Direct Investment as an EB-5 Visa Path

 

With EB-5 regional centers being the most popular avenue for EB-5 visa applicants, many do not realize that direct investment as a path for obtaining an EB-5 visa holds many opportunities as well. In fact, the direct EB-5 investment pathway is underutilized among foreign nationals seeking an EB-5 visa. What is even more notable is that while the regional center program must be reauthorized by Congress, and thus is currently not a permanent option for seeking an EB-5 visa, the direct EB-5 investment option is a permanent law. This means that, absent some affirmative action by Congress to repeal the law, is the direct EB-5 investment pathway will always be available to immigrant investors.

Passive versus Active EB-5 Investment

Part of the appeal of the regional center program is that EB-5 regional centers allow EB-5 investors to take a more passive approach to investing funds. For many visa seekers, this is simply an easier way to invest, and that is understandable. Perhaps that is why over 95% of EB-5 visas granted each year are given to investors choosing to utilize the regional center program. However, for those who wish to utilize direct investment, it is not nearly as difficult as one might assume. It’s true that direct investment projects often require more involvement, but for many investors, that winds up being a very good thing. It is also possible to structure direct EB-5 investments as a type of passive investment.

A Multitude of Opportunities – Franchises

By using the direct EB-5 investment option, EB-5 visa applicants have a wider variety of opportunities to pursue. One of the best avenues is to become a franchisee for a brand well-established in the U.S. There is a huge benefit to investors who pursue this choice, as franchises make a great deal of information available to potential investors ahead of time (i.e. franchise disclosure documents and other public records). Compared to the information typically available through EB-5 regional center investments, the franchise route may offer a greater chance to evaluate success. In addition, franchising is regulated by both federal and state governments; in most cases far more so than passive regional center investments. Many franchises typically undergo regular audits and provide annual (or other regularly-scheduled) updates to investors. The investor also retains more control over the course of a direct EB-5 investment.

There are some drawbacks to using direct EB-5 investment as a path to the EB-5 visa, but many advantages also exist. The best advice is to have an experienced EB-5 visa attorney evaluate your particular situation. Call the expert EB-5 lawyers at David Hirson & Partners, LLP today to discuss your options with us.

 

Telephone: (949) 383-5358            Email: info@hirson.com            Website: www.Hirson.com

Things to watch for in EB-5 extensions; contact an experienced immigration attorney at Hirson & Partners, LLP

3 Things to Watch in the Future of EB-5 Visas

The EB-5 Immigrant Investor Visa program begun in 1990 as a federal program to promote job and economic growth here in the U.S. by tying foreign investors and capital investments in qualifying projects in the U.S. These foreign investors were then given a path to a green card in return for their investments into the U.S. economy which are directly tied to creating at least 10 full-time positions for U.S. workers. While it was little-used at first, during the Great Recession of the late 2000s and early 2010s, EB-5 investment funds became an important source of capital funding during a time when bank financing and other types of traditional credit dried up.

Since 2015, Congress has repeatedly attempted to modify the EB-5 program in one way or another, but has thus far fallen short of implementing any change and has simply extending, the program as is. The latest extension, in March of this year, has caused U.S. developers and investors to look elsewhere for funding to complete projects. The following are three things to watch for (and be aware of) as we wait to see how the EB-5 program changes in the near future.

Some developers will hesitate on future projects.

Although this is to be expected, there are developers this year who may wait to initiate projects they had hoped to fund by EB-5 investors. Some of these developers are simply waiting until the end of the current six-month extension to see if Congress extends the EB-5 Regional Center Program yet again or substantially raises the minimum investment amounts, while others are looking elsewhere for project funding. The good news is, developers with projects already underway using EB-5 funds are typically still operating with a “full steam ahead” mentality.

Projects may seek less EB-5 funds in the future – or not.

