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The EB-5 Immigrant Visa
November 9th, 2010

EB-5 Immigrant VisaThe category, the focus of our blog, is defined by immigration law as an employment-based , but it distinguishes itself in several important ways from the other employment-based categories.  It is an issued for having made an in the United States that creates jobs for others; this is why it is often referred to as the employment creation category.  There are three subcategories within the EB-5 category, differing in the requirements with regard to the , job creation, and management of the business.

The three subcategories of the EB-5 Immigrant Visa are:

  • A $500,000 investment in a designated program with the program managing the day-to-day business and providing direct and/or indirect creation of ten jobs based on calculations by an economist using a methodology that is accepted by .
  • A $500,000 investment in a business owned and operated by the investor, with the investor showing the creation of ten new, full-time, permanent jobs (employees of the investor’s own business) in a “targeted employment area,” which is defined as a rural area (with a population less than twenty thousand) or as a high-unemployment urban area (with an unemployment rate that is 50 percent or more above the national unemployment rate).
  • A $1,000,000 investment in a business owned and operated by the investor, with the investor showing the creation of ten new, full-time, permanent jobs (employees of the investor’s own business) in any location that does not qualify as a targeted employment area.

immigrant visa is right for you?

So which visa path is right for you?  This is a decision you must make after very careful thought and consideration, and often after seeking the advice and counsel of an expert in the field.

For the purposes of this blog, we will assume that you have determined that under the EB-5 program is the right path for your needs, or that you want to learn about the EB-5 immigrant visa in more detail as part of your decision making process.

To see how others have successfully used the EB-5 immigrant visa you can visit Real Life Stories of EB-5 Immigrants.

 
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Timelines for the EB-5 investment (ll)
June 11th, 2009

When considering the time lines for the , you need to consider a few time lines that all need to be coordinated and work in conjunction with one another.  Those are:

•    Your own personal timeline based upon your and your family’s goals and plans for relocation (we will discuss this further in later blogs).  You should discuss this time frame with your regional center selection and with your immigration attorney, so that you can plan realistically, and then set and reach your goals as promptly as possible.

•    The timeline for searching for the right regional center for you, for conducting due diligence to make sure that it is right for you, for registering with the regional center and investing, and for filing your petition with .  Once again, your EB-5 advisor/ and immigration attorney can prove invaluable in guiding you through these processes and setting a realistic time lines for their completion.  They are familiar with the amount of time that it will take to gather the information from the regional center, to work with the business attorney, , and possibly other business assisting you in the due diligence phase prior to your investment.  Once you will have made your investment, then the work is primarily in the hands of your immigration attorney, and so then it will then come down to his or her time frame for processing your case.

•    The time line for USCIS to process your I-526 petition, and then for USCIS also to process your or for the State Department to process your application for an , is beyond your and everyone else’s control; however, your immigration attorney can advise you of what the current is, and can help you to avoid needless delays due to inadequate documentation or other problems.

Not all of these time lines are set in stone, and so while we can provide you with some idea of what you are looking at in terms of timing and planning, no one can them—these are all beyond any of our control in that regard.  What we can do is present you with a comprehensive understanding of the tasks ahead of you and the relative timeline on which you can base your plans.  This will prove extremely beneficial as you begin to take action, investing and applying for your permanent resident status.

Knowing how the process should go and being prepared to meet the requirements and challenges at every step of the way will make your immigration process go as smoothly as possible, and give you the best preparation for a relatively speedy and successful application.

If you haven’t done so already I would recommend contacting the experts at Which EB5 who can start providing the information and guidance you need.

 
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WhichEB5.com, its owners and associates, do not function as attorneys or legal counsel and do not attempt to interpret immigration law and do not provide or offer legal advice or legal services or investment advice. Anyone considering an Investment based Visa should seek independent professional advice. The information on this site is intended to be general on the subject of the EB5 investment visa green card program and should not be relied upon for any specific situation. Any reference to designated regional centers on this website is posted as reference material only. For legal advice, please contact one of our attorneys. Prior results do not guarantee a similar outcome. Results depend upon a variety of factors unique to each person. Which EB5 is a service of Ireeco LLC 1515 N.Federal Hwy. Suite 300 Boca Raton Florida 33432 USA Telephone: +1-561-771-1330.