Immigration Law

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Investors And The EB-5 Program

Birmingham Immigration Lawyer

Select foreign nationals may obtain a permanent visa through the EB-5 Immigrant Investor Program. Congress created the EB-5 Program to grow the U.S. economy through job creation and capital investment by foreign investors. Eligible foreign nationals may also qualify for EB-5 classification by investing through regional centers designated by USCIS based on proposals for promoting economic growth.

All EB-5 investors must invest in a “new commercial enterprise,” which means any for-profit activity formed for the ongoing conduct of lawful business, including:

  • A sole proprietorship
  • Partnership (whether limited or general)
  • Holding company
  • Joint venture
  • Corporation
  • Business trust
  • Other entity, which may be publicly or privately owned

The minimum standard investment amount for EB-5 status is $1.8 million. The investment amount is lower for the Targeted Employment Areas (TEAs), which consist of high unemployment areas and rural areas of the United States. The minimum Targeted Employment Area (TEA) investment is $900,000. These threshold amounts for standard and TEA investments increase every five years.

As of November 21, 2019, the following new rules govern TEA designations:

  • USCIS now directly reviews and determines the designation of high-unemployment TEAs; the agency no longer defers TEA designations made by state and local governments.
  • Specially designated high-unemployment TEAs 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.

EB-5 Investment Immigration Lawyer

United States immigration laws, regulations, and agency requirements are ever-evolving and require significant expertise to successfully navigate. Capstone Law, LLC, co-founder attorney Joey A. Chbeir is a seasoned immigration lawyer who knows how to obtain EB-5 status. Contact us to take advantage of our free initial phone consultation and speak with an immigration lawyer.

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