Remember , remember
always that all of us  ... are
descended from
immigrants and
revolutionists.

-=Franklin D. Roosevelt
before the Daughters of the
American Revolution=-



We hold these truths to be
self evident, that all men are
created equal, that they are
endowed by their Creator
with certain inalianable
rights, that among these
are life, liberty and the
pursuit of happiness.
.
-=The Declaration of
Independence of the
Thirteen Colonies=-



It has pleased Almighty God
... He has largely
augmented our free
population by emancipation
and by immigration, while
he has opened to us new
sources of wealth, and has
crowned the labor of our
working-men in every
department of industry with
abundant rewards.

-=President Abraham
Lincoln's 1864
Thanksgiving

Proclamation=-



One more Quote for those
inclined:

O, wonder!
How many goodly creatures
are there here!
How beauteous mankind is!
O brave new world,
That has such people in't!


"ENGLISH IS SPOKEN
HERE" AT WANGLAW USA
Photo shows the lobby of Wanglaw
Biulding, Cincinnati, Ohio 45236, USA.

  EB-5 Visa: Immigration to USA Through Investment

N.B. -This vital program has sunset since September 15, 2015 and is in need of renewal by the United States
Congress.


Introduction

Pursuant to Section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), ten
thousand (10,000) immigrant visas per year are available to those qualified individuals applying for permanent
resident status by reason of their launching and operating a new commercial enterprise in the United States.  
This visa is often referred to as the Employment Based Fifth Preference (EB-5) Green Card.   Lawful
Permanent Resident (LPR) status through investment extends to the spouse and unmarried children of any
qualified alien investor.  The option of Naturalization becomes available after five years of  continuous
residence and physical presence in the United States as a permanent resident and such a permanent resident
may petition for United States Citizenship by filing CIS Form N-400.

What is required of the "Alien Investor?"

An "Alien Investor" must establish that a "qualified investment" (see below) is being made in a new
commercial enterprise and demonstrates, using reasonable methodologies, that 10 or more jobs are actually
created either directly or indirectly by the new commercial enterprise through revenues generated from
increased exports, improved regional productivity, job creation, or in the alternate, increased domestic capital
investment in a designated "Regional Center" pursuant to the "Pilot Program" (see Appendix).

What is a "Qualified Investment?"

Permanent resident status based on EB-5 eligibility is available to alien investors, either alone or coming with
their spouse and unmarried children. Eligible aliens are those who have invested - or are actively in the process
of investing - the required amount of capital into a new commercial enterprise that they have established in the
United States. They must further demonstrate that this investment will benefit the United States economy and
create jobs for generally not fewer than 10 qualified individuals number of full-time jobs for qualified persons
within the United States and sustain the issuance of payroll for two years.

In general, eligible individuals include those who establish a new commercial enterprise by creating an original
business, purchasing an existing business and simultaneously or subsequently restructuring or reorganizing the
business such that a new commercial enterprise results; or expanding an existing business by 140 percent of
the pre-investment number of jobs or net worth, or retaining all existing jobs in a troubled business that has lost
20 percent of its net worth over the past 12 to 24 months; and who have invested - or who are actively in the
process of investing - in a new commercial enterprise in the United States.  

What are the Dollar Amount of Investment Required?

The Dollar Amount of Investment is at least one million U. S. Dollars (US$1,000,000), or at least five hundred
thousand U. S. Dollars (US$500,000) where the investment is being made in a "targeted employment area,"
which is an area that has experienced unemployment of at least 150 per cent of the national average rate or a
rural area as designated by OMB; and the new commercial enterprise will benefit the United States economy
and create full-time employment for not fewer than 10 qualified individuals; or maintain the number of existing
employees at no less than the pre-investment level for a period of at least two years, where the capital
investment is being made in a "troubled business," which is a business that has been in existence for at least two
years and that has lost 20 percent of its net worth over the past 12 to 24 months.

Applying for Status as an Immigrant Investor

In order to seek status as an immigrant investor, you must file CIS Form I-526, Immigrant Petition by Alien
Entrepreneur. This Form I-526 must be filed with the payment of the requisite Filing Fee and together with
supporting evidence which clearly and sufficiently demonstrates that the individual’s investment meets all
requirements, such as:

[ ] Establishing a new commercial enterprise,
[ ] Investing the requisite capital amount,
[ ] Proving the investment comes from a lawful source of funds,
[ ] Creating the requisite number of jobs,
[ ] Creating employment within a targeted employment area, and
[ ] Evidence that the alien investor will be engaged in the management of the enterprise, either through the
day-to-day managerial control or through policy formulation.

