Investment Based Immigration

The EB-1C is a first-preference immigration petition, which means that there is currently no visa backlog for this category and priority dates are current. The EB-1C is an employment-based immigration petition designed specifically for multinational executives and managers, and must be sponsored by a U.S. employer.

REQUIREMENTS for EB-1C:

To qualify for the EB-1C, the foreigner must have been employed outside the United States in the 3 years preceding the petition, for at least 1 year by a firm or corporation, and must be seeking to enter into the U.S to continue service to that firm or organization’s affiliated U.S. entity.  Moreover, the alien’s employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the U.S. prospective employer.  The transferee’s managerial or executive duties must be at a high level that involves critical decision-making, supervising, and other job duties that are essential to the livelihood of the business.

The petitioning employer must be a U.S. employer. This employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed the foreigner when he or she was abroad.

PROCESSING:

In addition to collecting all necessary evidence and documentation for the EB1C, the petitioner-employer must file a Form I-140, Petition for Alien Worker. The petitioner must also provide the filing fee, made payable to the U.S. Department of Homeland Security. Premium processing is not available EB1C petition.

DESCRIPTION:

 The EB-5 visa for Immigrant Investors provides a method of obtaining a green card for foreign nationals who invest money in the United States. To obtain the visa, individuals must invest $1,000,000 (or at least $500,000 in a “Targeted Employment Area” – high unemployment or rural area), creating or preserving at least 10 jobs for U.S workers, excluding the investor(s) and their immediate family. The USCIS defines a “targeted employment area” (TEA) as an area which, at the time of investment, is a rural area (not within either a metropolitan statistical area (MSA)), OR an area within an MSA or the outer boundary of a city or town having a population of 20,000 or more which has experienced unemployment of at least 15% of the national average rate.

The foreign investor may consider several investment options for the EB-5 visa. The investor may create an entirely new commercial enterprise, may make investments directly in a job-generating commercial enterprise, or may invest funds into a “Regional Center”, which is a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite number of jobs.

A “Regional Center” is defined as any economic entity, public or private, which is involved with the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment.  Foreign investors may also invest in establishing an EB-5 Regional Center. If the foreign national investor’s EB-5 immigration petition (I-526) is approved, the investor and his or her dependents can apply adjustment of status (I-485) if they are physically present in the US or apply immigrant visa to enter the US. 

The approval of I-485 or landing the US with immigrant visa will grant them conditional permanent residence in the United States valid for two years. Within the 90 day period before the conditional permanent residence expires, the investor must submit evidence documenting that the full required investment has been made and that 10 jobs have been maintained, or 10 jobs have been created or will be created within a reasonable time period. Section 203(b)(5) of the Immigration and Nationality Act (INA) allocates 10,000 EB-5 immigrant visas per year.

 Of these 10,000 immigrant visas, 3,000 visas are reserved for aliens who invest in targeted employment areas (TEA) 3,000 visas are reserved for aliens who invest in commercial enterprises affiliated with Regional Centers.

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