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USCIS Policy Memo on EB-5 Adjudications

USCIS draft policy memo addressing certain foundational issues in the EB-5 Program. This page includes the original draft memo and subsequent revisions.

https://www.uscis.gov/

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The EB-5 Regional Center

Can I get an easier adjudication of my Green Card application with the Regional Center?

Question: I have heard that I can invest only $500,000 in a Regional Center, rather than the normal $1,000,000 for my own business for the EB-5 Investor’s Visa and that there are procedures in place now for easier and streamlined communication. Is that true?

Answer: Yes. It is a program that does allow you to invest to get an EB-5 without direct day to day responsibilities and without the $1,000,000. There has actually been some more direct communication between USCIS and the investor (or attorney of the investor) to both increase the flow of communication and to enhance the productivity of applying for this program. The application is put forth on Form I-924.

Question: What are the goals of direct email communication between USCIS and Form I-924 applicants?

Answer: Direct email communication is a customer-service tool to enhance communication between USCIS and Form I-924 applicants. Form I-924 applicants may email USCIS questions regarding pending applications, including questions related to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) issued by USCIS. USCIS may email Form I-924 applicants to informally ask for clarification on certain issues to facilitate review, understanding and adjudication of the application. USCIS may also send a courtesy copy of an RFE or NOID to the email address listed on the I-924 and, if applicable, to the email address listed on the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, associated with the application.

Question: How will the direct email communication process work?

Anwwer: Form I-924 applicants with pending applications will be sent an email with a unique identifier and a specific email address to use when corresponding with USCIS. Once assigned an email address, applicants may use this contact information to send and respond to emails to discuss—either informally or through the RFE or NOID process—issues raised in their regional center applications. An applicant will receive an email with instructions shortly after his or her Form I-924 application is accepted by USCIS for filing.

The direct email communication process is only available to entities that have a pending Form I-924 application. It is not available to regional center promoters who have pending regional center applications that were filed prior to the implementation of Form I-924 on Nov. 23, 2010.
Question: Will USCIS use email to issue RFEs and NOIDs, and can Form I-924 applicants use email to provide evidence in response to such notices?

Answer: USCIS may email a courtesy copy of an RFE or NOID to Form I-924 applicants and, if applicable, to attorneys or representatives of record listed on the Form G-28 associated with the application. However, applicants may not formally respond to an RFE or a NOID via email.
If an RFE or a NOID is issued in regard to a Form I-924 application, USCIS will follow standard procedures and will mail a hard copy of the RFE or NOID to the address listed on the Form I-924 or, if applicable, to the attorney or accredited representative listed on a valid Form G-28.
USCIS cannot accept an applicant’s formal response to a RFE or NOID via email. Once an applicant is ready to submit the formal response to an RFE or NOID to USCIS, he or she should follow the response submission instructions provided on the RFE or NOID.

Question: How will USCIS ensure that the attorney or accredited representative listed on the Form G-28 is included in email communication between USCIS and the applicant?

Answer: USCIS can only communicate via email with counsel representing a Form I-924 applicant if the associated Form G-28 includes a valid email address for the representative. If a valid email address is not provided in the Form G-28, the attorney or accredited representative should provide USCIS with an updated Form G-28 that includes a valid email address.

I can invest only $50,000 and get a work visa – not $1,000,000?

I can invest and get a work visa without having $1,000,000?

Question: I have about $75,000 to $120,000 and want to invest in a business in the U.S, but have heard that I need $1,000,000 to invest. Is there anything I can do?

Answer: Actually, you need only $50,000 to $100,000 depending on the business. You can buy a franchise, a business already in operation, start your own business or open a branch office of a business in the your home country.

Question: How do you begin preparation of the E-2 Visa?

Answer: 1. Make sure you are from a Treaty-Investor Country

The U.S. has treaties with many different countries around the world. However, if there is no treaty with the counry that you were born in, then it will not qualify you for an E-2 Visa.

2. Make sure you have enough money to invest

There is no set number. However, the general guideline is that you want to have around $100,000 to invest in your own company in the U.S.

3. Make sure you will manage the company

You need to make certain that you will manage the company in a supervisory or managerial capacity and not as a line type worker.

4. Make sure you are in status

If you are inside the U.S. and will be doing a change of status, you will want to make sure that you are in legal status and have not violated your status in anyway. Otherwise, you might not be able to change your status to E-2.

5. Keep all of your receipts and contracts

Once you would get the E-2, you need to make sure that you keep all of the receipts and contracts so that when it becomes time to renew the E-2, you are able to provide the necessary proof.

Question: How long is the stay allowed for in an E-2 status?

Answer: Qualified treaty investors and employees will be allowed a maximum initial stay of two years. Requests for extension of stay may be granted in increments of up to two years each. There is no maximum limit to the number of extensions an E-2 nonimmigrant may be granted. All E-2 nonimmigrants, however, must maintain an intention to depart the United States when their status expires or is terminated.

