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EB-5 Resurgence
Kyle Huffman • May 9, 2024
The EB-5 Immigrant Investor Visa Program has long stood as a beacon of opportunity for those seeking to establish roots in the United States. However, in recent years, its allure dimmed due to concerns surrounding integrity, program abuse, and uncertainties regarding its future. Yet, with the passage of the EB-5 Reform & Integrity Act of 2022, the EB-5 program finds itself on the brink of a renaissance, once again capturing the attention of investors worldwide.
For those unfamiliar, the EB-5 program offers foreign investors and their families a pathway to permanent residency in the United States by investing a minimum amount in a qualifying U.S. business venture. This investment must create or preserve a certain number of jobs for American workers. Historically, the program has been popular among affluent individuals seeking not only residency but also the opportunity to contribute to the U.S. economy.
However, in recent years, the program faced criticism and scrutiny due to allegations of fraud, abuse, and inefficiencies. Investors became wary, and the program's popularity waned. Prospective applicants were hesitant to commit significant funds to a program plagued by uncertainties and bureaucratic hurdles.
Enter the 2022 EB-5 Reform and Integrity Act. This landmark legislation addresses many of the concerns that have plagued the program in recent years. Among its key provisions are increased investment thresholds, stricter oversight measures, and reforms aimed at promoting integrity and transparency within the program.
One of the most significant changes introduced by the reform act is empowering the United States Citizenship and Immigration Services (USCIS) to more effectively monitor and investigate potential instances of fraud or abuse. Additionally, the act introduces measures to streamline the application process, reducing bureaucratic red tape and expediting the adjudication of EB-5 petitions, resulting in faster processing for legitimate investments.
The passage of the 2022 EB-5 Reform and Integrity Act has injected new life into the EB-5 program, reigniting interest among investors and immigration stakeholders alike. With its enhanced integrity measures and streamlined processes, the program once again represents a compelling opportunity for those seeking to pursue the American dream.
Already, we are witnessing a resurgence of interest in the EB-5 program from investors worldwide. Developers and regional centers are seizing the opportunity to capitalize on the renewed enthusiasm, presenting a diverse array of investment opportunities across various industries and regions.
Moreover, the EB-5 program's revitalization holds significant implications for the U.S. economy. By attracting foreign investment, the program has the potential to create jobs, spur economic growth, and facilitate the development of communities in need. Furthermore, it underscores the United States' commitment to welcoming and harnessing the talents and resources of immigrant investors.
The passage of the 2022 EB-5 Reform and Integrity Act marks a pivotal moment in the history of the EB-5 program. By addressing longstanding concerns and implementing comprehensive reforms, the act has restored confidence in the program and positioned it for a prosperous future. As investors and developers alike embrace the opportunities presented by the revitalized EB-5 program, we anticipate a resurgence in interest and activity, reaffirming the program's status as a cornerstone of American immigration policy and economic development.
I encourage any prospective investors to meet with one of our skilled attorneys to discuss the possibility of securing permanent residency, and eventually citizenship, through a qualifying investment under the EB-5 Immigrant Investor Visa Program. We look forward to working with you!
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Kyle Huffman
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Embarking on the EB-5 immigration journey is both a profound personal endeavor and a strategic investment decision. For individuals seeking to make the United States their new home while contributing to its economic landscape, the EB-5 Immigrant Investor Program offers a pathway unlike any other. This program, established by the U.S. government in 1990, provides foreign investors with the opportunity to obtain permanent residency in the United States by investing in job-creating enterprises . However, navigating the complexities of the EB-5 process requires a thorough understanding of its intricacies, requirements, and potential pitfalls. In this guide, we provide a brief overview of the steps and documents involved in the EB-5 immigration process, shedding light on its key components, eligibility criteria, investment options, and procedural steps, empowering prospective investors with the knowledge needed to embark on this transformative journey with confidence. Before selecting a project and making the investment, it is important for an EB-5 investor to meet with an immigration attorney to strategize for the application. It is required to show the Immigration Service that all funds used in the investment were lawfully earned and retained , so your attorney will want to understand where the money for the investment is coming from and where it has been held since it was earned. Once satisfied with the source and tracing of funds, the investor can select a project to invest in. Following the passage of the EB-5 Reform & Integrity Act, certain investment projects have already been pre-approved by USCIS by filing form I-956 and receiving designation as a Regional Investment Center. The required minimum investment is $1,050,000 by default; however, this amount is reduced for investment centers in “Targeted Employment Areas” to $800,000 . After submitting the investment to the regional center, the investor will then work with their attorney to create the I-526 petition. At this stage of the case, it is time to show USCIS the source and tracing of all of the funds used for the