it allow investors to take a more passive role in the proceedings — something that’s helpful if they’re located outside the United States — but it may also reduce the funds needed to $500,000 instead of $1 million.

Choosing the Right Business Venture

EB-5 investors have a lot on their plate, and choosing the right business venture is one of the hardest and most crucial aspects of the process. While there’s no easy answer when it comes to deciding where to invest your money, our team is here to guide you through the process. Whether you’re looking for legal advice or business acumen, our experts have the inside track on the EB-5 program.

Ready to start your journey to permanent citizenship through the EB-5 visa program? Call today or contact us online for a consultation.

It’s no secret that the visa backlog for Chinese immigrant investors is currently a lengthy one. With a 10-year waiting list for aspiring EB-5 visa recipients from China, Regional Centers and Developers are increasingly looking to India as the next big source of investment funds. Indian nationals may be particularly intrigued by this option, as wait times are up for EB-2 and EB-3 visas. Read on for details on the three main filing types for the EB-5 visa process, along with tips for Indian nationals looking to apply:

Understanding the I-526 Petition

A form intended for entrepreneurs who want to immigrate to the United States, the I-526 petition includes the form itself along with two sets of documents. It’s worth noting that securing approval of your I-526 petition does not result in citzenship rights for you or your family. All an approved form does is allow inmigrant investors to apply for their green cards.

The first step in obtaining I-526 petition approval is to gather the necessary documents. To complete your I-526, you will need both project documents and investor documents. The former includes economic reports, business plans, securities documents, and any other materials required to demonstrate how your project will spend its funding and create the requisite number of jobs. As for investor documents, be prepared to supply biographic details on yourself and your family. You’ll also need information demonstrating how you legally obtained the capital you’ll be using to fund your EB-5 project.

Upon completing the form and accumulating the necessary documents, immigrant investors should file form I-526 with U.S. Citizenship and Immigration Services. Currently, an investor can expect to wait around 18 months while the I-526 form is being processed.

Understanding Consular Processing

Consular processing, or adjustment of status, is the next step on the journey to securing an EB-5 visa.
If visas are available, investors can apply for green cards immediately upon receiving I-526 approval. Spouses and children under the age of 21 are also eligible for green cards. Unfortunately, many countries currently face backlogs that can delay them in obtaining conditional residency status.

Investors currently residing in countries outside the United States can file a DS-260 form for consular processing. The National Visa Center reviews the forms and then schedules interviews with investors at the U.S. consulate closest to their location. Upon completing a satisfactory interview, investors will receive immigrant visa stamps in their passports for themselves and their family members. Conditional resident status last for two years and begins on the day an investor enters the United States.

Individuals who have valid status in the United States can file Form I-485, also known as adjustment of status. At this time, immigrant investors can also file for work authorization (I-765) and advance parole (I-131). It’s important to note that investors may experience limited travel capacity until both work authorization and advance parole have been approved and investors have receivved their EAD/AP cards.

While processing times vary, immigrant entrepreneurs can expect to wait six months for I-485 and DS-260 processing. For advance parole and work authorization, 45 to 60 days is the norm. The wait time for the adjustment application is around six months.

Understanding the I-829 Petition

The last step in the EB-5 visa application process, the I-829 petition, must be completed within the 90 days before conditional resident status is due to expire. Filed with U.S. Citizenship and Immigration Services, this petition takes about two years to process at present. However, the act of filing this form on time extends the conditional period for 18 months. If your extension is coming to an end and your I-829 has yet to be approved, you can make an InfoPass appointment at your local USCIS office to obtain proof of continued conditional resident status.

To file the I-829 petition, immigrant investors need to provide information about themselves and their families. Typically, green cards are sufficient for demonstrating immigration status. However, you may also need to provide proof that no one has violated criminal or immigration law in a way that would prevent them from being a lawful permanent resident. Additionally, individuals may have to provide documentation that their projects created the requisite number of job openings.

Get Help With Your EB-5 Application

We help a wide range of immigrant investors, including Indian nationals, apply for EB-5 visas successfully. For more information on our services, call today or contact our experts online.

Created by the Immigration Act of 1990, the EB-5 visa program offers a path to lawful permanent residency for eligible foreign investors. As of 2017, U.S. Citizenship and Immigration Services confirmed a requirement known as redeployment in the online version of its policy manual. Read on for answers to some of the most frequently asked questions about EB-5 redeployment and what this means for immigrant investors:

1. What does the redeployment requirement confirmation mean for investors?

If you haven’t obtained a CLPR yet, you must adhere to certain requirements as an immigrant investor. With regard to job creation, if your EB-5 investment has yet to result in 10 new positions, you are required to redeploy funds to an active business venture with the potential to gain or lose money. The invested funds should be directed to the job creating entity (JCE). On the other hand, investors with CLPR status tend to have less stringent redeployment obligations. They can redeploy funds into an activity not described by the original business plan, provided that the plan was created in good faith.

