| With EB-5 Permanent Resident Visas (Green Cards) |
| You and your family can migrate to the United States and live the American dream. As a lawful permanent resident (“Green Card” holder) your spouse and children will be authorized to work or attend school in the U.S. We assist qualified applicants like yourself to obtain a U.S. Green Card which entitles you and your family to live in any state you choose.
We can guide you through the process:
|
| EB-5 Immigration Investor |
| Visa Description
The fifth employment based visa preference category, created by Congress in 1990, is available to immigrants seeking to enter the United States in order to invest in a new commercial enterprise that will benefit the US economy and create at least 10 full-time jobs. There are two ways to invest which you may use within the EB-5 category and they are: creating a new commercial enterprise or investing in a troubled business. Our opinion is that a troubled business is troubled for a reason, and the odds of capital preservation are better if you invest in a new business, a business set up for your needs from the beginning. Eligibility Criteria New Business Enterprise To qualify you must: 1. Invest or be in the process of investing at least $1,000,000. If your investment is in a designated targeted employment area (“TEA” discussed further below) then the minimum investment requirement is $500,000. Knightsbridge only consults on projects in TEAs. Therefore the minimum investment for our clients is $500,000. 2. Benefit the U.S. economy by providing goods or services to U.S. markets. Our project clients prove this is being done. 3. Create full-time employment for at least 10 U.S. workers. This includes U.S. citizens, Green Card holders (lawful permanent residents) and other individuals lawfully authorized to work in the U.S. (however it does not include you (the immigrant), or your spouse, sons or daughters). Our project clients prove this is being done. 4. Be involved in the day-to-day management of the new business or directly manage it through formulating business policy – for example as a corporate officer or board member. Our investor clients sit on board of directors of our project businesses, and serve as managing members. Targeted Employment Area is defined by law as “a rural area or an area that has experienced high unemployment of at least 150 percent of the national average.” For further detail click on the Laws section of this website and access section 203(b)(5)(B) of the Immigration Nationality Act (INA). Dependents Your spouse and unmarried children under the age of 21 may be admitted to the U.S. with you on a two-year conditional period. If your I-829 petition to remove conditions is approved, then the conditions will be removed from your spouse and children’s Green Card status. As a lawful permanent resident (Green Card holder) your spouse and children will be authorized to work or attend school in the U.S. |
PROJECT CLIENTS
When we refer to “Project Clients,” we are referring to people who have:
1. Set up new businesses in TEAs.
2. Are acting as officers and directors of these businesses, alongside the EB5 investors added as directors as they invest their funds into the business.
3. Proven to the USCIS that the new businesses are sustainable without the EB5 investor’s funding, provide goods and services to the US economy, and create required employment.
We screen our project clients, and insure that they will submit all evidence necessary, in a timely manner, for each investor to qualify for his or her EB5 visa.
The Project Clients and the investors sign investor subscription agreements indicating clearly all equity and profit share, representations and warranties, and other important terms. We screen all agreement to make sure that the investors’ capital is protected (to the extent that the USCIS policies allow*) and the requirements to obtain the EB5 visa are met.
We will introduce you to the right project client, ensure you are protected, walk you through the entire process, and ensure you get your US residency in the shortest time possible.
*Note – USCIS policy is very clear that any investor applying for Form I-526 Petition for an Alien Entrepreneur, must have 100% of his $500,000 at entrepreneurial risk during the entire 5 year period of time the funds must be invested. Thus, it is not possible for any EB-5 petitioner to have any sort of corporate or personal guarantee of their funds.
APPLICATION PROCESS
Acquiring lawful permanent residence (“Green Card”) through the EB-5 category is a three step self-petitioning process. First the successful applicant must obtain approval of his or her Form I-526 Petition for an Alien Entrepreneur. (Within 90 days of proof of funds – see below).
Second, he or she must either file an I-485 application to adjust status to lawful permanent resident, or apply for an immigrant visa at a U.S. consulate or embassy outside of the United States. The EB-5 applicant (and he or her derivative family members) are granted conditional permanent residence for a two year period upon the approval of the I-485 application or upon entry into the United States with an EB-5 immigrant visa.
Third, a Form I-829 Petition by an Entrepreneur to Remove Conditions must be filed 90 days prior to the two year anniversary of the granting of the EB-5 applicant’s conditional Green Card. If this petition is approved by CIS then the EB-5 applicant will be issued a new Green Card without any further conditions attached to it, and will be allowed to permanently live and work in the United States.
We will assist with all forms, and walk our investor clients through the entire process. We provide further information on filing fees, and fee waiver request procedures.
Form I-526 Petition for an Alien Entrepreneur
| Type of Investment | Supporting Documents (Evidence)* |
| New Commercial Enterprise | Evidence that you have established a “for profit” new commercial enterprise. Our project clients provide this.
Evidence, if applicable, that your business has been established in a targeted employment area. Our project clients provide this. Evidence that you have invested or are in the process of investing the amount of $500,000 required. We will handle this via escrow agent for the project clients. Evidence that the investment funds were obtained through lawful means. Evidence that the capital used was legally acquired may be demonstrated by the following:
These above items are very important. If you cannot provide this evidence, you should not consider applying with us. The USCIS is very strict about these policies. Evidence that the new commercial enterprise will create at least 10 full-time positions – not including yourself, your spouse, sons or daughters, or any temporary/nonimmigrant workers. You will need to submit a comprehensive business plan showing that, due to the nature and projected size of the new commercial enterprise, the need for not fewer than ten (10) employees will result, including approximate dates, within the next two-years, and when each employee will be hired. Evidence that you will be actively involved in the management of the new commercial enterprise, (day-to-day or through policy). Our project clients provide all of this evidence in their submissions of business plans. |
Form I-829 Petition by Entrepreneur to Remove Conditions
You must submit Form I-829 within the 90-day period immediately before the second year anniversary of your admission to the U.S. as a conditional permanent resident.
| Type of Investment | Supporting Documents (Evidence)* |
| New Commercial Enterprise | Evidence that you in fact established a new commercial enterprise. This evidence may include, but is not limited to, copies of the business’s organizational documents, and Federal tax returns. Evidence that you have invested the total amount of required funds. Evidence that you have sustained your investment in the new commercial enterprise throughout your two-year period of conditional permanent residence. This evidence may include, but is not limited to, the following:
Evidence of the number of full-time employees at the beginning of your business and at present. Such evidence may include but is not limited to:
|
* Note: Regional center affiliated cases must show that the capital investment was made in accordance with the regional center’s business plan in order to be credited with the creation of indirect jobs.