US EB5 Investor Visa
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Permanent Residency (Green Card) Option for Australian Nationals Investing Money or Starting Businesses in the United States (EB-5)
One of the fastest routes to permanent residency is through an EB-5 visa. If your application is approved, you, your spouse and any children under the age of 21 will receive a 2 year conditional permanent residency. After 2 years, you lodge an application to show that your investment did indeed end up complying with the legal requirements and thus you are eligible for “regular” permanent residency.General Description of the EB-5 Requirements:
To satisfy the EB-5 requirements, you must invest in a new commercial for-profit enterprise that will result in the creation of (or, in some instances, the preservation of) 10 or more full-time jobs for U.S. workers. Currently, the general minimum amount of the capital investment is $1,050,000 USD. However, that minimum requirement is reduced to $800,000 USD for investments made in areas that the government defines as Targeted Employment Areas. The evidence submitted with your application must prove that the invested money was obtained through lawful means.
Individuals may structure the investment themselves or through a Regional Center. A Regional Center is an entity that has been approved by U.S. Citizenship and Immigration Services (“USCIS”) as a qualified entity through which EB-5 investments may be made.Direct Investment Option:
If majority operational control over your business is important to you, direct investment may be your best option. You can move a business to the U.S., build a new one, rescue a troubled one, or purchase an existing one. Another common way to structure this is to invest the requisite amount of money and then act on the Board of Directors of the company (without the need for a daily management function).
A solid written Business Plan that presents a viable commercial enterprise that will satisfy the EB-5 requirements is crucial to the success of an EB-5 petition. We work with a team of specialized financial experts to create these business plans for our clients.Regional Center Investment Option:
If you prefer a more passive role in your investments, investing through a Regional Center may be the best option for you. Regional Centers are designed to pool the investments of multiple individuals into a single project. While you will have some decision-making power with the life of the investment, the Regional Center will take much of the responsibility for running the business and making sure the investment complies with the EB-5 requirements.
Many Regional Centers offer investment opportunities that meet the USCIS definition of Targeted Employment Area and thus only require the reduced $800,000 USD investment minimum.
Only certified investment advisors can legally provide you counsel about what investment to choose. However, we do introduce our clients to different Regional Centers that we know to have good track records of success and we will evaluate the deal documents for any investment you choose to make sure it will comply with the immigration laws.Source of Your Investment Funds:
One of the most important parts of your EB-5 application package is voluminous evidence showing the source of your $800,000 or $1,050,000 investment. In essence, you need to track each of those dollars from the time they are invested back to the point at which they were earned lawfully. For example, if you earned your money as salary and bonuses from a job, you would show past tax returns, employment contracts, payroll documents, etc. Other examples are earnings from the sale of stocks or property, inheritances and gifts—these examples all require that you go back one step further, for example how you earned the money to initially purchase the stock or how the person gifted you money earned that money.
USCIS commonly delays or denies applications because the source of funds is not properly documented. We work very closely with our clients to make sure we put in the strongest documentary evidence possible. To date, we have never had an EB-5 application denied.Creation of 10 New U.S. Jobs
Your investment dollars must create 10 new full-time U.S. jobs (and in some cases saving U.S. jobs will qualify). While the strongest applications have already created these 10 jobs at the time of submission, you can also submit an application with a strong business plan that shows credible projections to create those full-time positions in a reasonable amount of time (2-3 years).
If you are doing a direct investment, those 10 full-time positions need to be employed within the new commercial enterprise. One benefit of investing through a Regional Center is that the law allows them to use economic models and count “indirect” jobs created by your investment dollars, meaning they are not directly employed by the enterprise you invested in but your investment tangentially created the need for these full-time positions. The reputable Regional Centers will provide a report from an economist that analyses the direct and indirect jobs that will be created and attests that at least 10 jobs will be created by your investment dollars.Can I Work At Other Companies if I Receive an EB-5 Green Card?
Yes. Your green card (even the conditional green card given during the first 2 years) and your spouse’s green card allow you to work at any U.S. employer. So it is common for people to invest through a Regional Center and then enter the U.S. and seek daily employment at a U.S. employer or start a small business of their own.I Do Not Have $800,000 USD to Invest, Are there Other Options?
There is a temporary visa “version” of the EB-5 called the E-2 treaty investor visa that Australian nationals are eligible for. There is no legal minimum requirement for how much you need to invest to qualify, though the law says it must be “substantial” and $100,000 USD is an amount that is often considered to be substantial.
If you are an Executive or Manager for a business in the Australia (or anywhere outside the US), you may be eligible for an L-1A visa that would allow you to move to the U.S. to lead the start-up on a new company that has a qualifying relationship to the continuing business in Australia (or wherever it is located). After being in the U.S., people holding this visa often apply for permanent residency based on this position (EB-1C).
You can e-mail us or call our office (1-312-803-0360) to discuss your investment options.
Contact Davies & Associates Offices in Australia
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I had a great experience with Davies & Associates. They are very thorough in the approach and their have experts in this field who know the domain very well.I would certainly be leaning onto them for any future needs as well.
Thanks to them for handling my E2 visa very professionally. I had a study visa from F1 and changed it to E2. I encountered many problems during the application process. Verdie and Etta were very patient in helping me and it took a long time. I highly recommend this place.
Outstanding Immigration Attorney: Highly Recommended! Rating: ⭐️⭐️⭐️⭐️⭐️ (5/5) I had the pleasure of working with Verdie Atienza and his team at Davies & Associates , a top-notch immigration attorney in the United States. Their professionalism, expertise, and dedication throughout the process were exceptional. With in-depth knowledge of immigration law, they provided accurate advice and addressed all my concerns, instilling confidence. Verdie Atienza and his team meticulously reviewed my documentation and maintained excellent communication, keeping me updated regularly. What sets Davies & Associates apart is their unparalleled attention to detail. Communication with Verdie Atienza and his team in USA and Sukanya Raman in India was always prompt and efficient. They promptly returned my calls and emails, providing regular updates on the progress of my case. This level of responsiveness and transparency significantly reduced my stress levels, as I knew I could rely on their support and guidance throughout the entire process. Their personalized approach, ethical conduct, and genuine care for my success made them an outstanding attorney. I highly recommend Davies & Associates for all your immigration needs.
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.
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.
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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