2. At what point do investors need to comply with redeployment?

U.S. Citizenship and Immigration Services policy requires that EB-5 investors keep their funds in an at-risk state throughout the time they’re in CLPR status. This obligation means that any funds the JCE returns to the NCE must adhere to rules for redeployment. For example, in a case where the investor’s I-526 is still pending, the NCE is required to redeploy all investment funds to another at-risk business activity that’s engaged in commerce. Funds must be redeployed to the same JCE mentioned in the I-526 in the event that the investment has yet to create 10 jobs. Redeployment requirements are valid until the immigrant investor obtains a CLPR.

3. How long is an immigrant investor required to maintain the investment at risk?

According to the latest update from U.S. Citizenship and Immigration Services, the period for which an investor is required to redeploy funds spans two years from the date on which conditional permanent residence status was granted. At that point, investors are no longer required to keep investments in at-risk status or redeploy EB-5 funds. Withdrawing funds will not prevent immigrant investors from receiving I-829 approval.

Note that the I-829 adjudication process is used to determine whether or not an investor kept funds at risk during the required two years after obtaining CLPR status. However, individuals who still have funds invested during the adjudication process could enjoy more flexibility when it comes to demonstrating job creation than those who have withdrawn funds.

4. How does redeployment affect immigrants from countries with CLPR visa waiting lists who have already been approved for the I-526?

Redeployment requirements are based on when investors receive their CLPR visas. So, investors whose CLPR visas are delayed because of their countries’ specific waiting lists are still required to meet redeployment requirements during that time. Even if you’ve been approved for a 526, you must fulfill the redeployment requirement until you’ve had your CLPR for a period of two years. Investors who have yet to receive a CLPR and have failed to create 10 jobs must redeploy funds into an at-risk business activity engaged in commerce and divert funds to the JCE.

5. Which interviews will feature questions about redeployment?

Immigrant investors should be prepared to answer redeployment questions as part of the interview process. The goal is to determine EB-5 immigrant visa eligibility. Generally, the U.S. Citizenship and Immigration Services conducts the interviews for Adjustment of Status (“AOS”) and I-829 Removal of Conditions for individuals living within the United States. For immigrant investors living overseas, the U.S. Department of State performs consular processing interviews for visas.

6. What materials must be brought to the interview?n

It’s important to show up to your interview with all the necessary documents and financial statements. Commonly requested materials include Regional Counter financial summaries, NCE bank account information, loan records between the NCE and JCE, and redeployment documentation. If you’re not sure what documents to bring to your interview, don’t hesitate to speak to a knowledgable EB-5 attorney for more information.

The fact is that EB-5 rules and requirements can be complex, and not all attorneys have the background necessary to navigate the process. To find out more about EB-5 redeployment requirements, call today or contact our team online.

Created in 1990, the EB-5 Immigrant Investor Visa Program enables eligible immigrant investors to become permanent residents of the United States. By investing $1 million in an American business that will employ a minimum of 10 U.S. workers, these individuals may be able to obtain their green cards more quickly than other applicants. Unfortunately, obtaining your EB-5 visa can be easier said than done.
The chief of Immigrant Visa Control and Reporting, Charlie Oppenheim, spoke about visa waiting lines at an EB-5 Industry Conference in April 2018. When it comes to visa wait times, the fact is that applicants from different countries experience varying wait times. According to Oppenheim, applicants from China, Vietnam, India, South Korea, Taiwan, and Brazil are likely to anticipate serious backlogs by June 2019.

Read on for some of Oppenheim’s specific predictions by investor country of origin:

1. China

According to Oppenheim, applicants born in mainland China can anticipate waiting up to 15 years to receive a visa. This prediction is based on the assumption that just 2,000 Chinese nationals receive EB-5 visas in a given year and applies primarily to cases filed after April 2018; Oppenheim added that approved cases may enjoy shorter wait times. It’s worth noting that over 4,049 EB-5 visas have been issued to Mainland Chinese nationals to date in 2018; however, Oppenheim believes this number will soon be dropping. The USCIS Ombudsman drew a slightly more optimistic conclusion in 2017, suggesting that Chinese investors could expect to wait 10 years for an American visa.

