Unless otherwise indicated, the petition stated in this quotation refers to immigrant petition for Immigrant Investor under the United States Immigration and Nationality Act.
Immigrant visas are for individuals seeking to immigrate to the U.S. and seeking permanent residence (Green Card) may be available for job offers in identified occupations in which U.S. workers are in short supply or in other specific categories. These employment-based visas are divided by preference categories with specific quotas, skill requirements and per-country caps.
United States Citizenship and Immigration Services (USCIS) administers the EB-5 Immigrant Investor Program, created by U.S. Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. Under the EB-5 program, foreigners can make an investment in a U.S. business or investing through regional centres designated by USCIS and obtain a Green Card. To meet EB-5 investor visa requirements, foreigners must make an “at risk?capital investment of $900,000 USD or $1.8 million USD, depending on the geographic location of the project you invest in.
This particular petition falls under the fifth-preference employment-based petition, which has 10,000 annual immigrant visas allotted to it. Since there has been a drastic increase in the number of EB-5 program participants since 2011, the EB-5 visa category has a long wait time for individuals of certain countries, including mainland China and Vietnam nationals. At the moment, it takes the USCIS 36 to 70 months process the application, and another 5 years of wait time for the immigrant visa to become available for China-mainland born applicants. Investors entering the U.S. with the EB-5 immigrant visas will be granted Temporary Green Card which is valid for 2 years. Investors must file Form I-829 to remove the conditional restrictions on the Temporary Green Card within 90 days before the expiration of the temporary Green Card. Upon approval, the investors will be granted Permanent Green Card (valid for 10 years). The current processing time of Form I-829 is 33 to 54 months. Due to the prolonged processing time, this visa category is suitable for people who are planning to immigrate to the U.S. in a later time.
If the EB-5 petition is approved, family members of the principal applicant are entitled to receive Green Card. Qualifying dependents include spouse of the visa holder, as well as minor unmarried children under the age of 21.
All applicants who meet the eligibility criteria specified in the Section 3 of this quotation may apply for the EB-5 immigrant classification in the United States.
- United States EB-5 Immigrant Visa Application Fees
Our fees for handling the application for EB-5 immigrant visa to enable a foreigner to acquire Green Card is USD20,000. An extra USD2,500 will be charged for each dependent Green Card. In particular, our fees cover the following services:
| (1) |
Providing advices regarding the application for EB-5 visa in the United States in general; |
| (2) |
Providing assistance for the preparation of documents required for the client; |
| (3) |
Review petition documents prepared by applicant(s); |
| (4) |
Preparation of petition letter(s) and application form(s); |
| (5) |
Submission of petition package to the USCIS; |
| (6) |
Liaison with the USCIS regarding the petition; |
| (7) |
Report the application status to the client; |
| (8) |
Visa Application Processing at the U.S. Embassy after approval; |
| (9) |
Preparing Client for Interview at U.S. Embassy; |
| (10) |
Prepare and file Form I-829 to remove conditions of the two-year conditional residency on behalf of client. |
Note:
| (1) |
The fees quoted above excludes the government fee. |
| (2) |
The fees stated are exclusive of delivery charge, if any. |
| (3) |
The fees stated exclude document translation fee. Please contact us for quotation if you wish to employ us to translate the documents. |
| (4) |
The aforementioned fees do not include the preparation of business plan (if applicable). If you wish to appoint us to prepare the business plan, please contact us for quotation. |
- Payment Term and Method
Upon receipt of confirmation of engagement, we will issue an invoice and email it together with detailed wire instructions to you. Because of the nature of services, we require full payment in advance. In addition, once service is commenced, no service fees will be refunded. We currently only accept check, cash or TT and credit card payment through PayPal. If invoice is settled by PayPal, an extra 5% service fee will be charged.
If Taiwan uniform invoice is required, a Business Tax at 5% of the invoiced amount will be charged and collected.
- Eligibility Criteria
Applicants must satisfy the below requirements if he or she wishes to immigrate to the U.S. through the EB-5 Immigrant Investor Program.:
| (1) |
Invested in, or are actively in the process of investing in, a “for profit?new commercial enterprise; |
| (2) |
Upon approval, applicants will manage the new commercial enterprise (either through day-to-day managerial control or through policy formation); |
| (3) |
Invested or are actively investing the required amount of capital (the investment capital must be obtained through lawful means); |
| (4) |
The new commercial enterprise will create at least 10 full-time positions for qualifying employees; |
| (5) |
Number of existing employees is, or will be, maintained at no less than the pre-investment level for at least 2 years. |
The above-mentioned eligibility criteria may be subject to change from time to time by the Immigration Department without prior notice. Please consult with Kaizen Consultants for more information.
