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314 E Highland Mall Blvd #406
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EB5 Fifth Preference – Employment Based Immigration

Basic Requirements:
Fifth Preference Employment Based Immigration EB5 (Green Card) is available for Immigrant Investors and their immediate family members. Initially, the immigrant investor must obtain approval for an immigration petition. Once the immigration petition is approved the investor and his/her immediate family members must then apply for consulate processing (if outside of US) or file for adjustment of status (if inside US). Upon approval, the investor and immediate family members will receive a two years conditional residence. The condition must be removed within two years to receive permanent status that will last without time limitations. Individuals who obtain permanent resident status (including conditional status) may live and work in the United States. The following are the general requirements to obtain permanent resident status under the fifth employment based preference category:

1) Minimum Investment: The immigrant investor must invest or be actively in the process of investing, in most cases, at least One Million US Dollars (US$1,000,000.00) in capital in the U.S. Business. However, the law gives United States Citizenship and Immigration Services (US CIS) flexibility to raise or lower the minimum investment amount. In high employment areas, US CIS can require a minimum investment of up to Three Million US Dollars (US$3,000,000.00). In targeted areas, the minimum investment can be lowered to Five Hundred Thousand US Dollars (US$500,000.00.) Targeted area is defined to include rural areas (outside of a metropolitan area and in a city or town with less 20,000 people) or an area with an unemployment rate of at least One Hundred Fifty Percent (150%) of the national average rate. In order to qualify as targeted area in Texas, we would need a written statement from a local Mayor.

2) Actual Commitment of Capital: The investment must be placed at risk for the purpose of generating a return on that capital. Therefore the investor’s loan to the company or investor’s promise to invest in the future are not considered an investment. The investment may be made in cash or other property. Examples of actual commitment of investment include the following: 1) deposit of moneys in the company’s bank account without any obligation to pay back, 2) purchase and transfer of needed assets to the company, and 3) deposit of moneys into an escrow account whereby the only condition to being released to the company is USCIS denial of the permanent resident application.

3) Lawful Means: The invested funds must have been obtained through legal means. The capital may have been acquired by any lawful means, including gifts, and inheritances. Documentation must be submitted to establish that the funds were acquired legally. An example of documents needed include: business records, tax returns, bank statements, proof of ownership of properties, and proof of sale of a business or property. Obtaining the investment amount through a loan is also considered to be lawful. Therefore the investor may obtain the capital through a loan from a third party, such as a bank. But such a loan, to qualify, must be guaranteed with investor’s own assets (not company’s assets) and must be paid within the two years conditional residence period.

4) New Enterprise or Troubled Business: The investment must be used to either establish a new commercial enterprise or to rescue a troubled business. The rules describe the various ways a new commercial enterprise can be established, including: (a) by creating an original business (established after November 29, 1990), (b) by buying and reorganizing an existing company, or (c) by investing in an existing business and increasing the number of employees or the net worth of the business by at least forty percent (40%). As stated above, the investment may also be made into a troubled business. A troubled business is defined as a business that have been in existence at least two years and have incurred a net loss of at least twenty percent (20%) of its net worth.

5) Job Creation: The investment must benefit the U.S. Economy and must create, in most cases, at least ten (10) full time jobs. The jobs can be filled by US Citizens, Permanent Residents and other immigrants lawfully authorized to be employed in the United States, but not immediate family members of the investors. Full time employment requires at least thirty-five (35) hours per week of work. Two exceptions exist to the above requirement. An investment into a troubled business does not require a creation of ten jobs, instead, it merely requires that the number of existing jobs will be maintained at the pre-investment level. Furthermore, the job creation requirement is relaxed for an investment in an area with a regional center designation, where the revenues generated by the enterprise results in exports.

6) Management: The investor must be engaged in the management of the enterprise, either through day-to-day managerial control or through policy formulation. This requirement can be met if the investor holds a corporate office or holds a seat on the board of directors.

7) Other Requirements: The investors and their immediate family members must otherwise be qualified to receive permanent resident status. For example the individuals must not have a criminal conviction that makes them ineligible. (Not all criminal convictions make an applicant ineligible).

Fees:

The following is the attorney’s fee that the Law Office of William Jang, PLLC charges for a typical case of this type when filed in the United States at the US Citizenship and Immigration Services (US CIS) (please read the disclaimer on this page) and the filing fee currently charged by US Citizenship and Immigration Service (US CIS):

[Step 1]
  • $5,000.00 attorney’s fees for the immigration petition.
  • $3,000.00 attorney’s fees for drafting business plan (will also have to CPA fee)
  • $1,500.00 US CIS filing fee for the immigration petition.
[Step 2]
  • $5,000.00 attorney’s fees per immediate family for adjustment of status.
  • $1,070.00 per each person ($635.00 for each person under 14 years of age)
[Step 3]
  • $5,000.00 attorney’s fees for removing condition.
  • $3,750.00 US CIS filing fee for the removal condition petition.

What do we need to get started?

Information and Documents needed for EB-5 Immigrant Investor

Information and Documents needed for Removal of Condition

Sample Retainer Agreement

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The information provided in this web site is of a general nature and may not apply to any particular set of facts or circumstances. The information may or may not reflect the most current legal developments. It is for general informational purposes only and is not be construed as legal advice and does not create an attorney-client relationship. If you have specific questions or need legal representation, or legal advice, please contact the Law Office of William Jang, PLLC at (512) 323-2333.

The Law Office of William Jang, PLLC does not guarantee that the information on this web site is correct or complete. The Law Office of William Jang, PLLC expressly disclaims all liability with respect to any actions taken based on the contents of this web site.

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