The Investment Based Way to Secure Lawful Permanent Residence Status
The E-2 and EB-5 are investor visas that allow foreign nationals to come to the United States to start a new business or to operate a business in which they have invested a substantial amount of capital.
There are specific requirements that must be met in order for these visas to be approved. It is important that you have strong representation from a knowledgeable California lawyer.
The attorneys at the Alliant Law Group, LLC have extensive experience representing clients from countries around the world in the process of obtaining E-2 and EB-5 visas. Our firm has successfully represented entrepreneurs launch businesses across a wide array of industries. We understand the processes that must be followed and how to manage your case to a successful conclusion.
The E-2 Visa
The E-2 is often referred to as the treaty investor visa. It allows nationals from countries that have a qualifying treaty with the United States to start or operate a business here. We will take the time to help you fully understand the requirements for the E-2 visa and let you know whether a qualifying treaty exists between your country and the U.S.
If an E-2 is not an option for you, an EB-5 visa may be the answer.
The EB-5 Visa
The EB-5 immigrant investor program was created by Congress in 1990 under § 203(b)(5) of the Immigration and Nationality Act (INA) to stimulate the U.S. economy through job creation and capital investment by alien investors. Under the EB-5 program, alien investors have the opportunity to obtain a United States Permanent Resident Card (commonly known as a “green card”) that affords lawful permanent residence in the United States for alien investors, their spouses, and their minor unmarried children by making a certain level of capital investments and associated job creation or preservation. Our immigration law/business organization lawyers provide legal advice to immigrant investors, public or private sector economic development entities, and new commercial enterprises who seek to avail themselves of the benefits of the EB-5 program.
There are essentially two EB-5 programs levels.
The first is the so-called “Basic Program” under which (generally speaking) a qualified EB-5 investor must invest a minimum of $1,000,000 in a “new commercial enterprise,” as defined by USCIS, that must create 10 permanent “direct” full-time jobs, that is, jobs created in the business in which the EB-5 investor invested.
The second is the so-called Immigrant Investor Pilot Program. Under the Pilot Program, a qualified EB-5 investor may invest a minimum of $500,000 in a new business enterprise in a USCIS-approved Regional Center (or in a Targeted Employment Area, or “TEA”) that creates 10 permanent direct jobs, indirect or induced full-time jobs that are created within the geographic boundaries of the Regional Center as a result of the business activity created by the new commercial enterprise. Most immigrant investors, economic development entities and EB-5 entrepreneurs view the Regional Center Pilot Program as the more attractive opportunity for both EB-5 companies and EB-5 investors.
The formation of an EB-5 Regional Center or an EB-5 compliant commercial enterprise is a team effort involving, among others, immigration counsel to manage the legal requirement for EB-5 compliance, securities counsel to provide advice and guidance to insure that the offering of the investment interests in the EB-5 company satisfies the safe harbor requirements of federal securities law, and local counsel in the state of organization of the Regional Center or EB-5 company to insure compliance with state law. Each immigrant investor in an EB-5 company will require legal assistance from a qualified immigration lawyer in preparing, filing and processing their initial petition, known as an I-526 petition, for issuance of a conditional green card, and, once the requirements of the conditional green card have been satisfied, an I-829 petition for removal of conditions from the green card and establishment of permanent residence in the United States.
Our firm is prepared to provide legal services to assist:
- Public or private sector economic development entities in the formation, organization and administration of EB-5 Regional Centers;
- Entrepreneurs and their local counsel in the formation and documentation of business entities that will satisfy the requirements of the EB-5 program;
- Entrepreneurs and their local counsel in developing the required offering materials, subscription documents and offering practices for solicitation of prospective EB-5 investors that will comply with the safe harbor requirements of federal securities law;
- EB-5 investors in pre-screening to determine whether a prospective investor will meet the threshold EB-5 program requirements; in preparing, filing and processing I-526 and I-829 petitions; and in addressing other immigration law issues that arise in connection with efforts to qualify the immigrant investor under the EB-5 program.
If you have any questions about how we may assist you securing your investment based visa, please contact Managing Partner Daniel Conidi for a free consultation at Dconidi@alliantlaw.us.