All Your Need to Know About EB5 DirectWhat is EB5 Direct? What is EB5 Direct Used for?Direct EB5 FAQWhat Type of Projects Qualify for EB5 Direct?What are the Requirements for Obtaining a Green Card Through Direct EB5?How Much Investment is Required for a Direct EB5 Investment?What is the Direct EB5 Application Process?Raising Capital Using EB5 Direct
The United States Employment Based Immigrant Visa in the Fifth Category (“EB5”) provides for two types of EB5 filings:
- EB5 Regional Center Filings (“Regional Center EB5”)
- EB5 Direct Filings (“Direct EB5”)
What is EB5 Direct?
EB5 Direct is an EB5 filing which is not made through an EB5 Regional Center. EB5 Regional Center projects have the advantage of being able to count certain indirect and induced jobs. An EB5 Direct project can only count jobs direct created by the project, otherwise known as “W2 jobs”.
EB5 Direct is frequently used by an individual investor to obtain a Green Card by investing in their own or a family member’s business. This is often referred to a “own business EB5”. While the EB5 Regional Center program was suspended in 2021 EB5 Direct also became a popular way for project developers to raise capital from multiple investors.
What is EB5 Direct Used for?
Common uses for Direct EB5 include:
Any project that requires the requisite amount of investment capital which creates at least ten jobs potentially qualifies for EB5 Direct. Examples of projects our clients have undertaken include:
- Opening gas stations
- Adding convenience stores to gas stations
- Opening and expanding trucking and transportation businesses
- Opening a chain of hair salons
- Building hotels
- Building factories
In order to obtain US Permanent Residency through Direct EB5 investors need to:
- invest a minimum of USD 800,000 in a qualifying project; and
- evidence that their investment has created ten (10) new jobs
Direct EB5 requires an investment of USD 800,000 if the project is located in a Targeted Employment Area (“TEA”) or Rural Area and USD 1,050,000 if the project is not located in a TEA or Rural Area. A Targeted Employment Area is an area designated by the Department of Homeland Security as being less economically developed or suffering from high unemployment.
It is strongly recommended that EB5 investors retain an experienced EB5 Direct lawyer to guide them through the following process:
- Identify a qualifying business or investment project
- Determine the funding needed for the project
- Determine whether the project is suitable for Direct EB5 investment
- Determine whether the project is located in a Targeted Employment Area
- Devise a project funding strategy
- Make sure you are able to prove the lawful source of your EB5 investment capital
- Retain a corporate lawyer familiar with Direct EB5 to work with your EB5 lawyer to properly structure your EB5 Direct project
- Prepare a business plan clearly documenting how your EB5 investment will directly create ten new jobs
- Ensure all regulatory and licensing requirements have been met
- Fund your Direct EB5 investment. Our firm typically Direct EB5 investment into an escrow account to be spent on items in the business plan most closely tied to job creation
- Prepare and file an I526 package
- After approval of your I-526 you will receive a Conditional Green Card.
- Two years after receiving your Conditional Green Card you will need to file form I-829 to remove the conditions on that Green Card.
Although the recent passage ot the RIA made it harder to raise capital from foreign investors using Direct Eb5 it is still possible to do so. This is especially the case where smaller numbers of investors are involved.
It also remains possible to combine EB5 Direct and EB5 Regional Center approaches in the same project.
At Davies & Associates we place a team of lawyers around every client seeking to use raise EB5-capital. This team involves a senior and experienced EB5 lawyer together with corporate lawyers, typically a taxation lawyer, real estate lawyers and corporate lawyers. Our firm also has a specialist team which works to prepare EB5 Direct Business Plans.
Our deep knowledge of international markets and EB5 investors uniquely positions us to assist business owners seeking to raise capital through EB5.
Direct EB5 FAQ
No. Jobs created for Direct EB5 generally need to meet the following conditions:
- Require at least 35 Hours per week
- Be newly created or to be created in the two years following I526 approval
- If created in the future must have compelling evidence
The Integrity and Reform Act of 2022 (“RIA”) made several changes to the Direct EB5 Program. These changes included an attempt to restrict the use of “Pooled Direct EB5” to a single investor. Pooled Direct EB5 involves multiple investors making an EB5 qualifying investment in a single project. Despite the changes in the RIA there remain ways in which an experienced EB5 Direct lawyer can structure an EB5 Direct project to allow multiple investors to obtain a Green Card from a single EB5 Direct project.
Mark Ivan Davies leads our firm’s Direct EB5 team. Mark is consistently voted one of the Top 25 EB5 lawyers in the world, is frequently quoted by the world’s major newspapers and has been recognized by the White House for his contributions to the legal profession. Please contact us here if you've any question
5 stars and a high five! Thank you Verdie and Etta for assisting us with our change of status application. They were very professional and accommodating with all our questions and concerns throughout the process. Despite the time constraint, we pulled it off and we could not have done this without you guys! Keep up the good work!
