EB-5 Visa

The United States Citizenship and Immigration Services "USCIS" created the Employment-Based Fifth Preference (EB-5) Regional Center program in 1990 as a tool to promote foreign investment and economic growth in the United States. Also known as the Immigrant Investor Program, EB-5 helps create jobs for American workers while affording eligible foreigners the opportunity to become lawful, permanent US residents.

The EB-5 program allows foreigners to obtain two-year conditional US Green Cards by investing a minimum of US $1 million (or US $500,000 if the project is located in a "Targeted Employment Area" (TEA)).

Within five years of receiving these conditional Green Cards, investors and their families can begin the Naturalization process to become official US citizens (provided each individual meets all federal guidelines associated with the EB-5 Regional Center program) and their two-year conditional Green Cards will become permanent.

Ten thousand conditional US Green Cards are set aside each year for EB-5 immigrant investors, including those who apply through a "Regional Center." A Regional Center is a company or entity that is granted a license by the US government to aid foreign investors by targeting their investment into a defined geographic region of the USA in specific investment projects. The program also allows investors to sponsor conditional Green Cards for relatives, including spouses and unmarried children under the age of 21.

INVESTMENT PROCESS

MICON INTERNATIONAL's In-Country Representatives work with potential investors to guide them through the process of becoming an accredited immigrant investor.

These steps include:

  1. The potential investor submits a contact form through a MICON INTERNATIONAL Representative so we can begin due diligence to determine eligibility;

  2. The potential investors will be asked to provide necessary documentation required by US federal law. No documents should be sent to MICON INTERNATIONAL until formally requested;

  3. Documents should be translated into English and be accompanied by a certificate of translation signed and dated by translator.

Potential immigrant investors are encouraged to have a financial advisor and an attorney who can advise and represent them prior to committing funds. We have formed alliances with companies and entities who can work with our investors during this process. They can work with potential investors in providing financial and tax advice and our list of preferred attorneys can assist MICON INTERNATIONAL investors in the application and immigration process.

With the help of these advisors, the immigrant investor will need to prove
the following:

  1. Evidence of Legitimate Source of Funds – invested capital is lawfully earned. Inheritance, gifts, and loans are acceptable capital, but they must be lawfully earned
    as well;

  2. Proof that the investor has a "level income" or has accumulated sufficient wealth that would enable the investor to allocate those funds to the project.

Potential immigrant investors must also be able to provide certain personal documents. This requirement applies to those foreign investors and their spouses and children (under the age of 21 at the time of application) filing for a green card through this program.

The following documents are necessary:

  1. Articles of organization, if owner of a company;

  2. Certified copies of birth certificates, copies of marriage certificates, and/or divorce decrees and death certificates, if applicable;

  3. Certified copy of any military record should be submitted;

  4. Certified copy of police record from the city where the applicant has resided for at least 6 months since turning 16. These records may include, but are not limited to: information on former arrests, crimes, and court, regardless of amnesty, pardon, or other clemency;

  5. Passport sized photographs of the investor and any dependents must also be submitted.

IMMIGRATION PROCESS

The foreign investor must complete three steps to become a permanent resident
of the US:

  1. Step 1 – Form I-526: To obtain immigrant investor status, the applicant must submit Form I-526, the Immigrant Petition by Alien Entrepreneur Form.

    MICON INTERNATIONAL will work with the foreign investor and his or her attorney to complete the application. Form I-526 and supporting documentation is sent to the US Citizenship and Immigration Services (USCIS) for approval.

  2. Step 2 – Form I-485 or Consular Interview:

    1. Upon approval of I-526, if the investor is outside of the US:
      He or she will need to apply for an immigrant visa at the Embassy in his or her home country. The immigrant and his or her family will need to go through a Consular interview to ensure medical, police, security, and immigration history checks have occurred before the conditional Green Cards are issued;

    2. Upon approval of I-526, if the investor already resides in the US:
      He or she will need to file, with the assistance of the immigration attorney and MICON INTERNATIONAL, Form I-485, Adjustment of Status to Permanent Residence.

  3. Step 3 – Form I-829: Within ninety days before the expiration of the conditional period, the investor completes Form I-829, the Petition by Entrepreneur to Remove Conditions.

    In working with our team, the foreign investor must demonstrate that the investment was sustained over the two-year conditional period and the required jobs were created and held. MICON INTERNATIONAL will assist in providing these documents. If Form I-829 is approved, the conditional nature of the Green Card is lifted and full permanent residence is granted. Both the investor and the investor's family members under the age of 21 will receive full permanent residence.

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Contact Us

MICON INTERNATIONAL
22 West Washington Street
Suite 1500
Chicago, Illinois 60602

E: info@micon.com
T: 734.805.3828