A Green Card is a permanent resident card that U.S. Citizenship and Immigration Services (USCIS) grants to foreign nationals verifying their authorization to live and work in the United States on a permanent basis.
The benefits of a Green Card are many: Green Card holders can reside, work, and retire anywhere in the United States, lawfully and permanently. Other benefits include the right to apply for U.S. citizenship after five years (three years if married to a U.S. citizen). Green Card holders can sponsor certain relatives for visas or Green Cards. It is also much easier for Green Card holders to travel to and from the United States.
If an investor applies for a Green Card under the EB-5 Immigrant Investor Program, the investor’s spouse and unmarried children under age 21 each receive a Green Card at the same time as the investor. The investor’s children then qualify for in-state college or university tuition rates, which are lower than for foreign students. And because the investor’s children will not be required to obtain an H-1B visa to work in the United States, they will have a much easier time finding employment in the U.S. after graduation.
In 1990, the United States government created the EB-5 Immigrant Investor Program to attract foreign investment in domestic job-creating projects that stimulate economic growth. When investing in a targeted employment area, a foreign national can invest $900,000 in a new or existing business to participate in the EB-5 program. After demonstrating that his or her investment has created at least 10 jobs, the investor and his or her family become eligible to receive Green Cards.
A TEA is a geographical area that is either considered rural or has an unemployment rate at least 1.5 times the national average. When EB-5 Visa applicants invest in a TEA, they can invest $900,000 rather than the $1,800,000 required for non-TEA areas. Under regulatory updates enacted in 2019, the Department of Homeland Security (DHS) now determines precise TEA boundaries.
Over a period of 2 years, each EB-5 Visa investment must create at least 10 full-time direct jobs for U.S. workers, lawful permanent residents, or immigrants authorized to work in the United States. By pooling funds with other investors in a Regional Center, investors also receive the benefit of indirect job creation counted toward the total job creation requirement.
EB-5 Regional Centers are organizations that the USCIS authorizes to receive and manage EB-5 investor funds. Each center promotes economic development and job creation within a specific geographical area. For the current project, LeadEB5 is working with National EB-5 Wealth Center of California (https://www.eb5wealthcenter.com/).
The USCIS grants a maximum of 10,000 visas per year through the EB-5 program.
The process steps are as follows:
The initial visa application under the EB-5 Immigrant Investor Program is an I-526 petition. The attorney for a prospective EB-5 investor files this petition with the USCIS. Documentation demonstrating the investor’s eligibility accompanies this petition. I-526 approval entitles the investor to an international travel document and work permit until the investor’s I-485 application is processed.
An I-485 application is the form filed to register an investor’s permanent residence or adjust their previously existing visa’s status if they already reside in the USA. Once this application is processed, the investor receives a conditional Green Card valid for two years. Receiving approval of the investor’s I-829 petition makes the Green Card permanent.
The I-829 petition is the last step in the EB-5 process. The investor’s attorney files this petition with USCIS and provides evidence that the investor has successfully fulfilled all the program’s requirements—particularly that the investment created at least 10 jobs. Green Cards for investors and their family members become permanent at the end of this step.
The USCIS issues conditional Green Cards to the investor, the investor’s spouse, and their unmarried children under 21 years of age after approving the investor’s I-485 application. These conditional Green Cards are valid for two years after issuance. Permanent Green Cards are issued upon USCIS approval of the I-829 petition.
The most common reason for rejection of an investor’s I-526 petition is the applicant’s failure to demonstrate that investment funds were lawfully obtained.
The investor, the investor’s spouse, and their unmarried children under the age of 21, including adopted children, are eligible to receive a Green Card upon USCIS application approval.
The investor’s attorney must submit an I-829 petition within 90 days prior to the conditional Green Card’s expiration. I-829 approval removes the conditions of the conditional Green Card, and investors and their family members can then become permanent U.S. residents.
Green Card holders are subject to the same tax laws as U.S. citizens. Like citizens, the Federal government also taxes their worldwide income as of the date they become residents.
You can find further information about the EB-5 program directly from USCIS at https://www.USCIS.gov/working-in-the-united-states/permanent-workers/eb-5-immigrant-investor-program.
LeadEB5 identifies and offers projects serving U.S. national priorities to eligible foreign investors. The nature of these projects will fulfill the requirements of the EB-5 Immigrant Investor Program. We also actively structure projects to satisfy all criteria that the U.S. government sets for permanent residency.
LeadEB5’s team members have processed over 1,000 EB-5 applications with a 100% success rate.
We only offer projects located in TEAs. Among the benefits of offering only TEA projects is that the minimum required investment amount is only $900,000 per investor, rather than the $1.8 million required for non-TEA projects.
LeadEB5 believes experienced legal counsel is crucial to investors’ success in the EB-5 program. We therefore have partnered with Christian Triantaphyllis, Chair of the Investment Immigration Practice at Jackson Walker LLP. Christian has successfully expedited 1,000 applications to date.