2. Vietnam

In April, Oppenheim revealed that the Vietnam EB-5 final action date would reach January 1, 2016, by October 2018. This echoes the date given to applicants from China. Oppenheim went on to note that the government will allocate the full 7 percent of EB-5 visas to Vietnamese applicants by the spring of 2019.

3. India

Demand for EB-5 visas among Indian applicants is great, due in part to the serious backlogs for employment-based visas in other categories. According to Oppenheim, the government issued 375 EB-5 Indian national visas between the dates of October 2017 and June 2018. Experts predict that by the end of 2018, India will use 520 EB-5s compared to 174 in 2017.

4. South Korea

Another nation known for its high number of visa applications, South Korea received 423 EB-5s between October 2017 and June 2018. As a result, Oppenheim anticipates that a final action date similar to China’s may be established during the summer of 2019.

5. Conducting a Thorough Analysis

Before selecting an EB-5 project and embarking on your citizenship journey, it’s important to perform a compehensive evaluation of the project, taking all the essential elements into consideration. It’s particularly important that prospective investors do their due dilligence to ensure a project will meet the jobs requirement. This is the most important factor in determining EB-5 status. Additionally, investors and their representatives should evaluate available capital and consider whether its sufficient for the project with regard to both location and timeline.

5. Taiwan

Coming in under South Korea, Taiwan received 335 EB-5 visas between October 2017 and June 2018. Although Taiwanese nationals don’t currently have a final action date, Oppenheim advises that one may be established during the summer of 2019.

6. Brazil

As is the case for Taiwanese nationals, Brazilian applicants can anticipate seeing a final action date this coming summer. However, no specifics have been provided at this time.

It’s worth noting that estimated wait times are intended for planning purposes and may change without warning. Oppenheim states that estimates are based on “known facts” and don’t take into account possible events that may occur in the future. Further, he avoids hypothesizing based on legislative or administrative factors. In general, wait line estimates don’t account for considerations such as denial, dropout, death, and divorce, all of which can impact actual times.

Additionally, Oppenheim reveals that predictions on wait times can become self-fulfilling prophesies. In other words, commenting on expected immigration wait times can increase the odds of those times occurring.

For example, in 2015 Oppenheim predicted a final action date for Chinese nationals, which soon become a reality. The same thing happened with Vietnam in 2018. To that end, Oppenheim advises individuals seeking EB-5 visas to be aware that final action dates may occur earlier than expected. Immigration attorneys should take care to stay up to date on the latest news and guidelines so they can provide clients with the most accurate information.

Ready to learn more about EB-5 visa wait times and backlogs? We offer a plethora of information on our site, along with access to industry experts who can help you achieve your goals. Call today for details on our services, or contact our team online.

There are various elements to consider when choosing an EB-5 project. Along with personal considerations like risk tolerance, desired budget, and preferred business locale, prospective investors need to consider whether or not a project will meet the stringent EB-5 requirements. For example, undertaking a project that doesn’t lead to the creation of the requisite 10 jobs will most likely result in your EB-5 visa being denied. Similarly, neglecting to do appropriate due dilligence on a construction project could lead to a loss of funds and have a negative effect on your overall citizenship goals. If you want to increase your odds of EB-5 approval, take care to avoid shortcuts, and do the work. The goal is to ensure you’re making the right investment from the start.

1. Meeting Job Creation Requirements

To meet the EB-5 visa requirements, a project must result in the creation of at least 10 full-time jobs. Investors have two years to fulfill the job creation requirement, and those who fail to do so will likely not obtain their visas. It’s important to note that direct jobs will not be counted in cases when projects end before the two-year mark. However, indirect jobs created by the project are considered when evaluating an investor for EB-5 status.

2. Adhering to the Two-Year Timeline

Because of the strict timeline associated with the EB-5 visa process, prospective investors need to consider projects carefully to ensure they can complete the jobs requirement. Investors have only two years to create 10 jobs, and those who are unable to meet this requirement on schedule won’t obtain visas. With that in mind, investors should consider whether the budget for a project will affect its timeline. If funds are limited or insufficient, the project might hit delays that throw off scheduling and ultimately result in the need for more capital. The end result could be that the project doesn’t make it the requisite two years or fails to result in the creation of 10 jobs.

3. Assessing Budgetary Concerns

Along with evaluating the overall project timeline, investors should consider general budgetary factors. Strive to find a third-party evaluator who can assess the construction project using local economic figures and statistics and ensure it meets all EB-5 requirements. Referring to national data alone could result in your projected jobs output being inaccurate.

Taking the local economy into account is also important for determining funding needs. After all, investors considering a construction project in San Francisco will almost certainly need more capital to achieve their goals on time than those looking at projects in Atlanta. In this way, location can have a significant effect on your ability to meet the jobs requirement. An investor working in a large or expensive city might have a harder time adding jobs than one starting a business in a smaller area with a lower salary and cost of living.