Some projects are likely to seek less EB-5 funding out of caution of the changing program; however, EB-5 remains a consistent and important driver of these projects. The percentage of development funds that originate from the EB-5 program tends to grow larger as the scope of the project grows larger. In relatively small development projects, such as those with a total budget under $40 million, it is not uncommon to see only around 20-30% of funds coming from the EB-5 Visa program.

Existing projects may scramble to raise EB-5 funds during this latest extension.

Some good news for investors is that developers currently in the midst of fundraising for projects are viewing this latest extension as a golden opportunity to get investors in at the current minimum amounts before there is any chance of the U.S. government raising the minimum investment amounts. Investors who can get their required funds and application materials in order prior to the end of the current extension are encouraged to do so, since it could be the last chance to invest at the $500,000/$1,000,000 levels. While the construction industry is optimistic about the future of EB-5, now may be the best time to invest, since it is unclear when the U.S. government will increase the investment amount for the program or enact changes to the program. Failure to extend the EB-5 Regional Center Program could be fatal to EB-5 Regional Center project investors who have not yet been admitted as conditional permanent residents

One of the best decisions a potential EB-5 investor can make is to partner with an experienced EB-5 attorney working on their behalf, long before their application is drafted or filed. Whether you are committed to the EB-5 program or just considering it as one of many avenues, call David Hirson & Partners, LLP. Our attorneys are experienced immigration attorneys who have helped a multitude of investors successfully navigate the EB-5 and other U.S. visa programs.

Telephone: (949) 383-5358      Email: info@hirson.com      Website: www.Hirson.com

EB-1, EB-2, EB-3: Learn the Difference in These Immigrant Visas [Infographic]

As a law firm focused on corporate and family immigration, our highly qualified immigration lawyers are often asked to explain the differences between different visas, specifically various business immigration visas. While all employment-based visa programs allow skilled foreign nationals to come work in the U.S., there is a vast difference in requirements between the EB-1, EB-2 and EB-3 visas. Indeed, there can be very significant differences even within the subcategories contained within each visa type. Scroll down to see some of the major similarities and differences between the EB-1, EB-2, and EB-3 visa programs.

EB-1 Visa Program

The EB-1 visa program is aimed at priority workers. There are 3 subcategories under the EB-1 visa: EB-1A (aka EB-1-1) for those with extraordinary abilities, EB-1B (aka EB-1-2) for outstanding professors and researchers, and EB-1C (aka EB-1-3) for multinational managers or executives. In general, all EB-1 applicants (regardless of subcategory) are often distinguished experts in their field, whatever that field may be, or those who are top management in their company and are trying to transfer to the U.S. The EB-1 visa can be one of the most difficult EB visas to obtain. Very few are admitted into the U.S. under the EB-1A and EB-1B subcategories, while slightly more applicants, in comparison, are successful in meeting the somewhat lesser standards required under EB-1C. Successful EB-1 applicants typically show extraordinary ability in the arts, sciences, education, or athletics. Alternately, they may be in the top management of a company with operations both in the U.S. and abroad. An applicant under the EB-1 program must demonstrate their willingness and capacity to continue their work and/or research in the U.S.

EB-2 Visa Program

If a potential applicant has an advanced degree or significant expertise in their area of work or study, they may apply under the EB-2 visa program. The requirements for this program are not as stringent as EB-1, although the benefits are also not as great (especially for applicants from China and India). There are two main subcategories for EB-2: those with an advanced degree and those with exceptional ability. Most applicants under the EB-2 visa program must have their petitions submitted by a potential U.S. employer, but some may self-petition under the National Interest Waiver (“NIW”) subcategory.

EB-3 Visa Program

The EB-3 visa program is the lowest qualification program out of the three covered in this blog post. While the good news is that qualifying under EB-3 is easier than EB-2 and EB-1, the bad news is that there is significant backlog for nationals applying from certain countries, waiting 10 years or more for visa availability. There is also no self-petition for an EB-3 visa. This category covers skilled workers with 2 years of training or work experience, unskilled workers, and professionals.

