AREAS OF EXPERIENCE

  • Investor Representation
  • Immigrant Visa/Adjustment of Status
  • I-526 Petitions
  • I-485 Applications
  • DS-230 Applications
  • I-829 Petitions
  • Other Immigration Matters
  • DS-260 Applications

Call Pathak and Feldman Immigration Law Firm today at 312-321-4773 to answer your questions and get help to obtain an EB-5 Visa.

How much money must I invest?

Since March 2022, $1.05 million for direct investment`.  Requirement: must prove investment directly creates at least ten (10) full-time jobs within two (2) years of petition approval.

$800,000.00 for Targeted Employment Areas (“TEA”).  Requirement: must prove indirect creation of at least ten (10) full-time jobs.  “Indirect jobs” include collateral job creation too. 

Regional Centers (most in TEA) are government-approved to promote economic growth and the evidentiary burden is lightened.  Investor is not involved in day-to-day management of the business, instead the investor is involved in the policy formation of the fund.  As of April 2, 2023 there were 640 USCIS-approved EB-5 Regional Centers.  Regional Centers can operate multiple EB-5 projects simultaneously.

Although Pathak & Feldman does not endorse the following Regional Centers, we invite foreign investors to do their due diligence in researching them (in addition to the 640 regional centers approved by USCIS as of April 4, 2023):

1.) Green Card Fund

2.) Synergy California Green Hospitality Regional Center

3.) Southern California Commercial Regional Center

4.) YK America Regional Center LLC

Documents required for a New Commercial Enterprise (“NCE”): Matter of Ho-compliant business plan, Regional Center designation, TEA letter (if applicable), economic analysis, offering documents (private placement memo, articles of entity formation, partnership agreement, subscription agreement, loan agreement, collateral agreement for loan, etc.)  NCE will provide a “guide” or “broker” to provide feedback.

Documents required for Job Creation Entity (“JCE”): deed to property (if real estate), market analysis, bank loan commitment, as-built appraisal, proof of developer capital, proof of other capital or lending instruments used, developer track record evidence, method of loan repayment (refinance or sale, etc.).

This chart compares direct investments vs regional center investments

Chart comparing direct investments vs regional center investments

How long does the process take until I receive a Green Card?

The process: once investment enterprise is established and investment funds are in escrow, Immigration Attorney prepares I-526 Petition.

Once I-526, Immigrant Petition for Standalone Investor (USCIS ff=$11,160.00) or I-526E, Immigrant Petition by Regional Center Investor (USCIS ff=$11,160.00) petition is approved, funds released from escrow to NCE and then loaned to the JCE for five (5) years.

Processing time report as of today indicates: 80% of I-526 forms require 55.5 months to process or approximately 4 ½ years at this time. EB-5 Reform and Integrity Act of 2022 (“RIA”).

As of September 1, 2022, USCIS accepts separate fees for the I-526 and the I-485/I-765/I-131 submission.  As of April 1, 2024, I-485 filing fee is $1,525.00.

Can my dependent family members receive a work permit?

Yes, the EB-5 dependents can go to school and work in the U.S. without restriction. Contact Pathak and Feldman Immigration Law Firm today on how to obtain an EB-5 Visa.