4. Understanding USCIS Accepted Expenditures

Before choosing an EB-5 construction project, investors need to consider United States Citizenship and Immigration Services accepted expenditures. While the USCIS tends to accept some expenditures without question, others may raise red flags and affect the outcome of your evaluation. Having a thorough understanding of the USCIS rules and regulations is the best way to minimize risk and protect your EB-5 visa status.

For example, hard construction costs tend to be accepted with less hesitation. In most cases, investors can safely add costs associated with labor, shoring, materials, and demolition to their evaluations. On the other hand, soft costs are more problematic from a reporting perspective, though many can still be added to an evaluation without risk. Soft costs that are considered “safe” include fees associated with engineers, architects, insurance professionals, and attorneys whose services aren’t being used for the EB-5 proecess.

Some expenses are not permitted. When calculating expenditures for your EB-5, avoid including permits, local fees, and property tax costs.

5. Conducting a Thorough Analysis

Before selecting an EB-5 project and embarking on your citizenship journey, it’s important to perform a compehensive evaluation of the project, taking all the essential elements into consideration. It’s particularly important that prospective investors do their due dilligence to ensure a project will meet the jobs requirement. This is the most important factor in determining EB-5 status. Additionally, investors and their representatives should evaluate available capital and consider whether its sufficient for the project with regard to both location and timeline.

Secure the Help You Need on Your EB-5 Journey

Of course, even the most thorough evaluation can’t ensure that your EB-5 construction project will run smoothly. Problems can crop up when you least expect it, throwing a wrench into your timeline and goals. Like any investment, an EB-5 constructino project is a risk, but conducting a thorough investigation at the start can go a long way toward keeping your money safe and protecting your citizenship goals.

Ready to get started on the journey to obtaining your EB-5 visa? Our knowledable team has the experience and expertise to support you every step of the way. Call today or contact us online for help with your construction project.

In 1990, Congress was looking for ways to boost job creation in the United States while pumping money into the economy. The result was the EB-5 immigrant investor visa category. Designed to lure wealthy foreign investors, the visa offered a path to lawful permanent residency for entrepreneurs and their families. Each year, the Immigration and Nationality Act provides EB-5 investors with approximately 10,000 visas, 3,000 of which go to Regional Center Program investors who devote resources to targeted employment areas (TEA).

What Is the Regional Center Program?

Created in 1992, the Regional Center Program, also known as the Immigrant Investor Pilot Program, allows eligible foreign entrepreneurs to invest in Regional Centers instead of commercial enterprises. One of the benefits of investing in TEA Regional Centers is that the investment requirement is lower: $500,000 instead of $1 million. The reduced rate stems from the fact that these areas tend to be in greater need of employment opportunities. Not only can Regional Centers combine resources to achieve larger goals, but they also have different job creation requirements, making it easier for investors to meet EB-5 standards.

EB-5 and Regional Center Program Eligibility Requirements

To qualify for the traditional EB-5 Program, every foreign investor must provide financial support to a business that directly creates or maintains a minimum of 10 full-time jobs. One of the benefits of the Regional Center Program is that investors can meet the requirement by creating 10 direct, indirect, or induced jobs. It’s worth noting that the amount of capital investors can raise is limited by the number of jobs. For example, a project manager for a TEA project expected to yield 30 jobs can raise a maximum of $1.5 million in EB-5 capital from three foreign investors.

Choosing Appropriate Investments

Not all investments qualify foreign entrepreneurs for entry into the EB-5 Program. In order to be considered for this type of immigrant visa, individuals must invest a sum of $1 million (or $500,00 for a Regional Center project). Capital may be in the form of cash, equipment, property, inventory, or loans. Note that administrate, attorney, and management fees do not count toward the investment requirement. Additoinally, foreign investors should be able to demonstrate that they are the legal owner of all relevant capital.

To qualify for a visa, individuals also have to show that they already placed funds in an “at-risk” investment or that they are in the process of doing so. The “at-risk” distinction indicates that there is no guaranteed return on investment. Further, investors should be able to demonstrate that funds have been made available to the business venture in question.

Important Forms for Immigrant Investors

Aspiring immigrant investors need to fill out a number of forms before securing an EB-5 visa. These include:

I-526 Petition by Alien Entrepreneur – This document is used as evidence that an eligible investor has made or is currently in the process of making an investment in a suitable project. To meet the requiements, individuals must show that they intend to manage the investment’s daily activities or serve as a policy advisor. Additionally, investors must provide a buisiness plan demonstrating that their project will result in 10 jobs.

