Congress created the EB-5 immigrant investor visa category in the Immigration Act of 1990 in the hopes of attracting foreign capital to the US and creating jobs for American workers in the process. There are 10,000 visas available in the category each year, 5,000 of which are reserved for people who participate in a EB-5 pilot program designed to target low employment areas such as the programs featured on this website.

There are three basic requirements for an EB-5 visa:

1. First, the alien must establish a business or invest in an existing business that was created or restructured after November 19, 1990
2. Second, the alien must have invested $1 million (only $500,000 when investing in a USCIS designated regional center) in the business
3. Third, the business must create full-time employment for at least 10 US workers

Each person has his or her own reason for wanting permanent residence in the United States , and having a green card provides many benefits that accomplish these goals:

All legal permanent residents under the EB-5 Investor Program enjoy the same benefits as every other United States resident.The U.S. is a safe harbor for your family as well as your personal and business investments. Any member of the family with a "green card" can enter the U.S. at any time and stay as long as he or she wishes.Investors have constant and easy access to the United States for personal, trade and business purposes.Permanent residents travel to the U.S. without the need of a visa. Investors may work, live, or own their own proprietary businesses anywhere in the United States.The U.S. has internationally recognized colleges and universities for both basic education and graduate study. As a resident, the investor can benefit from lower tuition costs.The cost of living in the U.S. is less than most large industrial nations. Consumer goods, services, and housing are significantly less expensive than comparable services and goods in most other countries.Students may work in the U.S. while they attend college and then continue to work afterwards, enabling the student to pay for part of his education and to work while attending graduate and postgraduate studies.The U.S. provides many financial, social and education entitlements: public schools, health and medical attention, social security, and education.The Investor has the ability to bring other family members to the U.S. after proper application, and can obtain U.S. citizenship after 5 years.The permanent residency requires no renewal or re-application. Other U.S. non-immigrant visas, such as E-2 and H may never result in permanent residency, have time limits, and require additional filings with USCIS or Department of State. Furthermore, U.S. immigration laws may change and prevent future approval when a renewal of visa is required.

In order to deter fraud, EB-5 Visa immigrant investors, their spouses and dependent children are subject to conditional permanent residence for a two-year period. The EB-5 alien must file a petition to remove the conditions during a 90-day period prior to the second anniversary of the alien's lawful admission as a permanent resident. The INS will examine the business at the end of the two-year period to determine whether or not the alien has complied with all of the requirements.

When the immigrant investor application is submitted to the INS, it must include the following:

Evidence to show that a new commercial enterprise has been established, such as articles of incorporation, business license, or evidence of the transfer of the required amount of capital when purchasing an existing business.Evidence that the proper amount of capital has been placed at risk, such as bank statements showing the deposit of funds into the business's account, evidence of equipment purchased for use in the business; evidence of property transferred to the business, and evidence of money transferred to the business in exchange for shares of stock. This stock cannot include terms requiring the business to redeem the stock at the holder's request.Evidence demonstrating that the capital invested was lawfully gained, such as foreign business registrations, tax returns, or certified copies of criminal or civil judgments, where appropriate.Evidence that the investment has created at least ten full-time jobs, such as tax records, Forms I-9, or if employees have not yet been hired, a detailed business plan demonstrating that the nature of the business will require the hiring of ten employees within two years. If the business is a troubled business, the applicant must submit evidence that the currently existing number of employees will be maintained for at least two years.Evidence that the investor will be engaged in the management of the enterprise, such as evidence that the applicant is a corporate officer or member of the board of directors. If the business is a limited partnership, the applicant will be considered to have a management position only if the partnership agreement provides that the applicant will have the rights, powers and duties normally granted to limited partners under the Uniform Limited Partnership Act.If the application is granted, the alien is given conditional permanent residence and after two years is eligible to file for removal of the conditions. The alien must also show that he or she "sustained the actions required for removal of the conditions" during his or her residence in the United States.

