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Services Offered to EB-5 Investors

Case Evaluation

Our firm will meet with you and evaluate the following:

  • Your eligibility for the EB-5 visa
  • Possible issues of inadmissibility
  • Accredited investor status
  • Ability to prove lawful source of funds and clear path of funds
  • Whether other types of visas may be better suited to your needs and goals
  • Your investment selection criteria, including review of your personal and professional background, financial situation, risk tolerance, industry preferences, and other pertinent characteristics to better understand your preferences and requirements in choosing among regional centers.

Initial Evaluation of Regional Centers

We will assist you in narrowing the choice of regional center to the three best suited to your objectives. We will:

  • Share with you the information we have concerning the history, performance, financial and management features of the various regional centers
  • Provide you with up to 10 executive summaries of the main business, financial, historical and organizational features
  • Analyze selected regional centers' compliance with legal requirements for the application for the EB-5 program
  • Analyze selected regional centers’ compliance with legal requirements for the removal of the conditional nature of the initial permanent residence status
  • Conduct research on your behalf where we will contact selected regional centers as your attorney to develop additional information needed to evaluate the regional centers and their investment projects.

Review of Offering Documents

For the three regional centers of greatest interest to you, we will review the subscription agreement and partnership agreements and other documents provided by the regional centers.

Review of Financial Statements

We will help you obtain the following financial documents from the selected regional centers:

  • Cash flow statements
  • Net worth statements
  • Other available financial documents to help assess the financial strengths and weaknesses of the three regional center projects you have selected.

Please note, however, that we are not financial advisors and we will not assess the financial strengths and weaknesses of the projects for you. We will assist in connecting you with a qualified financial advisor with whom you can review the financial documents and assess the financial strengths and weaknesses of the projects that interest you.

Interview of Principals of Selected Centers and Project Managers

We will contact the principals of regional centers and project managers to discuss their investment projects, pose questions, and assess the principals’ knowledge and character.

Preparation and Submission of I-526 Petition

Once the investor has selected a regional center, we will prepare and submit the I-526 petition. The process includes the following steps:

  • Review client’s professional, business, educational and financial profile
  • Review client’s personal and family background
  • Review and refine client’s curriculum vitae
  • Develop plan for sourcing funds for investment
  • Document path of funds from client’s personal bank account to regional center account
  • Request supporting documents form client; review and assemble
  • Prepare Form I-526 and send to client for signature and return
  • Assemble petition package (500-1,000 pages)
  • Review, correct and refine petition
  • Send PDF to client for final fact check
  • Express mail petition to USCIS in Lewisville, Texas.

Adjustment of Status or Consular Processing

Once the I-526 petition is approved, the EB-5 investor may apply for lawful permanent residence status (the “green card”) in one of two ways.

If the client is in lawful status in the United States:

  • Prepare forms I-485, (Application to Adjust Status), I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document)
  • Collect supporting documents, assemble and submit to USCIS.

If client is outside the United States:

  • Submit forms and documentation requested by the National Visa Center, including the DS forms and original documents
  • Assist client in completing medical exams and police clearances
  • Prepare clients and family members for consular interview
  • Prepare clients for interview at port of entry and receipt of lawful permanent resident status.

Preparation and submission of I-829 Petition

During the three months prior to the expiration of the initial green card, the investor must submit an I-829 petition to remove the conditions on initial residency. Failure to timely file this petition will result in termination of green card status.

The I-829 process includes the following steps:

  • Collect and evaluate regional center documentation, including documentation demonstrating that the client’s investment created at least 10 jobs
  • Examine regional center project to determine whether there has been any “material change” in the business plan since client’s I-526 was approved
  • Collect information from client and regional center demonstrating the client’s capital investment was made in accordance with the regional center’s business plan
  • Submit petition to USCIS. 

©2024 Carlton Fields, P.A. Carlton Fields practices law in California through Carlton Fields, LLP. Carlton Fields publications should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information and educational purposes only, and should not be relied on as if it were advice about a particular fact situation. The distribution of this publication is not intended to create, and receipt of it does not constitute, an attorney-client relationship with Carlton Fields. This publication may not be quoted or referred to in any other publication or proceeding without the prior written consent of the firm, to be given or withheld at our discretion. To request reprint permission for any of our publications, please use our Contact Us form via the link below. The views set forth herein are the personal views of the author and do not necessarily reflect those of the firm. This site may contain hypertext links to information created and maintained by other entities. Carlton Fields does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside sites.