EB5 Visa

The EB5 Immigrant Visa Program is a complex immigration program. EB5 United Big Sky II LLC has a breadth of experience representing and working with every stakeholder in the EB5 visa program, including investors, regional centers, and project developers.

EB5 INVESTOR SERVICES

The EB5 Immigrant Investor Program is a permanent residence option for wealthy individuals from any country. For many foreign nationals, it is the best option, and for foreign nationals with no family or employment sponsorship in the U.S., it may be the only option for obtaining permanent residence status.

The EB5 Investor Immigrant category requires an initial investment of at least $800,000 or $1,050,000 (depending on the project’s location) in a new commercial enterprise that will result in the employment of ten full-time U.S. workers. Direct EB5 projects require the investor to invest in a business that will employ 10 full-time U.S. worker employees. Regional center EB5 projects allow for the employment creation to be indirect or induced jobs based on economic projections. For both, it is critically important that investors be able to provide documentation of the lawful source of the investment funds.

EB5 United Big Sky II LLC’s seasoned and renowned EB5 immigration attorney team has helped thousands of foreign nationals successfully navigate the EB5 investor program to obtain conditional and permanent residency in the United States. The EB5 immigration services we offer help investors reach each milestone. Since the EB5 immigration attorney team is part of one of the largest full-service immigration law firms in the world, we are also able to assist our clients with all other U.S. immigration needs, such as travel permission, naturalization, and sponsorship of family members. Our firm is highly experienced in the permanent residence process for investors, either the immigrant visa application at the U.S. consulate or the I-485 adjustment of status for investors who are in nonimmigrant status in the U.S.

In addition, we also have the experience needed when things don’t go as planned. For example, if a project does not go forward, is failing, or is the subject of fraudulent activity, we are the “go-to” law firm to help investors protect their immigration interests, including litigation when necessary.

EB5 IMMIGRATION SERVICES FOR DIRECT EB-5 INVESTORS

Our services for direct EB5 investors can be divided into 3 parts: advising on and structuring the investment enterprise to be EB5 compliant; documenting the lawful source of the investor’s funds; and applying for removal of conditions on permanent residence (Form I-829).

The condition removal process can be especially challenging for direct EB5 investors since we have to track all employment from the time of investment to the time of the filing of the I‑829 petition.

REGIONAL CENTER AND DEVELOPER SERVICES

Regional centers require an EB5 immigration lawyer with a unique set of skills. EB5 United Big Sky II LLC EB5 team is adept at navigating the complexities of the EB5 program for regional centers and developers. EB5 United Big Sky II LLC lawyers work with an accomplished network of securities lawyers, economists, business plan writers, and other professionals to structure projects that are EB5 compliant. The team has the knowledge and experience to assess business plans, economic reports, securities offerings, and corporate documents for EB5 compliance.

EB5 SERVICES FOR REGIONAL CENTERS AND DEVELOPERS:

Preparation of Form I-956, regional center designation applications
Preparation of Form I-956F, project approval applications
Preparation of regional center annual statements
Preparation of Form I-956H for persons involved with regional centers
Preparation of regional center amendments – – geography, ownership, etc.
Preparation of templates for investor petitions
Advice regarding direct and 3rd party promoters
Advice regarding fund administration, audit, and other compliance issues
Responding to project-related RFEs on investor and regional center petitions
Defending against Notice of Intent to Terminate regional center
Advice regarding the marketing of projects
Litigation of EB5 denials

EB5 COMPLIANCE SERVICES

With the passage of the EB5 Reform and Integrity Act in March 2022, compliance is one of the most important topics in EB5. Verifying job creation for each investor requires a team of dedicated professionals who understand the complexities of EB5, and are prepared to chart the course for clients from project proposal, through job creation, to documentation and eventually permanent residence for the immigrant investors. Our industry-leading EB5 immigration attorney team includes highly skilled lawyers and professionals who do just that. Our services include setting up procedures and processes for collecting, organizing, and presenting documents related to the flow of investor funds and job creation, with a specific focus on the annual reporting requirements and preparing for investor I-829 filings.

REGIONAL CENTER COMPLIANCE SERVICES:

Systems to track condition removal dates and age-out dates for children
Systems to track I-829 filings, RFEs, approvals, etc.
Systems to monitor job creation
Systems to monitor information and documents necessary for the preparation of I-829 condition removal petitions
Dealing with material change issues
Coping with job delay issues
Responding to project-related RFEs on I-829 petitions
Assisting with annual reporting, including systems to track requested information
Reviewing potential new projects
Representation in connection with potential projects to be adopted and overseen by the regional center
Preparing and filing regional center annual statements
Advising on regional center best practices

EB5 SERVICES FOR LAWYERS

Lawyer-client relationships are very intimate and private and can still require the expertise of a third-party attorney without impeding that relationship. Some clients and attorneys prefer to work together to hire an EB5 immigration attorney. EB5 United Big Sky II LLC EB5 team offers these services to lawyers who prefer to be intermediaries with their clients.