An alien entrepreneur will have met this requirement if he or she has "substantially met" the capital investment requirement and has continuously maintained this investment during the conditional residence period. The entrepreneur's residence may be terminated at the end of the two-year period or earlier if it is found that the business was not established, or was established solely to evade immigration laws or that the requirements were otherwise violated.

If, in the application to removed conditions, the alien demonstrates that the business was established, that the required amount of capital was invested, and that 10 full-time jobs either have been or will be created, the conditions will be removed and the alien granted full permanent residence and a permanent Green Card is issued.

ABREC focuses on the investment and development of significant real estate projects throughout the state of California and selective US locations.

As a servicer of the Regional Centers under the US Citizenship and Immigration Services, USCIS E-B5 program, ARC seeks to promote economic growth through increased export sales, improved regional productivity, creation of new jobs, and increased domestic capital investment.

The ARC team is composed of an impressive array of internationally noted developers, financiers, investment fund managers, brokers and leading immigration attorneys. Each principal is committed to providing the highest level of professional service to our valued investors and their families, through our elite concierge program.

Live Permanently in America in Six Months using the EB-5 Visa Program

If you and your family want to become legal permanent residents of the USA (get a green card) and you can afford to invest $500,000 in one of the Government approved EB5 regional center programs you could be living legally in America in six months. You can choose to live anywhere in the USA by using this program which includes green cards for you, your wife/husband and all children under 21. Your children can attend all American schools, colleges and universities under this program. Get all the facts on which regional center is best for you and which EB5 program gives you the green card as quickly as possible with the most success and you could be living in the USA in six months.

The EB-5 Visa investment must create at least 10 full-time jobs for US citizens, lawful permanent residents or other immigrants lawfully authorized to be employed in the United States. Full-time employees are defined to include workers working at least thirty-five hours per week. This includes conditional residents, temporary residents, asylees, refugees, and recipients of suspension of deportation, but does not include nonimmigrants. In calculating the required number of employment positions, the investor may not include spouses or children, but may include other family members who are employed by the business.

The 10 positions must be full time. This means employment of a qualified employee in a position that requires a minimum of 35 working hours per week. Although two employees may share a full-time position, part-time employment is specifically excluded. Therefore, a combination of two or more part-time positions will not qualify, even if they collectively meet the 35-hour per week requirement.

No Quota Backlogs. There are many delays and backlogs for employment and family based green card categories but there is no backlog for the EB-5 Visa Investor category.

No Sponsor Needed. Foreign investors use their own personal funds and do not require sponsorship from either an employer or a family member.

Regional Center Investment Programs. Many of the approved EB-5 regional centers allow foreign investors to invest in prearranged programs for only $500,000, plus administrative fees.

Permanent Residency. Foreign investors may enter a limited partnership with few or no day-to-day management responsibilities for their investment program. This allows foreign investors to live and work in the United States in any capacity.

L-1 visas are also known as intracompany transfer visas. They are used when there is an ongoing business outside of the US and the person either starts or buys a business in the US (much the same way as the E-2 investor must invest in a business or start a new one in the United States). With an L-1 visa, the owner and/or members of the management team may be transferred to the United States to the US business. The business in the US does not have to be the same type of business but it just has to have the same ownership and control.

Advantages of the EB-5 Visa Program

OwnerHead of a company or divisionEmployee with “exceptional ability

”What are the requirements?

A foreign company opens a new business or purchases an existing business in the Unites States (does not have to be in the same line of business as the foreign company)No minimum investment is required. Foreign company must commit as much capital as will be required to execute the business planThe applicant is the owner, company or division head or an employee with exceptional ability of the foreign company and has worked for the foreign company for at least one year in the most recent three year periodU.S. sponsoring company must be a “Qualifying Organization:” U.S. company is parent, child, sister company to foreign companyU.S. company and foreign company must be under common control (50% ownership)Duties of the applicant in the U.S.: Managing organization, department, subdivision, function or component; Supervising and controlling the work of other managers, or managing an essential function within the organization or department or subdivision of the organization; the authority to hire and fire personnel; exercising direction over day to day operationsNo minimum educational requirement; applicant does not have to be a college graduate, but must be a successful person in his own country.

What must be done to obtain the visa?

