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EB-5 Investment Visa

EB-5 Immigrant Investor Program Rules are Changing

On June 22, 2021, the U.S. District Court for the Northern District of California vacated the EB-5 Immigrant Investor Program Modernization Final Rule, meaning that USCIS is applying the EB-5 regulations that were in effect before this rule took effect back in November of 2019.

Several changes made to the EB-5 Investor Program in November of 2019 by the Trump’s administration are no longer in effect:

  • Providing priority date retention to certain EB-5 investors;
  • Increasing the required minimum investment amounts to account for inflation;
  • Reforming certain targeted employment area (TEA) designations;
  • Clarifying USCIS procedures for the removal of conditions on permanent residence; and
  • Making other technical and conforming revisions.

Priority Date Retention

  • Certain immigrant investors will keep the priority date of a previously approved EB-5 petition when they file a new petition.

Increased Minimum Investments

  • The standard minimum investment amount has increased to $1.8 million (from $1 million) to account for inflation.
  • The minimum investment in a TEA has increased to $900,000 (from $500,000) to account for inflation.
  • Future adjustments will also be tied to inflation (per the Consumer Price Index for All Urban Consumers, or CPI-U) and occur every 5 years.

Targeted Employment Area (TEA) Designations

  • We will now directly review and determine the designation of high-unemployment TEAs; we will no longer defer to TEA designations made by state and local governments.
  • Specially designated high-unemployment TEAs will now consist of a combination of census tracts that include the tract or contiguous tracts in which the new commercial enterprise is principally doing business, including any or all directly adjacent tracts.
  • Provided they have experienced an average unemployment rate of at least 150% of the national average unemployment rate, TEAs may now include cities and towns with a population of 20,000 or more outside of metropolitan statistical areas.
  • These changes will help direct investment to areas most in need and increase the consistency of how high-unemployment areas are defined in the program.

Clarified procedures for the removal of conditions on permanent residence

  • The new rule specifies when derivative family members (for example, a spouse and children whose immigration status comes from the status of a primary benefit petitioner) who are lawful permanent residents must independently file to remove conditions on their permanent residence;
  • The new rule includes flexibility in interview locations; and
  • The new rule updates the regulations to reflect the current process for issuing Green Cards.

    Common Questions

    How Can I Successfully Apply for an EB-5 Visa?

    As there are multiple qualifications needed to find success in an application to the EB-5 investor program, you will need to have in-depth knowledge both before and during the process. It’s not enough to simply have done all of the actions that would qualify you for an EB-5; you must prove that you qualify. Additionally, hard-to-define terms like “troubled businesses” and “indirect jobs” will need to be proven in order to qualify when these are part of the application.

    The evidence and records gathered and presented properly by our team will help you find success in your case and avoid legal complications both now and in the future. The investment needed for EB-5 qualification takes time, effort, and devotion, so should your application.

    RFEs/Denials? We Can Help

    No matter how carefully your EB-5 project is planned out and executed and how great your product is, certain factors, both within and beyond your control, may adversely affect your project. The United States Citizenship and Immigration Services (USCIS) may deny your I-526 or I-829 case, or you may be sent a Request for Evidence (RFE) at a time when you’re struggling to meet the program’s criteria due to the normal ebb and flow any business undergoes, especially startups. Whatever the circumstances, we can use our in-depth knowledge of the EB-5 program and the various case requirements to help you present your business to the USCIS in the most favorable light, and save you valuable time, money, and effort in the process.

    We’ll Be Your Guides

    The EB-5 program requirements and pathways are as numerous as they are complicated. As your legal representatives, we will help you draw up a roadmap that details the best possible route to an investor visa for you. We will also facilitate the application process from beginning to end by performing the following services:

    • Obtain, evaluate, and present information and documentation regarding the lawful source of funds;
    • Assist in the purchase of equity stakes in an investment fund set up by a regional center;
    • Obtain and evaluate documentation related to the path of funds to the regional center project;
    • Prepare and file an I-526 petition;
    • Prepare and file a conditional immigrant visa application or application for adjustment of status to conditional permanent resident;
    • Ensure that EB-5 qualifications are met;
    • Respond promptly to any and all questions regarding the EB-5 process; and
    • Prepare and file an I-829 condition removal petition.

    In short, our experienced investor visa lawyers will help you expedite the process and avoid unnecessary delays in order to get your business launched as soon as possible.

    EB5 Green Card Investor

    About Us

    At the Immigration Law Office of Los Angeles, P.C., we have helped countless investors start their own business or invest in or restructure an existing one in Los Angeles County and all across the nation. With many years of experience in immigration law under our belt, we can help you navigate the complex EB-5 program and get you started on your new venture in an efficient and cost-effective fashion.

    With the aid of attorney Linda Lee and her associates at the Immigration Law Office of Los Angeles, P.C., you can better understand the right path to securing EB-5 qualification for your business in the United States. By calling our office at (213) 375-4084, you can get invaluable insight into your best options in a low-cost, comprehensive consultation with one of our dedicated legal team members.

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