This is a very complex immigration matter and you should be working with an experienced immigration attorney on this. There are so many nuances associated with getting a visa through investment, that it would be impossible to give you a detailed response here. Theoretically, if you plan to invest the amount of money you reference you should be investing it in a targeted employment area. You can get general information on the USCIS website. However, as mentioned before, please retain an attorney who deals with investment visas who will be able to guide you through this complex process. Good Luck.
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To pursue a green card through investment, you will need to retain a legal team including an immigration a attorney and a business attorney. You may also need other professionals such as an accountant or tax attorney. You should start by scheduling a consultation with an immigration attorney in your area experienced in investor immigration matters.
I agree with my colleagues. This is a complex issue and the EB5 has a very high denial rate. You need a legal team which includes an immigration attorney and business attorney. There is too much money at stake to rely on brief internet chats.
My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action.
EB-5 is a very involved process. Please consult with a knowledgeable attorney who handle these types of cases.
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It sounds like this might be a qualifying investment. We will need to look into a few other factors to determine for sure. Please feel free to contact me and we can discuss it in more detail. I am in Austin too.
Myron R. Morales
This is a good question, but it is more complex than it seems.
I devote a substantial amount of time to EB-5 cases (and to intracompany transferee cases), and based on my experience, I would not assume that EB-5 is even a good approach for you. (It may be, but I would not assume so.)
I would recommend first looking very carefully at all other cheaper, easier, and less restrictive options first. I would look at EB-5 only if you can't find something else better. For example, if you are already here as an L-1 intracompany transferee, you may be able to obtain your green card more quickly through that path. To take advantage of that path, though, you would have to qualify for EB-1C, which is essentially the "green card" version of L-1A (i.e., executives or managers).
If you are instead only in L-1B (i.e., "specialized knowledge"), you may be able to qualify for a green card through the PERM labor certification process instead, which might ultimately lead you to a permanent green card faster than EB-5, anyway, depending on where you were born, what type of job you do, and what the job requirements are.
(EB-5 might be a faster path to a "temporary" green card, but then you would have to wait about two years before you could file for a "permanent" green card. Also, many bad things could happen in the meantime that might prevent you from ever converting your temporary EB-5-based green card into a permanent one.)
If you ultimately find that EB-5 is your best option, then you are looking at preparation time of anywhere from about a month to about a year or more, depending on how clear your plan of action is, how fast any related transaction closes, how organized you are, how much experience your immigration lawyer has in EB-5 cases, etc.
As for the government, USCIS normally takes 5-8 months to adjudicate the initial EB-5 petition--although currently USCIS seems to be moving slower and slower on these cases these days. You would then have to apply for your temporary green card, which you should plan on taking another several months to more than a year, depending on whether you file for "adjustment of status" in the United States (instead of doing "consular processing" at a U.S. consulate overseas). (If doing consular processing, the country in which you do that also matters quite a bit.) And as mentioned, you would still have to file for a "permanent" green card a couple years after obtaining your "temporary" green card. That process can take around 5-8 months as well, but can also take years and years if your case is denied and you choose to try to keep your case alive in immigration court. . . .
Anyway, best of luck with your case. If you would like more information about EB-5, you can find more through the link below.
(By the way, this answer is intented to provide only general information. You should not rely on it to take action or refrain from taking action in your particular case. Thanks.)
I will add that you will need to consult with a good securites and corporate attorney as well to assist in your due diligence of the transaction, those sponsoring the investment and the uses of the funds. EB-5 projects will be under increased scrutiny by securities regulators in the coming year.
The foregoing is not legal advice nor is it in any manner whatsoever meant to create or impute an attorney/client relationship.