To learn more about these and other employment and investment visa programs, contact the corporate immigration lawyers at David Hirson & Partners, LLP. Our experienced lawyers will work with you from choosing the right program all the way through submission of the petition and beyond.

Telephone: (949) 383-5358      Email: info@hirson.com      Website: www.Hirson.com

“Round the World” Investment Immigration

The landscape of U.S. immigration is changing more now than it has in the past 25 years. One area that is markedly feeling change is corporate investment immigration. The idea that successful foreign business people can bring their business talents, expertise, and funds into the U.S. has a certain logical appeal; this has been the guiding thought behind the EB-5 immigrant investor program. For a $500,000 or $1,000,000 investment into a qualifying business/project, a foreign national and his/her immediate family members could be granted a green card in exchange for creating at least ten full-time jobs in local U.S. economies. The overwhelming majority of foreigners who have participated in the EB-5 program were born in mainland China. Unfortunately, these Chinese nationals have created a significant backlog in the EB-5 program, extending the processing times for all EB-5 applicants. Long processing times, in turn, make the program less appealing to foreign nationals who are considering various immigration programs for their families.

 

There have been a number of additional factors causing the downfall of the EB-5 immigrant investor program in China (even though this program has been creating thousands of much needed full-time jobs for hard-working U.S. workers). First (as mentioned above), the large number of Chinese-born applicants have utilized all of their available federally-mandated allotment of EB-5 visas each year. Second, there is a lot of uncertainty in the program due to Congress repeatedly trying, and subsequently failing, to “modernize” and make permanent the EB-5 visa program. The EB-5 industry was unable to unify in a strong front to bring the program and industry together to create a better program. Third, the Chinese national government has made it extremely difficult to move large amounts of funds outside of China (no matter the reason).

 

Due to the federally mandated limit on the number of EB-5 visas that are allotted each year, with a secondary limit on how many EB-5 visas are allotted per country as well, Chinese applicants who apply for an EB-5 visa today are now facing a wait time of approximately ten to fifteen years before they can bring their families to the U.S. This extended wait time has led to the rise of a certain phenomenon that we can call “’round-the-world immigration”: where a Chinese national “immigrates” to a county that is: 1) “selling” that country’s citizenship for money (which the U.S. does not do), and then 2) uses this second country’s citizenship to apply for an E-2 investor treaty visa (since China does not have E-1/2 treaty status with the U.S.). (An E-2 visa applicant makes a “substantial investment” into a U.S. company, boosting the U.S. economy. Note: “substantial investment” is not defined and is based on the facts of each case, including the ration of investor equity the whole of the business.)

 

While this process is lawful, it is possible that U.S. consular officers will deny Chinese immigrants who apply for a trade treaty visa by way of a Grenada (or similarly “purchased” citizenship) passport when the applicant is clearly Chinese and not Grenadian. The other complication here is that Chinese citizens legally forfeit their Chinese citizenship as soon as they obtain citizenship in another country. As such, the “foreign” Chinese national would be required to have a Chinese visa in his/her Grenada passport in order to be legally present in China to meet with the U.S. consular officer. When the “foreign” Chinese national is unable to present the immigration officer with a valid Chinese visa, the officer could then deny the E-2 petition and not allow the Chinese national into the U.S. based upon not having jurisdiction to adjudicate the case.

 

After facing such a denial, and not having many other options, many foreign nationals and their families decide to give up immigrating to the U.S. They are effectively giving up on their “great” American dream and end up not being allowed the chance to add to our nation’s strong entrepreneurial spirit. Our nation’s President seems to be set on making all immigration into the U.S. frought with hurdles that take years (if not decades) to overcome. In the meantime, other nations are welcoming entrepreneurial immigrants into their borders with open arms.

 

Should the U.S. be making it so difficult for good, law-abiding, hard-working, enterprising, and successful immigrants into our “Nation of Immigrants”? It may be that we should all take a moment to remember where we and our forefathers came from, a majority of whom crossed the oceans looking for a better life for their families and business ventures in a new land. What state would our nation be in if not for the immigrants who came to the U.S. and contributed to the rich fabric of our nation and its economy? One could argue that the U.S. is missing out on great contributions from people who have been successful in a wide variety of areas in the nations of their birth.

 

Contact an Experienced Immigration Lawyer

 

There are critical nuances in each of these visa categories and it is extremely important to obtain expert advice and planning. If you are contemplating bringing foreign investors into your business, or you are a foreigner planning to open a business in the U.S., consult with our experienced immigration lawyers at David Hirson & Partners, LLP. Our team of immigration experts will expertly guide you along the immigration path that best meets your business and family needs.

 

www.Hirson.com                             Tel: +1 (949) 383-5358                                    info@Hirson.com

 

* The information provided in this article is for informational purposes only and is not legal advice. Please consult with a licensed attorney regarding your specific circumstances.

 

David Hirson, Esq. is the managing partner of David Hirson & Partners, LLP. David has over 35 years of experience in the practice of immigration law.  Although he practices in almost all areas of immigration law, including family law immigration and all aspects of business law immigration, he is internationally recognized as an expert in EB-5 investment immigration law. He has been certified as a Specialist in Immigration and Nationality Law by the State Bar of California, Board of Legal Specialization continuously since 1990. As an immigrant from South Africa to the U.S., he is personally aware of what immigrant families and entrepreneurs go through.

 

This article was originally published in the June 18, 2018 issue of the Orange County Business Journal.

David Hirson, Esq. and Eric Dominguez, Esq. Recognized as 2018 Super Lawyers

David Hirson & Partners, LLP is proud to have two attorneys listed as 2018 Super Lawyers®. David Hirson, Managing Partner, and Eric Dominguez, Partner, have both been recognized by their peers and independent research as lawyers who actively work for the betterment of their clients and the legal profession. Both have been selected as Super Lawyers for multiple years in a row. Super Lawyers also recognizes Eric as a Southern California Rising Star under 40.

   
See the Super Lawyers listings. See the Super Lawyers listings.

Super Lawyers®, an affiliate of Thomson Reuters®, defines Super Lawyers as attorneys who contribute to scholarly writings, leadership positions, community engagement, etc. Super Lawyers® has a patented selection process which includes: 1) nominations by peer attorneys, 2) independent third-party research of each nomination, 3) peer evaluation by a highly credentialed panel of attorneys, and 4) final selection of top 5% to be Super Lawyers and only 2.5% of attorneys selected to be Rising Stars.

Congratulations, David and Eric!

David Hirson & Partners and Baker Tilly Capital: EB-5 and Foreign Wealth Management Seminar

A panel discussion for legal practitioners and service providers on navigating EB-5 program requirements and critical investment, tax and estate planning considerations for U.S. inbound clients.

Tuesday, June 12, 2018

4 – 7 p.m.

Location: The Westin Bonaventure Hotel & Suites

404 S Figueroa Street Los Angeles, CA 90071

Complimentary seminar

Note: CLE credit is pending approval.

 

With 10,000 green cards per year issued to participants in the U.S. EB-5 program, many immigrant investors are obtaining U.S. permanent residency. But before your client boards a plane and relocates to the U.S. there are critical investment, tax, estate and wealth planning considerations. Making informed decisions at the onset will protect your clients’ quality of life and that of their family members when they arrive in America.

Join Baker Tilly Capital and David Hirson & Partners for a valuable overview on investing through the EB-5 program and global mobility considerations for foreign nationals immigrating to the United States, as well as new green card holders.

Attendees will gain a thorough understanding of the continually changing EB-5 program and the many tax and personal financial planning challenges faced by foreign nationals immigrating to the U.S. The goal is to help advise high net-worth individuals on understanding the larger impact of their EB-5 investment and relocation decisions, and most importantly provide them with solutions to mitigate risk and improve success.

