Direct EB-5

Direct EB-5 (“Direct EB-5”) is a direct investment-based case by an investor, requiring either $1 million USD, or, $500,000.00 USD, depending on whether the geographic area is a target employment area ("TEA"). A foreign investor whose goals are to obtain lawful permanent residency through his investment, as well as having the ability to establish a successful business in the United States, through his own past experience and stable financial ability, can have the option of Direct EB-5.


The most distinct advantage points of Direct EB-5 are:

  1. You are in absolute control of your business; and
  2. You can maximize 100% profit from your investment.

Traditionally, regional center investments have been of more interest to developers and businesses because far more investment capital can be raised based upon the increased employment numbers that come from indirect and induced jobs. However, it has become far more difficult to create a new regional center and even then only at great expense and great delays. From the investor’s point of view, fewer and fewer ideal regional center investment options are available in the market due to severe delay in new project approval, thus leading project developers and businesses seeking capital from a pooled investors of Direct EB-5.


Aside from creating direct W-2 jobs from the investment, the Direct EB-5 allows the business or developer to market the project to investors immediately without having to obtain any preapproval from USCIS. Moreover, the need for an economic report to project indirect and induced jobs is eliminated. Direct EB-5 does not need to overcome adjudication issues such as tenancy occupancy jobs, guest expenditure jobs, NAICS codes, bridge financing, etc., associated with regional center applications and regional center projects.
 

Although there may be less problems with Direct EB-5, it is worth noting here that the conditional removal process may be more difficult. Direct EB-5 requires proof of “full-time employment” as direct, salaried employees of ten U.S. workers. 8 C.F.R. § 204.6 (j)(4). Although full-time employment need not be created at the time of I-526 petition approval, past adjudication statistics have shown great strain in getting Direct EB-5 petitions approved based upon a business plan with projected job creation over a two-year period. In order for the investor to have conditions removed after the end of the two year conditional period, USCIS will have to be satisfied that the direct employment creation has actually taken place or will occur in a “reasonable time”. 8 C.F.R. §204.6 (a)(4).


Most I-526 petitions are adjudicated within 18 months after filing. Since the quota is current for this category of immigrants, within three to six months of filing of the I-526, the investor and his or her family who are in the U.S. are able to file applications for permanent residence, employment authorization and advance parole travel documents. For investors and families outside of the U.S., the procedure for issuance of immigrant visas generally averages 5 to 9 months. A general timeline is as follows:


Step 1

  • Attorney works with investor on documenting lawful source of funds
  • Investor invests in project
  • Attorney prepares EB-5 petition package – average 3 to 4 weeks

Step 2

  • I-526 EB-5 petition package filed
  • EB-5 petition approved – average processing time 13 months

Step 3

  • Adjustment of status average processing time 6 to 12 months; consular immigrant visa average processing time 6 to 15 months depending upon U.S. Consulate


You will have to do your own due diligence. An experienced EB-5 attorney may help you with the options available to you. Risk, return and investment strategies must be closely scrutinized in light of preferences, attitude towards risk and certain types of investment opportunities.


We will help you determine whether you are a qualified investor, and what investment scenario is best suited for you, and help you navigate the various available Direct EB-5 projects. 

EB-5 直接投资

在直投项目里,您的资金直接投入到某个看得见的实实在在的实体企业里,您和项目方直接合作,直接产生就业。资金在这个实体运作,您可以在银行对账单里以及在报表里看的清清楚楚。直投项目一般是和项目方直接入股合作,没有第三方融资机构参与,营销费用低,因此投资回报率也更高。创造的就业是实实在在的W-2员工,不是用复杂的计算方法计算出来的,简单易懂。   

 

一般直投项目是资金在同一个项目里一直到拿永久绿卡,不会出现要在贷款到期后再投资到完全不了解的第二个甚至第三个项目里的这种问题。 直投项目里投资人一般都是第一顺位还款人。项目销售或再融资时,投资人作为优先股权,先获得还款。这样投资直投项目更有安全性。


直接投资的好处 


  1. 创造就业的要求
    EB-5项目要求使用EB-5投资资金为每一位投资人创造至少10个全职就业。直投的项目要求投资人投资到的企业创造10个直接就业。

  2. 投资资金的控制
    在直接投资的项目里,投资人可以直接将资金投资到企业里面,因此在整个移民申请过程中,资金会一直在投资人的掌控之下,投资人可以根据生意的进展需要来决定雇佣就业人数的时间。

  3. 投资金额的种类
    直投的项目可以以多种方式,包括现金,设备,库存备货,资产,或其它实体投资。

  4. 项目的市场推广
    直投的项目不需要移民局的任何预批,就可立即寻找投资人,过程比较简单。   
    
  5. 投资人的管理角色
    直接投资项目的投资人在投资的企业里的职能至少是要对企业进行监督指导,投资人有机会得到较高的收益,有日常管理项目的权限。

  6. 法律规条的变化
    其实现在大部分需要修改的法规都是针对区域中心而提出的,针对直投的其实少之又少,所以相对来说,直投是比较安全的,至少不用太担心政策的改变。     

投资移民常见问题