Immigration Law

We have extensive experience in the area of Immigration Law and provide the following services:

Investor Green Cards

EB-5 Regional Center  — The Investment Green Card

The USCIS refers to this category as an Investment Green Card, since it is based on making a substantial financial commitment, in addition to creating employment in the US. The US government has decided to reward foreigners with a Green Card if they help the US economy by creating new jobs.

With a Green Card, one may live anywhere in the US, no matter where the investment is made.

Type of Investment

The EB-5 Regional Center Visa provides the most flexible path to a green card based on a US investment. For example:

• The EB-5 visa does not require the applicant to manage the day-to-day affairs of a business.
• One may invest in an existing business, or a new business.
• More than one person may invest in the same business.
• The EB-5 investor may be a minority owner of the business.

Source of Investment Funds

Funds may come from any legal foreign or US source; including gifts, loans, and divorce settlements. Whoever receives the visa must make the investment. Borrowed investment funds qualify as long as they are not secured by the assets of the target US business.

Regional Center Designation – Indirect Employment Creation

Investors in a Regional Center do not have to have day-to-day management responsibility or prove the business employs 10 people. Instead, they may rely on industry job multiplier statistics. A Regional Center means that direct hiring of employees is not necessary.

Frequently asked questions

Q: Who should invest?

EB-5 investors include people from all walks of life; professionals, business people, persons wanting to facilitate a child's education, and retirees. Because the EB-5 visa permits employment in the US, many EB-5 investors become involved in charity or part time work. Simply put, the EB-5 visa gives you the flexibility to do what you want in the USA.

• If you don't want to actively manage your business, you should consider EB-5
• If you have a US citizen parent or child over 21 years of age, you should consider family class visa categories.
• If you have exceptional skills or are famous you may qualify for a green card based on your skills or fame.
• If you want to manage your own business, consider L-1, E-2, international manager visa categories.

If your goal is to have a green card and not to actively manage a business, it is most often cheaper to utilize the EB-5 category rather than to start and maintain a business.

Q: What documents must I prepare to process my visa petition?

You must prepare complete biographical information for each applicant and the principal applicant must prove the source of the investment funds. To prove the source of investment funds, INS requires five years of tax returns, five years of bank records, proof of ownership in any businesses, financial statements for each business and business licenses. The idea is present a track record of an honest course of dealing. If your capital came from a specific transaction, such as sale of a house, inheritance or gift, you must prove the transaction occurred, by providing an official document, such as a closing statement or contract or other official documents. This is not an exhaustive list. Documents Other documents may be required and vary on a case-by-case basis.

Q: How long does INS take to process my visa petition?

Processing times vary from as little as a few weeks to as much as six months. We can't predict or promise a particular processing time. You should plan for the entire process to take approximately one year.

Important Tax considerations

The United States charges income tax on all US citizens and permanent residents based on worldwide income. Treaties and various exemptions eliminate some but not all of the risk of double taxation. Each state of the United States has its own tax system. All but four states raise revenue through state income tax. Investors should consider the tax effects of becoming a US resident before investing. As a general rule, if you are moving all of your assets to the US you will not have a problem with double taxation. If you will continue working or investing in your home country after moving to the US, a trip to your tax advisor is in order.

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