Information about earning a US Green Card with the EB-5 Program

The EB-5 program was created by the US Congress in the early 1990s to allow foreign investors to earn a permanent US green card by investing capital into job creating projects in the US. Under the EB-5 program, qualified investors may invest into a job creating project affiliated with a US Citizenship and Immigration Services (USCIS) designated regional center.

The key to the EB-5 program is job creation. The EB-5 program requires a minimum of 10 new EB-5 eligible US jobs be created for credit to each investor, in order for the investor to be eligible for a US visa. We structure our EB-5 investment projects with the objective of reducing the risk that the required new US jobs are created for credit to each investor.

Currently, the minimum required investment amount is $500,000 USD. The investor, his or her spouse and children under 21 are included with the single investment. For updates about the EB-5 program, please see EB-5 Program News.  See below for more information about the EB-5 program.

OUR LATEST  EB-5 PROJECT

 

NOW ACCEPTING QUALIFIED EB-5 INVESTORS

 

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Hospitality Campus II

in Amherst, New York


Common questions about The EB-5 Program

+ What is the first step?

A potential EB-5 Investor must first sign a Non-Disclosure Agreement and complete an Initial Information Form which will help determine if the potential Investor meets the basic requirements for an EB-5 visa. There is no cost to complete this form, and it does not require the investor to invest or proceed with the EB-5 process. Rather, these only provide initial information and insure confidentiality.

For a copy of the Non-Disclosure Agreement and Initial Information Form, please follow this link. Then return the completed forms as described in the link.

Contact Us To Get Started

+ What are your current EB-5 investment projects?

EB-5 New York State is currently accepting qualified investors for the Hospitality Campus II project in Amherst, New York.

Click here for more information about our current EB-5 investment project.

+ What is the process of earning an EB-5 green card?

The following is the basic process for EB-5 investors in EB-5 New York State, LLC projects. The following information is NOT legal or immigration advice, but is simply general information which applies to many EB-5 investment projects (though not all). Each potential EB-5 investor is encouraged to closely examine any potential investment project and receive advice from independent immigration and other counsel before making any investment decision.

STEP 1: NON-DISCLOSURE AND SUITABILITY

A potential EB-5 Investor must first sign a Non-Disclosure Agreement and complete an Initial Information Form which will help determine if the potential Investor meets the basic requirements for an EB-5 visa. There is no cost to complete this form, and it does not require the investor to invest or proceed with the EB-5 process. Rather, these only provide initial information and insure confidentiality.

For a copy of the Non-Disclosure Agreement and Initial Information Form, please contact us.

STEP 2: INVESTOR EXAMINATION OF THE EB-5 INVESTMENT

In order to earn an EB-5 visa, an immigrant investor must invest $500,000 or more into an EB-5 investment project (the "Company" which is referred to as a "New Commercial Enterprise" in the EB-5 program) which meets the requirements of the EB-5 program. The investor's $500,000 investment is made based on the terms of the Company's Private Placement Memorandum, which includes detailed information about the investment and risks associated with making the investment.

The Company will provide each potential immigrant investor with a copy of the Private Placement Memorandum and will, to the best of its ability, answer any questions asked by the potential investor. Each potential investor is encouraged to thoroughly read all documentation provided and to get advice from his or her immigration attorney, tax counsel and other advisers, and to ask any questions which the investor, his or her attorneys and advisers may have.

STEP 3: SUBSCRIBE TO INVEST AND PAY PROCESSING FEE

Once he or she has decided to proceed with an investment into the Company for the EB-5 process, an investor will:

  • Subscribe to Invest by completing the Company's Subscription Agreement and
  • Paying the appropriate Processing Fee.

The Company will assist the Investor, his or her immigration attorney and advisers and others, as they complete and file the Investors I-526 Petition.

STEP 4: ACCREDITED INVESTOR

Each investor must be an accredited investor (as described in the Company's Offering Documents). The Investor, generally as a part of the preparation of the I-526 petition, will provide evidence that he or she is an accredited investor. The Company works with independent 3rd parties to verify the accredited investor status of each investor.

STEP 5: BROKER DEALER REVIEW OF DOCUMENTATION

The Company works with Primary Capital, a US registered Broker Dealer, as the Placement Agent for all EB-5 securities sold. Primary Capital will review all investor information to insure compliance with US Securities requirements for a 506(c) securities offering.

STEP 6: TRANSFER $500,000 TO ESCROW OR AS INSTRUCTED

Before a potential immigrant investor applies for an EB-5 visa (files an I-526 petition), he or she must transfer $500,000 to an escrow account or as otherwise instructed by the Company. These funds are invested as is described in the Private Placement Memorandum.

STEP 7: FILE I-526 PETITION

The investor's attorney files the investor's I-526 petition with USCIS. The I-526 petition is the initial petition which must be approved by the U.S. government in the EB-5 process. If an investor does not have an immigration attorney, the Company can provide a list of attorneys for the investor to consider.

STEP 8: USCIS ADJUDICATION OF THE IMMIGRANT INVESTOR'S I-526 PETITION

USCIS adjudicates each immigrant investor's I-526 petition to determine if the investor and the project invested into meet the requirements of the EB-5 program. Please see the following for information on the USCIS current average time to adjudicate an I-526 petition.

USCIS Processing Times

STEP 6: VISA ISSUANCE

After the investor's I-526 petition is approved, USCIS sends the petition to the Department of State, National Visas Center (NVC), for a visa to be issued pursuant to their requirements. An investor can apply for a visa in his or her country, or for a change of status in the US (please speak with your immigration attorney for further information). It is important to note that the approval of the Investor's I-526 petition makes an Investor eligible for a US visa (green card) but that alone does not guarantee that the Investor and his or her dependent will actually receive a US green card. The Investor and his or her dependents must meet the requirements for the issuance of the visa.

