The EB-5 Immigrant Investor Program is a permanent residence option for investors from any country. For many foreign nationals, it is often the best option, and for those with no family or available employment-based options in the U.S., it may be the only viable option to obtain permanent residence status.
The EB-5 Investor Immigrant category requires an initial investment of at least $800,000 or $1,050,000 (depending on the where the project is geographically situated) in a new commercial enterprise that will result in the employment of ten full-time U.S. workers.
Direct EB-5 projects require the investor to invest in a business that will employ at least 10 full-time U.S. worker employees. Regional center EB-5 projects allow for the employment creation to be indirect or induced jobs based on economic projections. For both, it is vitally important that investors are able to provide documentation of the lawful source of the investment funds.
The process for obtaining an immigrant investor visa is highly complex and takes long-term, strategic planning. Unfortunately, things do not always go as anticipated, often once the investor has already expended substantial capital, resources, and time in a project. This can affect the goal of obtaining permanent resident status.
It is important to understand that an EB-5 investment project is not organized “overnight.” It takes a great deal of coordinating and collaboration amongst many professionals (lawyers, accountants, translators, project managers etc.) to reach the end of goal of becoming a U.S. permanent resident. The longevity, sustainability and economics of the investment might not have been placed at the forefront when starting the project. This may lead to problems over time that put the viability of the investment, and hence, the immigration status, in jeopardy. Often, due to the long-term nature of the investment, and competing interests, it is the subsequent generation (i.e. the children of the initial investor(s)) that become more interested in being able remove or satisfy the conditions tying the investment to their immigration status to be able to become permanent residents.
If a project does not go forward, is failing, or is the subject of fraudulent activity, we may be able to assist and help investors protect their immigration interests and/or investment. Frequently, when EB-5 projects go awry, complications arise because investors have no idea how to communicate with other investors or the project’s sponsors or managers. We have successfully organized EB-5 investor groups so that investors can jointly pursue relief. If needed, we may be able to proceed with litigation or arbitration to protect your interests.
We can also help to re-establish your trust in the professionals you will need to attempt to get your project back on track. We have experience in tailoring and coordinating the team of professionals needed to attempt to salvage such a project. Contact us to evaluate your project and to discuss whether you have legal recourse for an investment that did not go as planned.
