EB-5′s: The basics

Question: Is EB-5′s as simple as investing $1,000,000 in a business and getting the Green Card?

Answer: It is anything but simple. First, you need to make sure you have an experienced EB-5 attorney to process the case because there are many cases that have multiple issues and problems.

Question: Has the EB-5 decreased with the recession?

Answer: Actually, it has increased. Investing in U.S. is now a very enticing option because of the decrease in dollar and the bad economy. For people outside the U.S. with the sufficient funds, they can get a much better deal than they used to get in years past.

Question: When is the program set to expire?

Answer: There has just been another 3 year extension.

Question: What type of investments are being made?

Answer: Actually, the traditional investment is being used much less. Primarily, there has been such harsh adjudication of the typical investment that people have been turning much more to Regional Centers. Actually, about 70-80% of EB-5′s now are with Regional Centers investors. Regional Centers could be for graduating students with presents of $500,000 from parents; retirees to not want to work every day; very successful businesman who’s children are having trouble getting into their own country’s schools or want a better education in the U.S. EB-5 can be used so son or daughter can also adjust and get education in the U.S.

Question: What are the basic requirements if the investor does not invest in a Regional Center.

Answer: EB-5 cases that are not Regional Centers must invest in a new commerical enterprise. Many times on an RFE, the government will require IRS records with someone whom you have no privity of contract. If you purchase an existing business, you MUST show an increase of 40% of the investment. Thus, it would be preferable to start a new business.

There must be a lawful source of funds. You need the 5 last tax returns, proof how you got the funds, how it was transferred, how every penny was brought into the U.S. You can hire a company to help trace where the funds came from which might be better in the long run. If you take the Regional Center route, the 10 jobs can be shown indirectly by an econometric model.

You must do a comprehensive business plan. There is a 2 year requirement time window to show that the jobs will be created.

In sum, each requirement has its own complexities which must be verified, argued and presented.

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I have been a licensed attorney since 1992 and started the Law Offices of Brian D. Lerner, APC. My practice consists of Immigration and Nationality Law and everything involved with and regarding immigration which includes citizenship, investment visas, family and employment visas, removal and deportation hearings, appeals, waivers, adjustment, consulate processing and all types of immigration and citizenship matters.

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We help with clients do Consular Processing all over the world. Of course, we can handle all immigration cases including family based and employment based. Immigration issues range from immigration court proceedings to trying to fix what paralegals may have done that was neither correct nor proper. Foreign nationals must have experience lawyers admitted to practice law. For example, legal representation may deal with preparing a Cancellation of Removal Application or a myriad of other items.

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Many years ago, Brian D. Lerner has passed a rigorous examination and extensive experience requirements by the State Bar of California, Board of Legal Specialization. He can handle the most difficult of immigration cases arising from business visas, work permits, Green Cards, non-immigrant visas, deportation, citizenship, appeals and all other areas of immigration. He received his B.S. Degree in Business Administration, with an emphasis on Computer Information Systems, from the University of Southern California. He graduated from the University of the Pacific, McGeorge School of Law with a Juris Doctorate degree. Mr. Lerner is admitted to the United States Supreme Court, the California Supreme Court and the U.S. Courts of Appeals for the 11th, 10th, 9th, 8th, 6th, 5th, 4th, 3rd, 2nd and 1st Circuits. This means that he can prepare and file all Circuit Court of Appeals and U.S. Supreme Court cases. As for all immigration matters at the Immigration Courts, USCIS, BICE, BCBP, BALCA, Department of Labor, and the Board of Immigration Appeals, our firm can prepare all matters in every state in the United States, Puerto Rico and Guam. Mr. Lerner has traveled all over the United States to help people with their immigration needs. Mr. Lerner can handle the toughest of deportation cases as well as any appeal, Petition for Review or Motion to Reopen case. Mr. Lerner is frequently present in immigration court, representing individuals in deportation, removal, waiver asylum, withholding of removal and adjustment of status hearings. He has prepared numerous appellate briefs to the Board of Immigration Appeals and other appellate boards at the Bureau of Citizenship and Immigration Services. He has appealed and argued cases in the Circuit Court of Appeals all over the United States. Mr. Lerner has prepared business visas for individuals from all over the world. Our firm has clients from practically every continent on Earth. His visa experience extends to Treaty Traders, Treaty Investors, Intercompany Transferees, Speciality Occupations, Training programs, and NAFTA visas. He has extensive experience in most all other types of visas issued. In addition to his visa experience, Mr. Lerner has prepared Multinational Manager, National Interest Waiver and Extraordinary Alien petitions for highly qualified foreigners. Mr. Lerner’s clients are from all over the United States and many countries around the world. Immigration Law is Federal Law. Therefore, a petition or application would be prepared the same in Texas, Florida, or any other State as it would in California. It is more important for you to make sure that you have an expert attorney in Immigration Law prepare your case, rather than a lawyer who happens to be local. There is too much at stake to just give your case to anyone. Mr. Lerner will fight for you and your family. Since he is married to an immigrant himself, he is committed to helping people from all around the world to come to the United States to realize their dream.

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I have been a licensed attorney since 1992 and started the Law Offices of Brian D. Lerner, APC. My practice consists of Immigration and Nationality Law and everything involved with and regarding [...]