Note: EB-5 New York is one of a few Regional Center's with Immigrant Investors who have achieved I-526 petition approval, the issuance of US green cards, the I-829 petition for the removal of the conditions on the green card, and the full repayment of the Investor's $500,000 investment.

STEP 7: CONDITIONAL PERMANENT RESIDENCE

Upon issuance by the NVC, the immigrant investor, his or her spouse and minor children are granted US Conditional Permanent Residence (a "conditional green card"). With conditional residence status, the investor, his or her spouse and children under 21, share all the same rights and benefits of any other US green card holder.

Note: EB-5 New York is one of a few Regional Center's with Immigrant Investors who have achieved I-526 petition approval, the issuance of US green cards, the I-829 petition for the removal of the conditions on the green card, and the full repayment of the Investor's $500,000 investment.

STEP 8: FILE I-829 PETITION TO REMOVE CONDITIONS TO PERMANENT RESIDENCE (REMOVAL OF CONDITIONS ON GREEN CARD)

Between 21 to 24 months following the issuance of the Conditional Permanent Residence, the immigrant investor must file an I-829 petition to remove the conditions on his or her Permanent Residence (to remove the conditions on the green card). In general, in the I-829 petition, the investor must prove that: (1) the investor sustained the investment (made and maintained the investment) and (2) the jobs were created. When the I-829 petition is granted, the conditions on the Investor's Conditional Permanent Residence (on the green card) are removed, and the investor, his or her spouse and children's Permanent Residence status is without conditions.

Once the I-829 petition is approved, the Investor has no further obligations regarding the EB-5 process -- the investor has completed the EB-5 process. There is no further "look back" or requirement to prove the jobs or investment again in the future.

Note: EB-5 New York State is one of a VERY FEW Regional Center's with Immigrant Investors who have achieved I-829 petition approval

STEP 9: RETURN OF EB-5 INVESTMENT

The Company will work to return the Investor's investment as described in the Private Placement Memorandum. US law prohibits making any guarantee of a return of the $500,000 investment (or a return on the investment). The Company's Private Placement Memorandum describes how the Company intends to return the investment. Investors in EB-5 New York State, LLC's affiliated EB-5 investment projects have been returned their investment.

Note: EB-5 New York is one of a VERY FEW Regional Center's with Immigrant Investors who have received the full repayment of their EB-5 investment.

For further information on the EB-5 process, please contact EB-5 New York State.

+ Have EB-5 investors been successful with EB-5 New York State Regional Center projects?

We have helped immigrant investors and their families earn US permanent residency (US green cards) through the EB-5 program since 2007. EB-5 Investors in our projects are in all stages of the EB-5 process, including Investors who have received:

  • US green cards for themselves and their families,
  • I-526 and I-829 petition approvals and
  • 100% repayment of their investment.

Click here to see our past projects.

+ Do I need an immigration attorney?

Yes. EB-5 New York State requires that all investors in all affiliated projects have their own an immigration attorney with EB-5 experience who will represent that Investor. Your immigration attorney will represent you in your EB-5 immigration process and file your immigration petitions with USCIS.

+ How long does the EB-5 visa process take?

For a list of the current USCIS average times to process EB-5 Program petitions, see the USCIS Service Center processing times online at: https://egov.uscis.gov/cris/processTimesDisplay.do At the bottom of the page, see:

  • See the "Immigrant Investor Program Office (also known as EB-5)," and
  • Click on the link to "IPO Processing Dates" This lists the current average posted times it takes USCIS to process specific EB-5 petitions. For a Form I-526 you can check the status of your case online

+ What is a "Targeted Employment Area"?

A targeted employment area is an area that, at the time of investment, has experienced unemployment of at least 150 percent of the national average rate.

All EB-5 New York State, LLC sponsored EB-5 investment projects are located in Targeted Employment Areas.

+ What is the risk of loss requirement?

The EB-5 Program requires that the EB-5 investment include elements of "risk." Specifically, the EB-5 Investor must have a:

  • Possibility of gain and a
  • Risk of loss of the entire EB-5 investment.
    It is against US law for an EB-5 Investor to be guaranteed the return of, or return on, his or her EB-5 investment. Having a risk of loss of the investment is a requirement of the EB-5 program.

Please note: the EB-5 program does allow a Job Creating Enterprise (often a borrower of EB-5 funds) to guarantee the return of a loan to a New Commercial Enterprise (often a lender of EB-5 funds). This loan model structure, with a guarantee of repayment from a borrower of EB-5 funds to a lender of EB-5 funds, is acceptable, and is NOT a guarantee of repayment to the EB-5 Investor of that Investor's $500,000 investment.

If you learn of an EB-5 investment which "guarantees" the return of the EB-5 Investor's investment, please inform USCIS at USCIS.ImmigrantInvestorProgram@uscis.dhs.gov.

+ Will the Investment Amount Increase to at least $925,000 with new law or regulations?

The US Congress recently considered legislation which would, among other changes, increase the minimum investment amount from $500,000 to between $925,000 and $1,025,000 per investor. In addition, the Department of Homeland Security issued proposed regulations which would increase the investment amount to between $1,300,000 and $1,800,000 per EB-5 Investor.

It is not possible to say with certainty if or when either of these changes may occur.

Because of the significant potential increase in the EB-5 investment amount, we STRONGLY RECOMMEND that any potential EB-5 investor file his or her I-526 petition as soon as possible.

Please contact EB-5 New York State or your immigration attorney for any further information regarding filing your I-526 petition.