In this video, I want to talk about the EB5 Green Card through investment in 2020 as we
are heading towards 2021, some of the changes, some of the things you need to know. This
is an amazing program for somebody that can afford it and want to get a green card, just
like that. So, what are you waiting for? I'll see you on the other side. Hello, YouTube
family. In this video, I want to talk about the EB5, Green Card through investment. It's
been a while since I've done a video on this particular program. And I wanted to give some
updates, 2020, as we’re heading into 2021. Before that, if you're here for the first
time, make sure to subscribe to this channel, click this bell to be notified so you don't
miss any of our videos or our live videos that we do, at least once a week. And also,
give us a big like, so YouTube is going to be able to show this video to more people
just like you. My name is Jacob Sapochnik. And I'm an immigration attorney based in San
Diego, California. And we do a lot of these EB5 investment visas. And I'm happy to share
my expertise with you in this video. But you have to remember that this video is provided
for informational purposes only. EB5 investments are highly at risk. And so, it's important
to consult with an immigration attorney with your immigration attorney or set up a consultation.
So, let's jump right in. So, if you've thought about getting a green card, and you're here
in the US on a non-immigrant visa or you’re overseas, thinking about moving into the United
States and you have some money to invest, the EB5 could be the perfect program for you.
Generally speaking, the EB5 requires you to invest $1.8 million, or $900,000 if you invest
in a business in a rural with high unemployment area, also known as targeted employment areas
TAs. If you made that investment and you qualify in the requirements as we're going to discuss
later in this video, the government will issue you a green card. Typically, there are about
10,000 of those issued throughout the year. So, why would you even apply for an EB5? The
main reason is that it's pretty fast to get a green card compared to all the other ways
you can get a green card. Well, maybe aside from marriage. But aside from marriage, getting
a green card through the EB5 program is pretty quick. The downside, though, is that there
are a lot of documents and a lot of forms, and you have to prove a lot of things, specifically
the source of the money. But if you do it right, it's a great way to get a green card
and get peace of mind that you're doing it the right way. So, what are the steps to apply
for EB5? And typically, when we work on an EB5, I break it down into two categories.
There is the direct EB5, where you invest in your own project. So, let's say you want
to start a hotel or a factory. You have to invest the funds into your own project or
you can invest in a regional center. These are programs that got a certification or approval
from the government to be able to raise funds from EB5 investors. And then, they are the
ones who control the projects and meet all the requirements of the EB5, and the investor,
he has a passive role in that project. And this is the more common way for people to
get EB5 and is the one that we usually recommend too for investors. Several steps that you
have to follow in order to get an EB5 Green Card approved. The first one is you have to
find the appropriate project. So, if you are doing it direct EB5, you have to find and
define what will be the project, a business plan, location, all the necessary documents
to make sure that your project qualifies under the EB5 rules. The second thing is, when we’re
talking about the project, that if you don't want to go and do your own project, you can
go ahead and invest in the regional center. Under the EB5 regional center, there are certain
areas and projects that are approved as regional centers. And in those projects, investors
can invest funds, more like passive investors. Typically, those funds remain in the projects
for a period of five to six years. And then at the end of the term where the investors
get their green card, they're also able to get their funds back with a certain percentage
of interest. So, in a way, it's like the investors are loaning the money in exchange for a green
card. So, after you find a project, whether it's a direct investment or a regional center,
you actually have to make the investment. So, if you go with the regional center, they
will tell you when to wire the funds. Typically, you have to wire the entire amount, the entire
$900,000 including their other fees, and then the attorney will file Form I-526, The petition
for EB5 with the government. The I-526 consists of a lot of documents in public, the source
of the funds, business plan. If it’s a regional center, all the documents of the regional
center showing the projects and then the job creation. And typically, once the I-526 is
processed, right now it's taking more than 10 months, and sometimes longer for the 526
to be processed, once it's approved, then the investor can move to the next step. Once
the I-526 is approved, the investor can then file for their conditional green card. If
they're in the United States, they can file for their Adjustment of Status, the investor,
and their families. If they're overseas, they can go through the consular processing, and
then they get a conditional green card for two years. The next step is once you have
a conditional green card is to file after two years for Removal of Conditions on form
I-829. The I-829 is typically filed 90 days before the conditional status of the immigrant
investor ends. And it's really important to show that the funds are still in the project,
the investor didn't do anything to change that, they didn't file any different things
about the investor, or nothing has changed with the project. And if all goes well, the
I-829 will be approved, and the investor and their family will get their 10-year green
card. And this is in a nutshell how the EB5 green card program works. It is really important
to know that it is complex. Specifically, if you file directly for your own project,
you really have to know, you have to have a comprehensive business plan to make sure
you satisfy all the requirements of the job creation, the 10 jobs, and all the other things
that the government requires. Otherwise, the case will take forever and eventually may
be denied. If you go to the regional center, it is really important to choose a good regional
center, do your research, talk to a professional financial advisor to make sure that you choose
the right program. And then, of course, choose a good immigration attorney that knows EB5.
He can help you navigate that process. Many people ask, are regional centers safe and
will I get my money back? Well, it's very important for you to do the research and work
with reputable regional center programs that have done it for years and years and return
the money to investors, ask to speak to previous investors to see that it actually happened.
And also, typically, the reputable regional centers will return the money within five
years or so with a small interest. But they do return the money and specifically the ones
that had been around for more than 5, 10 years. There are quite a few of those around and
it's easy to do the research. Do due diligence and do not just rely on an internet search
to find a good regional center. Many people ask about family members. When the individual
investor invests the money, the family will also come with the investor. You don't need
to file separate EB5 applications. It's all under one application. It's just that adjustment
of status will be for each individual family member. What is important to know is if your
kids are under 21, you want to make sure that you file before they turn 21. Otherwise, they're
going to be on their own. So, that's why a lot of investors who are doing this for their
children must be aware of the time limitations on the age out of the children. All in all,
the EB5 is a great program. If you find the right regional center, and you have, obviously,
the money to invest, it's a great way to get a green card fast without being involved in
a project if you invest in a regional center. If you have any more questions, make sure
you leave them in the comments below. Like I said, EB5 visas are definitely in high demand.
Right now, there are certain countries that obviously are capped, but all in all, there
are enough visas to apply if you want to. And it's a great visa, and it's a great program
if you're serious about getting your green card. Once again, if you have questions, let
me know in the comments below. If you're here for the first time, don't forget to subscribe
to our channel so you can see more videos like that where I tell you about all these
amazing visas that we have to be able to make your journey to the United States a little
bit easier. Thank you for watching, and I'll see you in our next video.