Discussion points to include:

  • EB-5 overview and legislative update
  • The role of the broker dealer in EB-5 transactions, complying with U.S. securities laws and the rules of professional ethics
  • Common NOIDs, RFEs, and adjudication trends
  • Overcoming investor hurdles (source of funds, money transfer, etc.)
  • New markets

This panel discussion is geared towards legal practitioners and service providers seeking to help make their high net-worth clients’ transition to the U.S. smoother and more economically advantageous.

Register for this event now.

Benefits of Using an L-1 Visa to Start/Grow Your Business in the U.S. [Infographic]

 

The L-1 visa program gives employers an avenue to grow their business in the U.S., either by expanding an existing U.S. office or establishing a new one. This program is aimed at high-level employees such as managers and specialists. There are two subcategories to the L-1 visa. The first is L-1A, which is designed for workers such as managers and executives of all types. The second is L-1B, which focuses on workers with specialized knowledge. When utilized properly, the L-1 visa can be an advantageous program for workers and employers.

 

 

Benefits to the Worker in the L-1 Visa Program

Unlike the annual caps placed on the H-1B program, which limits how many applications are approved each year, the L-1 visa does not have a congressional or statutory limit. While there are any number of reasons that an L-1 application can be rejected, including not following proper steps in the application process, at least there is no danger that an application will be rejected due to the sheer number of L-1 applications received so far that year.

Workers who come into the U.S. through the L-1 visa program can even bring their spouses and dependents. Not only that, but spouses of the L-1 visa holder can obtain Employment Authorization Documents allowing them to also work in the U.S. This increases household income and also household spending.

Benefits to the Employer in the L-1 Visa Program

Compared to other visa programs, the L-1 visa may have requirements that are easier to fulfill. If the U.S. company is already operating, no substantial investment by the employer is required, other than costs associated with the application itself and the continuing cost of paying the worker’s salary. Many workers who cannot qualify for other programs can still qualify for the L-1 visa.

If the employer does not currently have a U.S.-based office of operations, the L-1 visa program can be utilized to establish one. An experienced L-1 visa attorney can explain the restrictions on using the L-1 visa program in this way, but when used correctly it can be extremely advantageous to the business owner. The experienced corporate immigration attorneys at David Hirson & Partners, LLP can advise you on starting your U.S.-based operations in connection with and L-1 visa.

If you have questions or concerns on utilizing the L-1 visa program, call David Hirson & Partners, LLP, an experienced business immigration law firm. We regularly assist clients in obtaining business visas of all types for themselves and their employees. Contact us today for help with your application process.

Telephone: (949) 383-5358       Email: info@hirson.com       Website: www.hirson.com

Fast Facts on the E Treaty Visas Program

The E Treaty Visas program is one of the most popular ways for foreign nationals of countries that have trade treaties with the U.S. to come live and work in the U.S. Some of the countries whose citizens qualify for E Treaty Visas include: Argentina, Canada, Finland, Germany, Iran, Italy, Mexico, Norway, Pakistan, Philippines, Singapore, Sweden, United Kingdom, and Austria. All of these countries, and others, have maintained treaties with the U.S. promising mutual trade and investment.

What are the E Treaty Visas?

E Treaty Visas are non-immigrant visas. This means that it allows the holder to enter the U.S. legally and work for their designated employer, but it does not put the holder on the path to legal permanent residency and U.S. citizenship. In addition, the holder must be a citizen of a qualifying treaty country.

There are two E Visas: the E-1 Treaty Trader Visa and the E-2 Treaty Investor Visa. Generally speaking, the E-1 Visa is for foreign employees of foreign companies that engage in substantial trade principally between the U.S. and the foreign-owned company’s treaty country. The E-2 Visa is for foreign nationals who invest a substantial amount of capital in return for at least 50% ownership or operational control into an operating company in the U.S.

What are the necessary employee qualifications under the E Visa?