- Procedures and Timeline
The petitioner (applicant) must file an immigrant petition with the United States Citizenship and Immigration Services (USCIS) in order to obtain the EB-5 classification. Once the petition is approved, the approved petition is sent to a U.S. consulate where the applicant can obtain an EB-5 visa to enter the United States. If the applicant is already in the United States in a different nonimmigrant category, he can apply for adjustment to conditional permanent resident status. Please note that the initial issued Temporary Green Card has a validity period of only 2 years. Investors must submit Form I-829 within the 90-day period immediately before the second anniversary of their admission to the U.S. as a conditional permanent resident to convert the Temporary Green Card to a permanent one (valid for 10 years). In general, Kaizen can acquire the Temporary Green Card for
you in 39 to 73 months, and the Permanent Green Card in 97 to 118 months. Please be noted that in the case USCIS finds the submitted documents to be insufficient, it may request for additional evidence that the application time shall be extended.
- Documents and Information Needed
The applicant is required to prepare and provide the following documents and information for the purpose of application for EB-5 visa:
Creation of New Commercial Enterprise (NCE):
(1) Articles of Incorporation of NCE;
(2) Statement of Information of NCE;
(3) Bylaw and Minutes of NCE.
Ownership and Capitalization of NCE
(1) Stock Certificates and Ledger Showing the Investors?Ownership of NCE;
(2) Agreement for Transfer of Share from Previous Shareholder to the Investor (If Applicable);
(3) Director’s Resolutions Regarding the Transfer of Shares from Previous Shareholder to the Investor (If Applicable).
Evidence the NCE is Located in Targeted Employment Area (TEA)
(1) TEA Designation Letter;
(2) Lease Agreement.
Evidence of Required Investment Capital Into NCE
(1) U.S. Entity Bank Statements;
(2) Cancelled Checks.
Source of Fund
(1) Investor’s Declaration Regarding Source of Fund;
(2) Bank Statements Showing the Transfer of Fund.
Capital at Risk/Start-up Operations
(1) Business Plan;
(2) Tax Return and Financial Statements of NCE;
(3) Recent Bank Account Statements of NCE;
(4) Photos of Business Premises;
(5) Proof of Business Insurance;
(6) Recent Utility Bills;
(7) Copy of Business License and Permits;
(8) Sales Invoices, Contracts, Purchase Agreements;
(9) Product List, Brochures.
Creation of 10 New Full Time Jobs
(1) Proposed Organizational Chart;
(2) Recent Payroll Record;
(3) Form I-9 of Employees and Supporting Documents.
Dependents:
(1) Passport Biological Page;
(2) Documents to Establish Relationship with the Beneficiary (Notarial Birth Certificate).
All documents submitted must be in English or translated into English by a certified translation body.
*The Immigration Department reserve the right to demand further documents from the applicant or employing company as and when necessary.
- Application Procedures
The table below shows the estimated time frame for each steps for the application process:
Step
|
Procedure
|
Responsible Party
|
Working Days
(estimated) |
| 1 |
Interview with our immigration consultant.
|
Client
|
Client’s Schedule
|
| 2 |
Sign and return retainer agreement along with retainer fees.
|
Client
|
Client’s Schedule
|
| 3 |
Complete questionnaire and prepare the documents specified in the checklist.
|
Client
|
Client’s Schedule
|
| 4 |
Upon receipt of the aforesaid documents, our firm will prepare the immigration filing package. |
Kaizen
|
3 -4 Weeks
|
| 5 |
Sign back immigration forms and letters to our firm.
|
Client
|
Client’s Schedule
|
| 6 |
Submission of immigration petition package to the USCIS. |
Kaizen
|
2-3 Days
|
| 7 |
Receive response from USCIS. If the case is approved, the case will be forwarded to National Visa Centre and we will prepare the visa application and schedule interview appointment. If USCIS requests further evidences (RFE), we will prepare for the response.
|
USCIS/Kaizen
|
Visa Application: 36-70 Months
RFE Response: 2 Weeks
|
| 8 |
Prepare client for visa interview.
|
Kaizen
|
1 Day
|
| 9 |
Obtain EB-5 visa at the consulate and travel to U.S. to acquire Conditional Green Card (Valid for 2 Years). |
Client
|
Client’s Schedule
|
| 10 |
90 days before your conditional permanent residency expires, we will collect documents from you to furnish Form I-829.
|
Client/Kaizen
|
Client’s Schedule
|
| 11 |
Prepare and file Form I-829 to the USCIS.
|
Kaizen
|
3 -4 Weeks
|
| 12 |
Receive response from USCIS. If the case is approved, an permanent resident card will be issued. If USCIS requests further evidences (RFE), we will prepare for the response.
|
USCIS/Kaizen
|
33-54 months
|
Total working days
|
|
97-118 Months
|
Note:
(1) The estimated time is based on high cooperation between Kaizen and the client.
(2) The estimated time does not include delays caused by relevant government agencies.
|