I-485 Application – This form functions as an application to register permanent residence or adjust an applicant’s status. To become a conditional permanent resident of the United States, individuals must provide the following: birth certificate, marriage certificate, passport, non-immigrant visa, vaccination records, and medical examination documents. Additionally, aspiring investors should be prepared to supply a form I-797 C, an approved I-526 petition, fingerprints, current photos, signatures, and any criminal history documents.

I-829 Petition – This form removes conditions on investors and allows them to become full, lawful permanent residents of the United States. Requirements to file include a conditional green card, evidence of investment, evidence of job creation, photos, and fingerprints.

Questions to Consider When Selecting an Investment Project

Prospective applicants should take care to choose a project that meets their needs and goals while adhering to the program requirements. Here are some questions to ask yourself before investing in a commerical enterprise or Regional Center:

• Do I want to manage the investment on my own or leave that up to the Regional Center?
• How open am I to taking risks in this investment?
• How much do I know about the industry in question?
• Have I conducted due dilligence on the projects I’m considering?

When embarking on the EB-5 journey, it’s crucial to find a knowledgeable attorney who specializes in immigration and business law. Ready to get started with the EB-5 investment process? Call today or send us a message!

It’s no secret that the route to becoming a legal U.S. immigrant is long and filled with roadblocks. In an effort to gain a leg up, some individuals enter the EB-5 direct investment program as a way of achieving favorable immigration status in the United States. According to a report by the Washington Post, since 1990 foreign investors from China, the Middle East, and other regions have created thousands of jobs through the EB-5 program. Moreover, the United States has awarded 29,000 visas to these enterprising individuals.

As an EB-5 direct investor, you will face additional requirements that U.S. citizens and EB-5 Regional Center investors don’t have to deal with. Because the EB-5 direct investment program focuses primarily on job growth, visas will be denied to those individuals who don’t create at least 10 jobs through their EB-5 direct investments. With that in mind, it’s crucial for EB-5 investors to know whom they can and can’t hire to satisfy the job creation requirement.

Hiring Requirements for EB-5 Investors

Unfortunately, it can take up to two years to be accepted into the EB-5 program. Having a thorough understanding of all the legal and documentary hurdles investors need to navigate is the best way to increase one’s odds of being accepted. In the eyes of the EB-5 program, not all jobs are created equal—and neither are all employees. While EB-5 direct investors are obliged to create at least 10 jobs in service of the U.S. economy, the immigration status of an employee affects whether the job counts toward the requirement.

As an EB-5 job creator, you can feel confident hiring employees who are U.S. citizens and permanent residents. Both categories count in terms of the job creation requirement. Additionally, investors are free to hire aliens who are residing in the United States under deportation suspension, legal asylees, and refugees.

On the other hand, certain categories of employees will not count toward the job creation requirement. These workers include non-immigrant aliens and those individuals holding L visas, M visas, and O visas. Additionally, individuals with expired green cards aren’t counted toward the job growth requirement. Investors should note that they can’t count themselves or their family members when filling the job creation obligation.

How Do You Know if an Employee Counts Toward Your Job Requirement?

If you do want to hire employees who aren’t citizens, it’s important to assess their immigration status early on. As an EB-5 job creator, you’re technically allowed to hire any employee you desire. However, you should be aware of the restrictions that apply to the job creation requirement. With that in mind, certain investors may opt to limit their hiring to U.S. citizens or permanent residents. Doing this can protect you from hiring a worker with an L or M visa status.

If you do want to hire employees who aren’t citizens, it’s important to assess their immigration statuses early on. Unfortunately, employers are legally prohibited from asking applicants for certain immigration information. Further, the main document used to determine an employee’s work eligibility, Form I-9, neglects to distinguish between different immigration statuses. Workers have successfully sued their employers for requiring more immigration documentation than was legally necessary.

Rules for Requesting Immigration Documents

While EB-5 direct investors can’t directly ask prospective employees about their immigration statuses, the Justice Department has ruled that they can request further documentation. However, the caveat is that employers must make the same request of all their employees, not just those claiming a certain immigration status. Failing to adhere to the Justice Department’s guidelines could result in legal action being taken against you or your business.

Reach Out for Additional Support

The job creation requirements for EB-5 direct investment can be complex, and new investors often struggle to meet all their obligations. Because failing to abide by these requirements can result in a visa application being denied, many investors opt to consult with a lawyer before embarking on this journey. Not only can a knowledgeable EB-5 attorney help ensure your immigration visa is approved, but they can also prevent you from losing liquidity due to legal fees.