Proposed foreign employees must meet certain criteria. For starters, the employee must originate from the same home country as their employer. In addition, they must fall either into the category of manager/executive or that of an employee with specialized skills.

How long does an E Visa stay last?

It is important to note that an E Treaty Visa applicant has two avenues through which to apply: 1) U.S. Immigration and Citizenship Services (“USCIS”) and 2) the U.S. embassy in a foreign treaty nation. The duration of an E Visa depends on which application avenue is used and the reciprocity agreement between the U.S. and the foreign nation. Luckily, unlimited multi-year extensions are available under this program.

Must an employee under the E Visa stay within the U.S.?

There are no travel restrictions under the E Visa program, which means that the employee can visit their home country as often as they like and still come back into the U.S. – as long as they maintain their good status in the program.

Who can enter the U.S. with the applicant?

One of the best aspects of the E Visa program is that the employee can bring family members with them to the U.S. Spouses and unmarried children under 21 years of age can be brought along, and can potentially work in the U.S. themselves.

Applying for the E Visa program involves many moving parts, and to assure your best chance of success, you should have an experienced immigration lawyer on your side. Call the E Visa lawyers at David Hirson & Partners today to discuss your options with us.

Telephone: (949) 383-5358       Email: info@hirson.com       Website: www.hirson.com

EB-5 Retrogression and Vietnam: Answers to the Most Frequent Questions

 This post is created to answer the following:

  1. What is EB-5 retrogression?
  2. What will happen at the end of the fiscal year to visas that have not been used and how will they be allocated to the “oversubscribed” nations such as China and Vietnam?
  3. How long will retrogression for Vietnam last and why is July 22, 2014 the cut-off date?
  4. What is the impact of retrogression on children who are close to turning 21 at the time of I-526 filing?

Each question is answered, in order, below:

 

  1. General EB-5 Retrogression

Visa Allocation

10,000 visas are allocated annually for the EB-5 category and applicants from all countries are treated equally until it appears that the entire annual allocation will be used up during the fiscal year. When this happens, applicants from countries that use more than seven percent (7%) of the worldwide total (also known as “oversubscribing countries”) must wait for a future year’s allocation to be available before they can obtain a green card.

 

7% Cap

This does not mean that 7% of visas are set aside annually for each country in the world. Nor does this mean that any single country has only 7% of allocated visas annually. All this means is that any one country’s allocation is capped at 7% so long as other countries are taking up available visas. When other countries are not competing, then any visas that are “unused” are allocated to the waiting line in a first in first out (“FIFO”) order exclusive of per-country limits.

 

Exceeding the 7% Cap

When more than one country exceeds the 7% cap, then the oversubscribed countries are issued cut-off dates designed to let applications from not-oversubscribed countries proceed first. Once qualified applications from other countries have been accommodated, then simple FIFO order is instituted, i.e. oldest priority dates get the first visas until all visas for the year are taken, China being the biggest benefactor.

 

  1. Allocation of Unused Visas for Vietnam

Currently, China is at the head of the line for leftover visas, since it has been held back for years and thus applicants from China have the oldest applications on file. Applicants from Vietnam will now find themselves behind longer-pending Chinese applicants as per the FIFO rule discussed above.

 

Given the situation that Vietnamese applicants are not faced with, the positive is that Vietnam will at least receive 7% of visa allocations a year when they need it and likely will not exceed that cap by very much. If an applicant from Vietnam is held back this year, then he or she will be one of the older Vietnamese applications next year and therefore in a favorable position to receive one of the 700 new visas available to Vietnam at that point. Vietnamese applicants will not necessarily be able to rely on receiving a visa left over from the rest of the world, since thousands of Chinese applicants have earlier claim on any leftover visas.