investment. The types documentation required in order to show the lawful source and tracing of funds is extremely broad and highly dependent on where the money is coming from in each particular case, but the most common documents include W-2 or 1099 tax forms, federal and state tax returns, bank account statements, purchase and sale contracts from the sale of real estate, stock certificates, loan contracts, inheritance documents, and wire transfer records, among many other possibilities . EB-5 applicants can either process their green cards through USCIS by filing an I-485 application for Adjustment of Status, or process through the consulate in their home country . If already in the United States on another valid status, the Adjustment of Status application can be submitted concurrently with the I-526 petition. If processing through a consulate overseas, the investor will have to wait until the I-526 is approved before beginning the consular process. The primary applicant, along with a spouse and any unmarried children under 21 years of age are able to receive permanent residency through the EB-5 process. At the completion of either process, whether requesting the Green Card within the United States or seeking entry through a consulate, USCIS will issue conditional green cards, with a validity of two years . Within the last three months before the conditional green card expires , the investor and family will need to file an I-829 application for removal of conditions on the green card. At this stage, nearly two years after the investment has been made, the Immigration Service is confirming whether the investment remains in the project and the requisite 10 jobs have been created . Following I-829 approval, the investor and their family will receive permanent green cards, with a 10-year validity. The investor and family will be able to apply for United States Citizenship five years after the initial green card is issued . The conditional green card does count for this purpose, so citizenship will become a possibility approximately 3 years after the permanent green cards are issued. In conclusion, the EB-5 Immigrant Investor Program stands as a unique avenue for individuals around the globe to fulfill their aspirations of living and thriving in the United States. Through strategic investment and dedication to job creation, participants not only secure permanent residency but also contribute to the nation's economic growth and prosperity. However, it is crucial for prospective investors to approach the EB-5 process with meticulous planning, thorough research, and expert guidance to navigate its complexities successfully . By understanding the program's requirements, exploring investment options, and adhering to procedural guidelines, aspiring immigrants can embark on their EB-5 journey with clarity and confidence. Ultimately, the EB-5 program represents more than just a pathway to residency—it embodies the spirit of entrepreneurship, innovation, and opportunity that defines the American dream. If you believe you may qualify for the EB-5 program or if you have any questions, please schedule a consultation with one of our experienced attorneys and we will be more than happy to assist you.
All people living in the United States, regardless of immigration status, have certain U.S. constitutional rights. If Immigration and Customs Enforcement (ICE) officers come to your workplace, they must have either (1) a valid search warrant, or (2) consent from your employer to enter non-public areas. Non-public areas could include: staff break rooms, server rooms, mechanical rooms, HR department offices, private meeting rooms, etc. However, ICE can enter public areas of your workplace (lobby, reception area, parking lot etc.) without a warrant or consent from your employer. If you encounter ICE at your place of employment, it is important to stay calm . If an officer stops you, you may ask if you are free to leave. If they say yes, walk away calmly. If they say no, stay where you are and do not attempt to leave. You have the right to remain silent. You do not have to speak to ICE, answer any questions, or show any documents . If asked about your place of birth, how you entered the United States, or your immigration status, you may refuse to answer or remain silent. If you choose to remain silent, say it out loud: “I choose to remain silent.” If officers ask you to stand in a group based on your immigration status, you do not have to move. Be prepared to assert your rights by downloading, printing, and carrying a "red card" (available at https://www.ilrc.org/red-cards-tarjetas-rojas ) that states you do not wish to speak, answer questions, or sign documents. You are not required to show immigration documents . You may refuse to show identity documents that reveal your nationality or citizenship. However, never show false documents or provide false information. If you are detained or taken into custody, you have the right to contact a lawyer immediately . Even if you do not have a lawyer, you can tell immigration officers, “I want to speak to a lawyer.” If you have a lawyer, you have the right to speak to them and, if possible, provide proof of this relationship (such as a signed Form G-28) to an officer. If you do not have a lawyer, ask for a list of pro bono (free) or l ow bono (low-cost) lawyers. You do not have to sign anything without first speaking to a lawyer. If you choose to sign any documents, make sure you fully understand what they mean, as signing may waive your rights or lead to deportation. If you believe your rights have been violated , write down what happened. Be sure to include specific details such as names, badge numbers, and exactly what was said and done. Report the violation to a lawyer or an immigrant rights organization as soon as possible. If you or someone you know may be impacted by this executive order, staying informed and understanding your rights is crucial. At Santos Lloyd Law Firm, P.C., our trusted immigration attorneys are available to provide guidance and support during this uncertain time. Please contact us if you need assistance.
