In this video, attorney Jacob J. Sapochnick Esq., appears on NBC 7 San Diego News to talk about the EB-5 Investor Program. For more information about the EB-5 visa please click here. For a first consultation please contact our office.
Overview:
The EB-5 program was started in the 1990s as part of a pilot program designed to bring foreign capital to the United States by encouraging foreign investors to establish a new business venture or invest in a regional center project. Today, the EB-5 program is a special immigration program designed for foreigners who are interested in investing a significant amount of capital in American businesses and industries, that will create thousands of new jobs for Americans. In this interview, attorney Jacob J. Sapochnick Esq. joins Diana Guevara and Interim President and CEO of the San Diego Regional Chamber of Commerce, Mark Leslie to discuss the advantages of participating in the EB-5 program.
Foreigners who have committed a large investment can become lawful permanent residents through this program by establishing a new commercial enterprise. Investors must provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
For more information about this program, please contact our office.
In this segment, attorney Jacob Sapochnick Esq., discusses the EB-5 visa program and Regional Center investments. For more information about the EB-5 program please click here.
Overview:
What is EB-5?
The EB-5 is a visa that allows an immigrant to obtain permanent residence in the United States based on an investment in a new commercial enterprise. The amount of funds that must be invested will depend on whether the investor will be investing in a project through a Regional Center. Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. To qualify for the EB-5 program, you must either invest half a million dollars in a Regional Center project or invest a million dollars in a new commercial enterprise (regular EB-5).
What is a Regional Center?
A regional center is a government designated program where investors invest up to half a million dollars together and throughout this process gain permanent residency. Currently, there are 864 regional centers throughout the United States, with projects in various different sectors including real estate, energy, export, wineries, etc. EB-5 is a popular program because investors are not required to physically or actively participate in the business they are investing in. They must however, invest funds into a new commercial enterprise or regional center and go through the necessary process.
Investors who are interested in a regional center project must be active in selecting a regional center. Attorneys cannot advise regional center clients on which regional center they should select. Attorneys can however provide general information and the pros and cons of working with a regional center. Attorneys can also warn individuals against making risky investments. Investors must do their homework and learn about the different regional centers and what type of project they would like to invest in. Attorneys cannot be actively involved in this process.
Typically once the regional center provides the agreement to the investor, the investor must sign the agreement and put down a deposit. Afterward, the application process for the EB-5 program begins
First investors must complete the I-526 application. This application allows the investor to obtain a conditional 2-year green card. It is conditional because the government wants to ensure that the funds have been invested and all other requirements of the EB-5 visa program have been met during the first 2 years of the project. If the application is properly filed and the investment funds are legitimate and verified, the I-526 application should be approved within approximately 8 months of filing.
Once the I-526 application is approved, the investor can proceed and file Form I-485 Application to Register Permanent Residence to apply for the permanent residence card. Once the green card application is properly filed it can take up to 6-10 months to receive the conditional green card.
To remove the conditions on the green card, investors must submit the I-828 Petition by Entrepreneur to Remove Conditions before their green card expires.
What happens to the funds at the end of the process will depend from regional center to regional center. Generally, there are ways for investors to get their funds back by selling their share in the project, etc.
To learn more about other types of investment visas please click here. Please call our office for a consultation.
In this segment, attorney Jacob Sapochnick Esq., explains why we do what we do at the Law Offices of Jacob J. Sapochnick. For more information about our office and the services we provide please click here.
Overview:
Since 2004, we have efficiently and conveniently served our clients located across the United States and around the world through the use of cutting-edge technology and other innovations, always maintaining the personal connection you have come to expect from us.
You can express your interest, or schedule an appointment by emailing us at info@h1b.biz. We are excited to expand our ability to help many more of you, as you seek to achieve your American dream of living and working in this great country, a nation of immigrants.
Looking back, it is hard to narrow the reasons for our firm’s success. So much goes into that, but the main three ingredients have to be the lawyers, staff and clients. I am amazed at the enduring relationships we have with our clients.
Our office has been blessed with a staff that is motivated, efficient and very capable. I also think it important that they are compassionate for our clients’ issues – this is more than a job for us all – it is a calling.
To learn more about our dedicated staff members please click here.
Want to know what’s new on the November Visa Bulletin? In this segment attorney Jacob J. Sapochnick discusses the new changes including the dual chart system, family-based preference categories, and EB visa updates for China, India, Mexico, Philippines.
For more information on the Visa Bulletin click here.
In this post attorney Jacob J. Sapochnick discusses the new changes to the October visa bulletin and how these changes can affect your family based or employment based petition.
The October 2015 Visa Bulletin from the U.S. Department of State shows a newly revised system of dual cutoff dates.
As of October, the visa bulletin contains a new, separate cutoff date chart for filing the application for adjustment (form I-485). The cutoff dates in the filing chart are much later than the final action cutoff date chart.
For example, the employment-based, second preference (EB2) for China’s cutoff date for filing in October is May 1, 2014, while the cutoff date for final action is January 1, 2012.
This is a HUGE change, effective as of October 1, 2015, and applies to both the employment-based and family-based categories.
In this episode, attorney Jacob J. Sapochnick, discusses one of our most frequently asked questions: What is the importance of Business Plans for E-visas and how can they improve an E-visa application?
In this video Attorney Jacob J Sapochnick Esq. clarifies the differences between the EB5 Regional Center process and the individual EB5 project
The major advantage of the regional center as compared with an individual EB-5 investment is that indirect employment creation is allowable. In many cases, the sole remaining issues are tracing the funds from the investor to the regional center and proving the lawful source of the investor’s funds. This eliminates the need to deal with the many complicated issues involved in an individual EB-5 petition for which the investment enterprise has not been pre-approved, such as whether the investment entity qualifies as a “new commercial enterprise;” whether the investment is in a “troubled business;” and whether the requisite “direct employment creation” has taken place.
In addition, the regional center option is advantageous because: The foreign national can live anywhere he or she wishes in the U.S.; The foreign national can work anywhere he or she wants; or not work, as he or she pleases; The foreign national’s children may stay in the U.S. and study in the U.S.; and The foreign national can travel in and out of the U.S. as frequently as he or she desires.
Please click here to see our Power Point EB5 presentation
Immigration Lawyer Blog
