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EB-5 Client Practice

Our Practices

EB-5 Client Practice

The EB-5 visa process is a multifaceted, complex area of law entailing the crossover of several highly specialized practice areas such as immigration, corporate law, business transactions, and U.S. securities regulations. Kelley Kronenberg’s EB-5 Practice Group Attorneys have diverse backgrounds in business, real estate, immigration, investment management and general liability, to better assist EB-5 clients with each transaction. Further, our EB-5 Practice Group is able to assist our clients in multiple languages including: Portuguese, Spanish, French, Italian and Farsi with access to Russian, German, Hindi and Gujarati.

For wealthy foreign nationals, the EB-5 program is often the best visa option available to obtain permanent resident status and a pathway to U.S. citizenship. Kelley Kronenberg’s EB-5 Practice Group guides clients through the complex EB-5 process and assists in all aspects of obtaining residency through an EB-5 Investment.

The EB-5 Immigrant Investor Program, administered by the U.S. Citizen and Immigration Services, is an employment-based visa that provides foreign investors with a method of obtaining green cards through an investment of $500,000 to $1 million in the U.S. economy that creates at least 10 jobs. Congress enacted the EB-5 program in 1990 in order to stimulate the U.S. economy by bringing in foreign capital for job creation purposes. The program not only benefits the U.S. economy because of the job creation element but it also allows developers to create new projects by injecting vetted foreign capital into their construction development projects.

Our EB-5 Practice Group represents developers, established regional centers, entities pursuing USCIS regional center designation, as well as individual EB-5 Foreign investors and their families, offering a full service EB-5 Immigration Practice, which includes:

  • Regional Center Set-Up & Designation
  • Targeted Employment Area Designation
  • Annual Reporting Requirements (I-924A)
  • Project Exemplars
  • Amendments (I-924)
  • EB-5 through Regional Center or through Direct EB-5 Projects
  • Investor Petitions (I-526 and I-829)
  • Source of Funds Analysis and Report
  • Consular Processing or Adjustment of Status
  • Compliance Services
  • Coordination with other EB-5 Professionals including: EB-5 Business Plan Writers, Economists, Securities Counsels, Licensed Broker-Dealers, U.S. and/or Foreign Certified Public Accountants, Tax Attorneys for Pre-immigration Tax Planning Issues, and Translation Service Companies
  • Foreign Language Services: Portuguese, Spanish, French, Italian, and Farsi; with access to Russian, German, Hindi, and Gujarati.

Our EB-5 Practice Group is experienced and highly skilled in assisting investors and their families with all stages of the EB-5 process such as source of funds identification and preparation, adjustment of status and consular processing. Further, our attorneys are familiar with recurring and common issues of certain countries such as India, China, Brazil, Vietnam, Iran, and Venezuela.

The EB-5 visa is for those who want to invest at least five hundred thousand dollars, or one million dollars in a business that can create at least 10 full-time jobs for US residents. The amount of investment needed depends on the geographical area in which the works will be produced. It is also very important to keep in mind that the investment can also be passive in nature. That is, instead of creating a business from scratch, it is possible to invest five hundred thousand dollars in a specific project already started and certified specifically for the EB-5 program. These projects are collected and sponsored by the c.d. Regional Center. This passive investment, however, will allow a profit to be obtained through the interest that is recognized by the structure that transposes the capital.

Members of the applicant’s family:

Parallel to the applicant, the spouse and children under 21, as long as they are not married, can apply for permanent residence at the request of the applicant. Obviously, once the green card is obtained, it will be possible, after the appropriate period, to apply for US citizenship.