 

  1. July 22, 2014 Cut-Off Date

As of the May 2018 Visa Bulletin, only Vietnamese EB-5 applicants who filed before July 22, 2014 will be eligible to receive an EB-5 immigrant visa. Please see below:

 

The Department of State, who is responsible for establishing cut-off dates, does not release how priority dates/cut-off dates are calculated or even when and how the priority date will shift. Each month, we check the visa bulletin to check and see if dates are progressed, however, until then, we are working with EB-5 priority date of July 22, 2014 for Vietnamese applicants.

 

  1. Impact on Children Reaching 21

As you are aware, once a child reaches the age of 21, he or she is no longer eligible for immigration benefits based on their relationship to the primary parent applicant. This is known as “aging out.” For applicants whose children are close to aging out, the Child Status Protection Act (CSPA) provides relief in some cases, but not in all.

 

CSPA

CSPA was created by the U.S. Congress to prevent children from aging out during the USCIS petition approval process. This Act, freezes a child’s age on the date the I-526 is filed through the date the petition is approved. The law allows the child to deduct the time the petition took to be adjudicated from his or her actual age, which allows the child to remain under the age of 21 at the time of applying for an immigrant visa abroad or filing for adjustment of status in the U.S. Once the I-526 petition is approved, the child’s age unfreezes and he or she must seek to acquire permanent residence within one (1) year of a visa becoming available.

 

Effect of Retrogression

However, when EB-5 retrogresses for a country such as Vietnam, protecting under CSPA becomes more complicated. If the period of retrogression is less than the period of USCIS I-526 adjudication, a child who has turned 21 will likely still be able to immigrate with his or her parent. However, if the visa cut-off date is too far back, the child may still “age out” even after using CSPA to reduce the child’s age. An analysis of CSPA will need to be conducted on a case by case basis at the time of filing Form I-526.

 

Please note, this post is created solely as general information. You should consult a licensed attorney for legal advice to determine the best course of action for your situation. The experienced EB-5 attorneys at David Hirson & Partners, LLP are available to help you.

 

Telephone: (949) 383-5358       Email: info@hirson.com       Website: www.hirson.com

 

The Final Step in EB-5: Getting Your Form I-829 Petition Approved

The last step for investors in the timeline is getting their I-829 petition approved. This involves a fair amount of work and organization, since the petition must show that all requirements of the EB-5 visa, including job creation and project’s progress towards completion, have been met. However, once these milestones are met, an EB-5 visa petitioner can finally be on their way to legal residency and, eventually, U.S. citizenship in the future.

 

Luckily, EB-5 regional centers help with putting together the necessary compliance documents for I-829 approval. In addition, working with an experienced EB-5 immigration lawyer is crucial to making sure that every step of the immigration process and each document is done in the right order to ensure maximum chance of I-829 approval.

 

Job Creation Requirements

One of the most crucial aspects of the I-829 approval process is proving that the required 10 full-time jobs per investor were created during the proper timeframe. The EB-5 regional center and investors, along with their EB-5 immigration attorneys should review the economic analysis first submitted to USCIS in the I-526 petition and compare that to how the project was completed. Were all of the project’s funds spent in the same economic input categories as originally contemplated? If there were significant differences between the original project plans (and associated economic analysis inputs), the involved parties should consider obtaining a revised or new economic impact analysis. This could have an impact on the number of jobs created by the project and jobs credited towards and EB-5 investor’s job creation requirement.

 

Timing

An EB-5 investor has a specific window of time in which to file his or her I-829 petition. This petition and all necessary evidence must be submitted between the day the two-year conditional permanent status in the U.S. expires and 90 days prior to that date. An EB-5 lawyer should be involved with preparing to file the I-829 petition some time before the 90-day window starts. The experienced EB-5 attorney knows how to evaluate economic analyses and other necessary documents prior to submission.

 

Whether you are nearing your I-829 application, or you still have some time before your conditional permanent residency ends, consider a call to David Hirson & Partners, LLP. We are an experienced EB-5 immigration law firm focused on the needs of investors in this and many other visa programs. Contact us today for help with your application process.

 

Telephone: (949) 383-5358      Email: info@hirson.com      Website: www.hirson.com