SERVICES FOR LAWYERS AND AGENTS:

We provide the following options for EB5 services upon request of lawyers:

Service 1: Lawyer prepares the EB5 petition and EB5 United Big Sky II LLC reviews
- Lawyer has all contact with investor
- EB5 United Big Sky II LLC is available to answer questions and review documents
- EB5 United Big Sky II LLC has engagement letter with lawyer
Service 2: EB5 United Big Sky II LLC prepares the EB5 petition and is primary counsel with investor
- EB5 United Big Sky II LLC has engagement letter with investor
- EB5 United Big Sky II LLC has direct contact with client
- Lawyer is copied on all emails, gets copies of all documents, and participates in all conference calls – used as a learning experience
- Lawyer prepares I-485, IV processing, reentry permit, and all other immigration work for the client
Service 3: EB5 United Big Sky II LLC provides advice to developers regarding a new regional center
- Lawyer may choose to represent investors in the regional center
Service 4: Litigation of denied or delayed petitions

E2 TREATY INVESTOR SERVICES

Immigrant investors can also consider an alternative visa option to the EB5 visa program. For some investors, the E2 visa is the better option. It requires a “substantial investment” (often much less than the EB5 amount) in a business that will be owned at least 50% by the investor or other citizens of the investor’s country.

The E2 visa is only available to citizens of countries with bilateral investment treaties with the US. The E2 visa may be issued for up to 5 years subject to indefinite extensions and can be obtained much quicker than the EB5. Some investors choose to apply for an E2 visa as a short-term solution and an EB5 visa as a long-term solution.

WHY EB5 United Big Sky II LLC?

EB5 United Big Sky II LLC experienced attorneys develop creative solutions to complex problems and ensure our clients’ immigration needs are successfully met. Our expertise runs the gamut from frequent H1Bs and TNs to complex O1s or EB1s; from developing Corporate Immigration Policies to defending corporations in I-9, LCA, and/or PERM audits.

We do not believe in a one-size-fits-all approach, usually offering multiple solutions to difficult problems presented by clients. We are particularly respected for our cutting-edge solutions to difficult business immigration problems. Our client feedback consistently ranks our extreme responsiveness as a highly valued feature of our service model.

FAQ

What are the basic requirements and timeline for an EB5 visa?

There are several basic requirements for an EB5 visa.

Invest the minimum amount in a qualified US business (“New Commercial Enterprise” or NCE) or approved regional center

Create 10 permanent jobs (direct or indirect) for American workers with the NCE
There are three steps to the EB5 process:

I-526 Petition: Once an investor has made the required investment, they would file the I-526 petition. This petition includes project documents and documents related to the investor’s source of funds.
Conditional Resident Application: USCIS is currently allowing for concurrent filing of a green card application. This means that most applicants, except for those born in India, China, and Vietnam, are eligible to apply for their green card along with the I-526 petition if they are present in the U.S. and meet specific requirements. Otherwise, upon approval of the I-526 petition, if their priority date is current, the investor and family can apply for their conditional green card. The conditional green card, once approved, is valid for 2 years. Within the 90 days before the expiration of the green card, the investor and family members apply to remove the conditions on their green card by filing form I-829.
Form I-829: USCIS will review the and confirm that the investor’s funds stayed at risk throughout conditional resident status and the project created the necessary jobs. Once the I-829 is approved, the investor and family are lawful permanent residents of the U.S.

What is the EB5 quota?

Congress has allocated approximately 10,000 visa numbers for EB5 investors and family members. Under the 2022 EB5 Integrity and Reform Act (“RIA”), 32% of the annual EB5 immigrant visa quota is set aside for specific types of TEA projects. Here is the breakdown of what those set-asides are reserved for:

20% are for those investing in a rural area of the United States;
10% are for those investing in a high unemployment area (designated by USCIS);
2% are for those investing in qualified infrastructure projects administered by a government entity.

Must concurrent filing be used?

Absolutely not. An individual may continue to wait for approval of the I-140 before filing the I-485, and in many cases we advise that it is prudent to wait. However, in cases where the person’s ability to extend their H-1B nonimmigrant status past their six-year maximum under AC-21 can be limited by the timing of the filing of the I-485 when their priority date is current, we advise to please check with the attorney since, in those cases, it would be prudent to file the I-485 concurrently with the I-140.

Can I “port” my EB2 or EB3 priority date to my EB5 petition?

Unfortunately, no. You cannot use your EB2 or EB3 Priority Date for your EB5 petition. Your EB5 priority date is the date USCIS received your I-526 Petition.

I was born in a backlogged country but am a citizen of Canada, will I still be subject to the backlog?

Yes. Unfortunately, the country against which you are “charged” for your visa number is your country of birth. Because you were born in a backlogged country, your visa and that of your family will be charged against the visa numbers for that country.