Getting my E2 Visa was a very in-depth process that took just over a year from when I committed to it, but 8 months from when I found a business I wanted to purchase. The only reason I'm giving 4 and not 5 stars is because the timeframe was a lot longer than expected from the initial information. Aside from the timing, Verdie and his team led me through the Visa process, providing all the guidance I needed to be successful, including advising me on the RIGHT type of Visa to suit my goals. Within the process I purchased a business and the greater Davies team included lawyer Rinat who helped me put the deal together. One of the biggest parts was my Business Plan which created from my info by Ana Ortiz, who did an incredible job. The process is certainly tedious and Verdie & Christina were always there to answer my questions, provide suggestions and advice and ensure I had all the documents I needed to support my application. I appreciated their patience with my questions and their advice and in the end, the application was so thorough the interview process was quick and easy. I highly recommend Davies & Associates and look forward to working with them again when it's time to renew my Visa.
I had talked with Alex Jovy, he was very quick to respond, had a lot of useful information which I was not aware of. Took time out of his day to discuss my situation and was very helpful. They go into a lot of detail which other companies do not. Overall a great service!
I received an world-class help in how to immigrate to the USA succesfully! Alex was very open to answer my questions and is definitely a professional in what he does! Strongly recommend this firm.
We were in a hurry and Verdie and the team were highly responsive and supportive, even when we threw in some curve balls along the way. We had our visas approved without any issues and felt confident and well prepared for document submissions and the interview. I'd certainly recommend this team for an E2 visa process.
Contact Davies & Associates Offices in United States
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New York Office
1 World Trade Center,Suite 8500 New York, NY 10007
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Los Angeles Office
601 South Figueroa Street Suite 4050 Los Angeles, CA 90017
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155 N. Upper Wacker Dr. Suite 4250 Chicago, IL 60606
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80 S.W. 8th St Suite 2000 Miami, FL 33130
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1075 Peachtree Street NE Suite 3650 Atlanta, GA 30309
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+1 212 537 9196
+1 312 803 6950
+1 305 423 7163
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Looking to acquire an EB5 direct?
We are known for our creative solutions that obtain "impossible" visas, we solve the most complex immigration problems for businesses, investors, individuals, and families.EB5 direct Immigration lawyer near me
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand.Individual seeking 'Impossible' TN Visa
D&A was very detail-oriented and was very thorough in what they did” L1 Visa Client. There was a lot of work on my case and worked on it 24/7 and was very patient answering all my questions.E2 Visa Client
My case felt complex but D&A managed the whole process carefully and helped me move seamlessly from one stage to the next.E2 + CBI Client
D&A was my guiding light through the entire EB5 Process.EB5 Visa Client
I would definitely be a big advocate for the rest of my life for anyone wanting to explore the Grenada Citizenship by Investment Programme leading to the E2 Visa. The most important thing is a good team behind you.. with Davies & Associates you’re in safe hands… you need someone who can give you all the support at the ground level and, again, you are well take care of by D&A. The people are really warm, very helpful and quite openminded when it comes to business… Not to mention as a passport it’s great from a travel perspective…It’s just 4/5 hours from New York.Grenada CBI + E2 Visa Client
The entire process of getting an EB5 visa is handled in a professional way by Mark Davies and his team. EB5 is a wonderful option for anyone considering moving to the United States if you have the means. I was hoping to use the H1B route for my children, but it became unreliable and so I looked to the EB5 Visa instead. It is great for anyone who has the resources. Mark gives you the first meetings himself which gives you great comfort. Both Mark and Sanjay are abundantly available and I even had the pleasure of hosting them at my house.Parent of 2 EB5 Visa Holders
I'm in a process of extending my L1 visa. I submitted a few questions regarding my case and he contacted me back almost immediately both by e-mail and telephone. Unlike other attorneys I met before, he gave me the impression of knowing from the top of his head what kind of visa I have, and what actions had to be taken to extend it. He is very thorough and clear regarding the process and what to expect in terms of timelines and issues that may arise. He is constantly in contact, so you definitely know he's working on your case.L1B Visa Holder
Mark Davies is a joy to work with. His extensive knowledge, speedy response and attentive service took away all my fears of dealing with immigration and visa applications. He is very generous with his time in explaining every step along the way and I have already and will in the future recommend him to anybody who is looking for an immigration lawyer.E2 Visa for Small Professional Business With International Offices
Davies & Associates assisted us with an immigration emergency involving my brother's fiancée who was outside the United States. They assisted us in an highly professional manner, working with the relevant US embassy, US immigration and the governments of two other countries. As a result of their efforts the individual involved is now working in the United States. While their knowledge of the law is exemplary what really distinguishes this firm and attorney Davies from any other firm we have worked with is their dedication to customer service and their unrivaled level of professionalism.Complex Fiancée Visa Need Involving Multiple International Jurisdictions
Several lawyers told me I would not be able to get a TN visa. Two weeks after contacting Davies & Associates I was working in New York, visa in hand. I have recommended this firm to several friends and colleagues, they do an excellent job every time.Individual Seeking 'Impossible' TN Visa
I was qualified as a physician in a foreign country. Being on a J1 visa I was facing having to leave the United States and return to my home country. Davies & Associates secured one of only 30 J1 visa waivers available in my State, allowing me to work for a US hospital and remain in the United States.Doctor Seeking J1 Visa Waiver
I am very satisfied with the services Mark Davies has provided me. He has a very extensive knowledge in immigration laws and has a thorough approach to any case.U Visa Applicant, A Victim of Crime
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