Investment-Based Options

The EB-5 program allows you a direct path to permanent residence as an investor without the need to find an employer willing to sponsor you. It can be a much quicker solution for those from countries facing immigrant visa backlogs.

To qualify you must:
  • Invest in a new commercial enterprise;
  • Invest at least $1,000,000 ($500,000 in certain cases) into the business, and
  • The business must create employment for 10 full-time workers within a period of 2-3 years.

(Your investment can be $500,000 if the business is in a "targeted employment area" where the rate of unemployment is 150% of the national average or in a rural area.)

As an alternative to direct investment, there is also the option of investing in established Regional Centers which pool investments and whereby the immigration service has pre-approved certain aspects of the case. Due diligence however should be conducted to ensure that investing in a particular Regional Center meets your objectives.

Your Clark Lau attorney can explain the program to you in greater detail, help you decide whether to pursue direct investment or a Regional Center, provide guidelines for your due diligence investigation, and help you document the source of funds. We can work alongside your team of business, tax, and other professionals or assist you in setting up such a team for your investment. While there are many firms who claim to have expertise in this area, let us share with you our actual experience with such cases.

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