If you’ve recently received the exciting news that your O-1 visa has been approved, congratulations! The O-1 is a prestigious visa, granted only to individuals who can demonstrate extraordinary ability in their field — whether it’s O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics, or O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Getting O-1 approval is no small feat, and it’s a true validation of your talent and hard work. But for many O-1 visa holders, that approval brings up the next big question — what’s the path to securing a green card? For those aiming to remain in the United States permanently, the EB-1A visa is often the natural next step. It’s also known as the green card for individuals of extraordinary ability, which makes it a close cousin to the O-1. Obtaining U.S. permanent residency through EB-1A involves two steps: 1) securing approval of the EB-1A immigration petition (Form 1-40) and 2) adjusting status to that of permanent resident or seeking consular processing. However, while these two categories share similarities, they are not identical. The EB-1A standard is significantly higher, and many O-1 holders underestimate just how much more evidence they need to present to qualify for permanent residency. The good news is, if you’re proactive and strategic about building your case, you can significantly improve your chances of success. Understanding the Difference Between O-1 and EB-1A Both the O-1 and EB-1A visas focus on individuals with extraordinary ability, but they serve different purposes. The O-1 is a temporary work visa that allows you to come to the U.S. to work on specific projects or for a particular employer. It requires a U.S. sponsor to file the petition on your behalf. The EB-1A, by contrast, is an immigrant visa — it is the first step toward obtaining permanent residency. Because the EB-1A leads to permanent residency, its eligibility standards are even higher. You must not only demonstrate extraordinary ability but also show that your recognition is sustained over time and that your work has had a lasting impact on your field. What Can You Reuse From Your O-1 Case? If you put together a strong O-1 petition, some of the evidence you submitted will still be valuable for EB-1A. This includes your awards, media coverage, expert letters, and proof of memberships in prestigious organizations. But the EB-1A demands more — you need to go beyond showing what you’ve accomplished and prove that your influence is ongoing, impactful, and recognized at a national or international level. How to Strengthen Your Case While on O-1 One of the smartest moves you can make is to use your time on the O-1 visa to actively strengthen your EB-1A profile. This means seeking out opportunities to get your work featured in top-tier media, publishing more original contributions, judging competitions, and taking leadership roles in your professional community. Every action you take to enhance your visibility and influence. Final Thoughts — The Path from O-1 to EB-1A is Achievable You may not be able to file your EB-1A today, but we can help you build your case step by step. Whether you need guidance on strengthening your profile, identifying the right evidence, or preparing a strategic filing plan, our team is here to support you. If you’re currently on an O-1 visa and you believe you may be eligible for an EB-1A visa in the future, we encourage you to contact our office. Our experienced attorneys have helped countless individuals successfully navigate this path, and we would be happy to review your case and create a personalized roadmap for your green card journey.
In January 2025, the U.S. government introduced a mandate requiring all individuals without legal status in the country to register with federal authorities. This initiative aims to enhance national security and ensure compliance with existing immigration laws. If you or someone you know is affected by this change, it's essential to understand the specifics of this requirement and how to comply. Who Is Already Registered? Many individuals have already fulfilled their registration obligations through prior interactions with U.S. immigration authorities. You are considered registered if you have been issued any of the following documents: Lawful Permanent Resident Card (Green Card) Form I-94 or I-94W (Arrival/Departure Record), even if the period of admission has expired Immigrant or nonimmigrant visa issued before arrival Employment Authorization Document (EAD) Border Crossing Card Additionally, if you have applied for lawful permanent residence using forms such as I-485, I-687, I-691, I-698, or I-700, even if the applications were denied, or if you were paroled into the U.S. under INA 212(d)(5), you have met the registration requirement. Who Needs to Register Now? If you have not been registered through any of the means mentioned above, you are required to register under the new mandate. This includes: Individuals aged 14 or older who were not registered and fingerprinted when applying for a visa and have remained in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days. Parents or legal guardians of children under 14 who have not been registered and have been in the U.S. for 30 days or longer. They must register their children before the 30-day period ends. Any individual who turns 14 years old in the U.S. and was previously registered. They must apply for re-registration and fingerprinting within 30 days after their 14th birthday. Notably, American Indians born in Canada who entered the U.S. under section 289 of the INA and members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act are exempt from this requirement. How to Register The U.S. Citizenship and Immigration Services (USCIS) is developing a new form and process for registration. Starting February 25, 2025 , individuals required to register should create a USCIS online account in preparation for the registration process. Once the process is implemented, registrations will be submitted through this online account. Important Considerations Registration Is Not an Immigration Status: Completing the registration does not grant any immigration status, employment authorization, or other rights or benefits under U.S. law. Consequences of Non-Compliance: Failure to comply with the registration requirement may result in fines, imprisonment, or both. At Santos Lloyd Law Firm, P.C., we are committed to guiding you through this process with compassion and expertise. Our trusted immigration lawyers are here to provide the information and assistance you need during this time. For personalized guidance and support, please contact Santos Lloyd Law Firm, P.C., and speak with one of our experienced immigration attorneys. We are dedicated to helping you navigate these changes and securing a hopeful future.
