Our attorney is highly experienced in EB-5 cases, both indirect investment immigration cases through a regional center and direct investment immigration cases. We are the only Chinese immigration law firm in the U.S. that is partnered with Shanghai Huijia, a leading Chinese immigration agency which handles hundreds of EB-5 cases each year and has ten branches across China.
Immigration visa seminars will be held periodically in the South Bay and East Bay. Please call our office in advance to make an appointment.
General Information for EB-5 Investors
Investment immigration law in the U.S. originated in an act of Congress enacted in 1990, which designated a new category of employment-based immigration visas for foreign investors called EB-5 (Employment-Based Fifth Preference). The legislative purpose was to attract foreigners to invest in the United States by providing a way for them to attain U.S. permanent residency (green card) by doing so. The key requirements are that each investor’s investment reaches a certain minimum amount and that each investor’s investment leads to the creation of at least ten full-time jobs. The normal minimum investment amount is US $1 million, but in certain high unemployment regions and rural areas, the minimum amount can be reduced to $500,000. The annual quota for EB-5 immigrant visas, as set by law, is 10,000.
In 1993, Congress altered its investment immigration law and launched the Regional Center pilot program, which allows an EB-5 Investor to invest in a USCIS-certified “Regional Center”. Compared to the direct investment model, the most significant advantage of the regional center model is that job creation need not be limited only to direct job creation: jobs created indirectly by the investor’s investment may be counted towards the job creation requirement.
The eligibility criteria for EB-5 applicants are rather loose, as potential EB-5 investors are not subject to any business background, language, or education constraints. The key requirement is to prove that the source of the investment funds is lawful. The source of funds may include individual income, capital gains, loans, gifts, or other sources as long as they are verifiably legitimate. The primary EB-5 applicant’s family (spouse and unmarried children under 21 years of age) may simultaneously immigrate with the primary applicant.