An E-2 nonimmigrant who travels abroad may generally be granted an automatic two-year period of readmission when returning to the United States. It is generally not necessary to file a new Form I-129 with USCIS in this situation.

Question: How do you apply for the E2 ?

Answer: Application for E status filed on Form I-129 if seeking C/S in U.S. If filing application at consular post, most posts use the DS-156E supplemental form in addition to the DS-160 visa application. Applicant must provide supporting evidence of the investment. The burden of proof is on the applicant.

Question: Can I apply for a Franchise?

Answer: Yes, there are a number of Franchises that are within this monetary range and would would perfectly for an E-2. There are fast food franchises, cleaning, dollar-store, and many other types of opportunities.

EB-5 Investment Visa

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EB-5 Holder petition to Remove LPR Status Conditions is denied through AAO

AAO affirmed denial, finding that petitioner failed to execute plan presented in support of Form 1-526 petition by switching to a project not reviewed by USCIS and financing different expenses with the original project than those projected in the original business plan.

The EB-5 visa 

EB-5 Attorney

EB-5 investment visa application

Do an EB-5 investment for only 500,000 with a Long Beach Immigration Attorney

EB-5 Holder petition to Remove LPR Status Conditions is denied through AAO

AAO affirmed denial, finding that petitioner failed to execute plan presented in support of Form 1-526 petition by switching to a project not reviewed by USCIS and financing different expenses with the original project than those projected in the original business plan.

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Have money for a business? Get the EB-5 form an EB-5 Attorney

 

 

 

 

EB-5 Investment Visa is for the Entrepeneurs

The EB-5 Investment Visa is for the true entrepenuer. Yes it takes a significant amount of money, namely $1,000,000 unless you are investing in a a Regional Center in which case it is only $500,000. However, people generally do not have that type of money unless they are entrepeneurs. Also, you must keep in mind that if the Regional Center goes out of business, the chances for the Green Card disappear.

However, if you happen to be from a country that has a treaty with the U.S., you can try for the much less expensive E-2 Treaty Investor Visa.

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EB-5 Investment Visa Video

EB-5 Investment Visa Video

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Can I apply for EB-5?

Got 1000000? Do a direct investment with an Immigration Attorney

Have $1,000,000 for a Green Card?

Question: I am a wealthy businessman and would like to find some expedited way to get into the U.S. Can you let me know if there are other alternatives to the lengthy several year Labor Certification process?

Answer: The Immigrant Investor Pilot Program (“Pilot Program”) was created on October 6, 1992. This is a variation of a program known as the EB-5 Investor Program. The Pilot Program began in accordance with a Congressional mandate aimed at stimulating economic activity and creating jobs for U.S. workers, while simultaneously affording eligible aliens the opportunity to become lawful permanent residents. Through this innovative program, foreign investors are encouraged to invest funds in an economic unit known as a “Regional Center.” A Regional Center is defined as any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Presently up to 3000 immigrant visas are set aside each year for the Pilot Program. As of June 1, 2004, a total of 26 Regional Centers have been designated by the legacy Immigration and Naturalization Service (INS) and today, the U.S. Citizenship and Immigrations Services (USCIS).

Question: What must I do to get an approval for a Regional Center?

Answer: The basic requirements for Regional Center designation are 1) Applicants must show how their proposed program will focus on a geographic region; promote economic growth through increased export sales, if applicable; promote improved regional productivity; create a minimum of 10 direct or indirect jobs per investor; increase domestic capital investment; be promoted and publicized to prospective investors; have a positive impact on the regional or national economy through increased household earnings; and generate a greater demand for business services, utilities maintenance and repair, and construction jobs both in and around the center.

Question: How much must I invest?

Answer: The capital investment requirement for any EB-5 investor, inside or outside of a Regional Center is $1 million. The capital investment requirement for an EB-5 investor in a Targeted Employment Area (TEA) or a Rural Area (RA) is $500,000. A TEA is a geographic area or political subdivision located within a metropolitan statistical area or within a city or town with a population in excess of 20,000 with an unemployment level at least 150% of the national unemployment rate. A RA is a geographical area that is outside a metropolitan statistical area, or part of the outer boundary of any city or town having a population of 20,000 or less as shown by population indicators. In certain areas involving a sparsely populated state, an approved statewide Regional Center likely encompasses both TEAs and RAs.

Thus, if you can establish the business in a TEA or RA, you will be able to save $500,000 of the investment. If approved, you will get a conditional Green Card which will allow you be a Lawful Permanent Resident. Then within two years you must file a petition to remove the conditional residency. The USCIS wants to make certain that you simply did not put down $1,000,000 and then not actually follow through with your business. However, this is certainly a much faster way of obtaining the Green Card if you qualify.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.