The Future of the EB-5 Visa in Light of Unprecedented Demand: The Effect of Material Changes on Your Investment

The EB-5 investor visa for foreign immigrant investors has never been so highly sought after as a path to a green card and, potentially, citizenship. The reasons for the explosion in demand are numerous, but regardless of these motivating factors, the end result for intending immigrants has been uneven and rather unpredictable. In light of the record number of individuals applying for the EB-5 visa, on August 10, 2015 the United States Citizen and Immigration Services (USCIS) issued a proposed Policy Memorandum regarding a number of considerations and factors that must be satisfied to qualify and remain eligible for the benefits of the EB-5.

Read more

The Future of the EB-5 Visa in Light of Unprecedented Demand: The Investment Sustainment Requirement

As discussed in the previous blog post discussing potential changes to the EB-5 job creation requirement in light of unprecedented demand, the EB-5 visa has never before been so highly sought. Indirect EB-5 projects are administered by the regional center under whose umbrella the project is handled. Some particularly notable projects being financed through EB-5 immigrant investors includes Hudson Yards and Pacific Park located in New York City, Hunter’s Point Shipyard in San Francisco, SLS Las Vegas, as well as the Panorama tower in Miami.

Read more

How Can an EB-5 Entrepreneur Remove Conditions on His or Her Green Card?

Many foreign entrepreneurs and certain family members of the entrepreneur can avail themselves of the pathway to citizenship that the EB-5 immigrant Investor Visa can offer. However, unlike many other pathways to citizenship, the green card initially provided by this program is merely conditional. This means that, absent a petition to remove conditional status, the conditional green card will expire after two years. However, immigrants who can prove that they have satisfied the conditions attached to the EB-5 program will be granted non-conditional legal permanent resident status.

Read more

Can A Troubled Business Be Approved for an EB-5 Visa?

Foreign nationals with significant resources who are seeking a pathway to citizenship are likely aware of the EB-5 visa program. The program is intended to attract immigrants with resources and skills that can help drive economic and job growth. In fact, the conditions of the program require an immigrant investor to make a minimum investment of $500,000 or $1 million into a new commercial venture to create at least 10 full-time jobs for Americans.

Read more

Can an EB-5 Investment Be a Loan?

The EB-5 immigrant investor visa is part of the Immigrant Investor Program that was created by an act of Congress in the early 1990s. The Act was intended to stimulate economic growth and development within the borders of the United States by providing a pathway to citizenship for foreign entrepreneurial investors. The program has widely been hailed as a success both for the United States and the individual investors and it has been reauthorized each year since its 1992 pilot program.

Read more

What Happens if an EB-5 Investment Fails?

The ultimate purpose of the EB-5 Visa (Immigrant Investor Program) is to stimulate the United States economy by promoting job growth through the investment of foreign capital in U.S. companies. Toward meeting this objective, U.S. Citizenship and Immigration Services (USCIS) requires EB-5 investors to invest amounts ranging from $500,000 to $1,000,000, or to invest in specific Regional Centers.  But what are the consequences if the investment falters?

Read more

Do You Qualify for an EB-5 Visa?

The EB-5 visa is an immigrant visa that can allow the citizens of foreign nations to obtain admittance to the United States and provides a pathway to citizenship if they invest a substantial amount of capital into a new U.S. commercial enterprise. For these reasons this visa is sometimes called a foreign investor’s visa or an entrepreneurial visa. However, those who wish to qualify for this visa type must meet certain characteristics and requirements and the investment must also meet certain standards. The experienced immigration attorneys of Colombo & Hurd can explain the process to prospective immigrant investors and handle all aspects of your immigration filings.

Read more