Set up new company in the United States (corporation or limited liability company (LLC))Or buy an existing businessRent or buy offices premises for the businessObtain insurancePut together business plan and begin to executeHire consultants and employeesFile the application for the Visa.

How long does it take to get the visa?

2-3 months to preparing the applications, set up or buy the company and gather documents30-45 days to process the application if use Premium Processing.

How long does the visa last?

First visa is for one year and can be renewed for additional 2 year periods up to a total of 7 years.

When do I get my green card?

The L-1 itself does not give you a green card, but after you have been in the U.S. for 2-3 years, you can file to "adjust” your status if your business is doing well. It will take about one year after that to get your green card.

What documents do I need to have to start the application?

Documents From US Company

1. Article of incorporation or association
2. Application for tax identification number
3. Stock Certificates
4. Lease of business location
5. Bank statement or wire transfer evidencing initial investment
6. Audited accounting reports[1]
7. Corporate income tax return form 1120
8. Employer’s quarterly report form 941
9. Description of company business
10. Commercial contracts, invoices, bills of lading, letters of credit etc.
11. Bank statements
12. Company letterhead
13. Company structure, plan of employing new employees
14. Pictures of main office
15. Letter from US employer
    1. applicant’s prior duties abroad and duties to be performed in US
    2. prove entities are qualifying organizations
    3. submitted by both foreign and us entities
    4. confirm applicant met one year in three years requirement

Documents From Foreign Company:

1. Business license
2. Article of incorporation
3. Income tax filings for the past three years
4. Audited accounting reports[2]
5. Organizational chart, total number of employees, position held by the transferee
6. Company brochure or product introduction
7. Documents of business transactions[3]
8. Bank statements, or transactional records
9. Company letterhead with company logo, name and address (several sheets)
10. Pictures of company’s main office, factories or buildings

Documents From Applicant

1. Resume
2. Diploma (if any)
3. Employment verification letter from foreign company
4. Board resolution or appointment documents verifying the transfer
5. Any other documents showing transferee’s capability to conduct business in the executive position
   _______________________________
   [1] Balance sheets, profit/loss statements, cash flow reports
   [2] Balance sheets, profit/loss statements, cash flow reports
   [3] Contracts, bills of lading, letters of credit

How much does it cost?

Fees for the visa application:

$185 for I-129L
$500 Fraud Prevention and Detection fee
$1,000 Premium Processing

Professional fees vary from project to project and will be quoted on an individual basis.

KAREN CACO is the senior Attorney at INT’L IMMIGRATION SERVICES, P.A., a Naples, Florida based law firm exclusively practicing immigration and naturalization law. Ms. Caco received her law degree from Widener Law School in Wilmington, Delaware. 

She is a member in good standing of the Bar of the State of Florida and the Bar of the District of Columbia (DC) and is admitted to practice in the Middle District Court of Florida. Immigration law being federal law, allows Ms. Caco to help clients all over the United States and worldwide. She is a member of the American Immigration Lawyers Association, the Federal Bar Association, the International Bar Association based in London, U.K., the IIUSA (Invest In USA - Immigrant Investors Association), Collier County Women’s Bar Association, Collier County Bar Association, and Lee County Bar Association. Karen advises both US based and foreign corporations plan their immigration strategies. Her practice takes her around the United States and worldwide where she assists businesses and individuals with their immigration needs. She is considered THE leading EB-5 Regional Center lawyer and Consular Processing Expert and she assists individuals at various worldwide US Embassies. While she is involved in all facets of immigration law, her area of concentration lies in business immigration, Regional Center start ups, million dollar green cards, Regional Center green cards, worldwide consular assistance, L1, E2 and H-1B visas and complex appeals. She has been interviewed many times by local and state newspapers on immigration issues as well as NBC and ABC. She writes bi-weekly immigration columns for various print and online magazines.

She is the only immigration attorney in the world to have visited all of the USCIS approved Regional Centers and has put the Regional Center stories onto DVD for sale through the website. She speaks around the world at immigration seminars about Regional Center investments and resulting Green Cards and Consular Processing.