More of Christian’s and other team members’ backgrounds can be found on our About page.
Although fees may vary by project, LeadEB5 currently charges a $55,000 administrative fee. This fee is also disclosed in the subscription documents for each project.
Legal fees depend on the individual circumstances of the investor. These fees are less, for example, if the investor has already lawfully entered the United States under a different type of visa. They can be more for an investor residing outside the United States at the time of filing an I-526 petition. Please contact Christian Triantaphyllis’ office directly for a current schedule of fees.
At LeadEB5, we believe strong government support helps ensure our projects’ success. When LeadEB5 backs a project in a targeted employment area, our team contacts the congress members and senators who represent the area where the project is located. Because the projects we select serve matters of both local and national interest, it is easy to garner support from lawmakers. LeadEB5 has already garnered support from multiple U.S. Congressmen to enable expedited processing of its current investment project.
LeadEB5 invests in manufacturing, energy, and green projects that serve vital areas of compelling national interest. Our current project, BreezLyte LLC, produces N95 respirators to address the massive domestic and global shortage of N95 personal protective equipment for medical personnel and other essential workers.
LeadEB5 typically forms an investment fund that serves as a special purpose vehicle to invest in the targeted job-creating company. Investors make an equity investment in the fund. Investors will each own a membership interest unit in the fund; these membership interests comprise 100% of the ownership of the fund.
The fund, in turn, will provide the investment as a secured loan to the target company. The collateral securing the loan is the target company’s plant, property, and equipment. The target company provides fixed income returns plus income distributions on an equity “kicker” to the fund. The fund distributes a portion of these proceeds each year to cover each investor’s tax obligations. It also retains a portion of these proceeds until each investor in the project receives I-829 approval. In the unlikely event that the initial project fails to produce the required minimum of ten jobs, proceeds retained by the fund will be reinvested in another project to ensure continuity and ultimate success of the investor’s EB-5 application.
At the end of the EB-5 process, each investor receives the remainder of his or her accrued balance of funds, including both profits and his or her initial capital investment.
For the current investment opportunity, LeadEB5 has formed BreezFund to invest in BreezLyte LLC.
An EB-5 investment in one of our special purpose funds must be at-risk equity, as required by the USCIS. The investor cannot directly lend the capital to a fund or a project under the EB-5 program. Although the investments are required to be at risk, we only offer investors projects with an exceedingly high probability of success.
For projects in a targeted employment area, a minimum investment of $900,000 is required. The investor must also provide documentation of a lawful source and path of funds. Examples of lawful sources of investment funds include proceeds from a legal business owned by the investor, proceeds from the sale of stock, the investor’s salary, sale of the investor’s property, inherited funds, gifts, and loans.
The investor should not pose a danger to U.S. society on financial, health, security, immigration violation, or criminal grounds.
No. Although English is the most widely spoken language in the United States, there is no official language, and the government does not require foreign nationals or their family members to speak English under the EB-5 program. Investors who are not fluent in English should retain the services of a professional translator in order to read and understand LeadEB5’s offering documents and marketing materials. Please contact our office for more information.
No. Business experience and education are always beneficial, but they are not required.
There are additional fees that include an administrative fee, legal fees, and fees charged by the USCIS.
The $900,000 investment will be refunded if the USCIS denies the investor’s I-526 petition and all appeals of the denial are exhausted. The administrative and legal fees, however, are nonrefundable.
If the investor’s I-829 petition is denied or the investor does not wish to file an I-829 petition, their equity ownership continues until the investment fund is liquidated. At LeadEB5’s discretion, investors whose I-829 is denied will be returned earlier under extenuating circumstances.
LeadEB5 will try to treat a withdrawing investor like one whose application is denied. However, return of the $900,000 initial investment and other proceeds may not occur until the investment fund is liquidated.
Meeting the deadline to file the I-526 application is purely in the hands of the investor. It depends on the investor’s prompt completion of the investment and timely delivery of any application-related personal information requested by Christian Triantaphyllis. Subject to investor cooperation, Christian will take full responsibility for filing form I-829 within the required timeline to remove the conditional status of their permanent residency in the U.S.
If for any reason a project fails to produce the requisite 10 jobs per investor, any prior returns and capital recouped by the fund will be reinvested in another project to provide continuity of the investor’s EB-5 application as allowed under USCIS rules.
No. The USCIS forbids redemptions for or guarantees to EB-5 investors. An EB-5 investment must be “at risk,” as described in LeadEB5’s offering memorandum.
If you have heard any EB-5 promoter state that the investment is guaranteed they are breaking U.S. law. Please let us know if you encounter any promoter guaranteeing their investments, and we will be happy to report them to USCIS for felony prosecution.
Although the investments are required to be at risk, we only offer investors projects with an exceedingly high probability of success. We further reduce their risk exposure through our investment structure.
Specific risks vary by project. General risks to investors include: