PERMANENT RESIDENCY IN THE UNITED STATES THROUGH EB-5 INVESTOR VISA PROGRAM FOR UK NATIONALS

For many UK Nationals the EB5 investor visa program is the fastest route to the right of permanent residency in the United States.

Each month EB5 investors trust D&A as their legal advisor of choice to guide them through the EB5 process.

EB5 – The Basic Program

The EB5 program requires applicants to make a qualifying investment in a project that results in the creation of ten US jobs. In return, the applicant is granted the right of permanent residency in the U.S. Permeant Residency in the U.S. is also known as “Green Card” status.

What is the Amount of Qualifying Investment for EB5 Purposes?

At the current time the required investment is:

• USD 800,000 if the project is in a Target Economic Area (“TEA”) or rural area; or
• 1,050,000 Dollars if the project is located outside and TEA or rural area.

How to make a Qualifying EB5 Investment – Two Types of Investment.

While the overwhelming majority of qualifying EB5 investments are made through a Regional Center some investors choose to pursue a Direct EB5 investment. A Direct EB5 investment is simply a qualifying investment not made in a Regional Center.

A Direct investment is commonly structured so it is made in an investor’s own business. In a Regional Center case funds invested are commonly managed by the Regional Center and deployed by the Regional Center to fund a qualifying project.

What is a Regional Center?

A Regional Center is a private entity authorized by the US government to arrange EB5 qualifying investments.

One of the most significant differences between a Regional Center and a Direct investment lies in the way EB5 qualifying jobs are counted. While a investors in a Direct project can only count the jobs directly created in the project a Regional Center can count jobs created or implied in the economy. As a practical matter this means that a Regional Center project is able to accommodate more investors.

While EB5 law requires that an investor materially participate in a business Regional Center investments tend resemble passive investments.

What is a Direct EB5 Investment

A Direct Eb5 investment is an EB5 qualifying investment not made through a Regional Center.

What Is the EB5 Process?

D&A’s goal is to assist you and guide you through the entire EB5 process. While many firms conclude their services when their client obtains a permanent Green Cards, D&A continue to work with clients until their capital is returned to them and they have naturalized as US citizens. D&A is proud that many EB5 clients become life-long clients of our firm.

An overview of the EB-5 process can be found by following this link.

Using your Own Business for EB5

Few law firms offer the breadth of experience that D&A lawyers have with opening, acquiring or expanding a US business so as to qualify the owners and investors for permanent residency in the United States. This requires the combined efforts of Eb5 and corporate lawyers.

Amongst multiple other examples, D&A’s lawyers have assisted investors obtain US investor visas by:

• Opening a chain of hair salons
• Opening medical testing centers
• Opening trucking and logistics companies
• Opening a manufacturing facility funded with State tax credits
• Opening a large wind farm
• Opening a fashion design business
• Opening a printing business
• Opening food franchises
• Acquiring and restructuring a hotel
• Opening a yoga studio
• Opening retail businesses