A comprehensive five to ten year business plan and a corresponding financial budget are useful items to have
for the purpose of the I-526 application and for the successful operation of the new commercial enterprise.

First Getting Status as a Conditional Resident

Upon examination and approval of the I-526 application by USCIS, an investor immigrant, if he or she already
lawfully present in  the United States, may obtain status as a conditional resident by filing with the Service CIS
Form I-485, Application to Register Permanent Residence or Adjust Status and the CIS Form G-325A,
together with the requisite Filing and Biometrics Service Fees.  If the investor is not eligible for adjustment of
status or is outside the United States, the approved Petition will be forwarded to an Embassy of the United
States where the investor and members of his or her family can obtain a visa(s) through consular processing
with the necessary clearances.

Then Getting Lawful Permanent Resident Status By Reason of the Investment

In order to become a lawful permanent resident, eligible investors must file a CIS Form I-829, Petition by
Entrepreneur to Remove Conditions. The I-829 must be filed within 90 days before the second anniversary of
an Alien Investor’s admission to the United States as a conditional resident.  At this time, the applicant must
demonstrate satisfaction of all eligibility requirements.

Seeking Professional Assistance from Counsel

WANGLAW is available is to assist in providing legal counsel respecting the I-526 application process and
the many corollary issues associated with the entire process.  From 1988-1996, Mr. Charleston C.  K. Wang
served as Vice President and General Counsel to Environmental Enterprises Incorporated, Cincinnati, Ohio.  
In that capacity, he gained extensive and practical experience in general corporate matters, with emphasis on
the day-to-day management of legal issues from inside a business organization within a highly regulated and
compliance oriented industry, including employment law, regulatory compliance, risk management, and
management of litigation.

In addition to immigration and nationality law,
WANGLAW provides professional legal counsel on general
corporate matters, and more specifically on matters involving OSHA, EPA, environmental, workplace safety
and health, worker's compensation, administrative law, corporations, , contracts, employer-employee, and
international business (especially Malaysia, Singapore, Taiwan, China, and the Asia-America Pacific Rim).  

FOR MORE INFORMATION ON BUSINESS AND PERSONAL LEGAL SERVICES, CLICK HERE.

Appendix
List of useful US CIS Forms
G-325A, Biographic Information Sheet
I-485, Application To Register Permanent Residence or Adjust Status
I-526, Immigrant Petition by Alien Entrepreneur
I-829, Petition by Entrepreneur to Remove Conditions
N-400 Application for Naturalization

For information on the Immigrant Investor "Pilot Program"  based in designated Regional Centers, click here.    On March 12, 2009, this
"Pilot Program" was extended by the "Fiscal 2009 Omnibus Appropriations Bill,"  H.R. 1105 - for more information,
click here.

For information on current visa availability according to the U. S. Department of State, click here.

Caveat /Disclaimer:  U.S. immigration statutes,  regulations and interpretations of these and other federal, state and local law are subject to change and timely,
competent counsel from a qualified legal professional on current and applicable law to particular facts is indispensable.  This website provides information of a general
nature and such information cannot pertain to any specific set of facts.  For any particular situation, the visitor should obtain counsel from a qualified legal
professional.  The publisher reserves the right to amend the contents of this website at any time and for any reason.






WANGLAW
Charleston C. K. Wang, Esq.
Of Counsel:  Mary Joan Reutter, Esq. & Nazly Mamedova, Esq.
Immigration and Nationality Lawyers in Cincinnati Ohio USA Serving the World
Charleston Wang Immigration Lawyer Cincinnati Ohio  Charleston Wang Immigration Attorney Cincinnati Ohio

The Wanglaw Building
6924 Plainfield Road
Cincinnati, Ohio 45236
United States of America



Phones: 513/793-7776  and 513/891-2888
Fax: 513/793-7779

email: charlestonwang@wanglaw.net

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WANGLAW is a registered tradename
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Mary Joan Reutter & NAZLY MAMEDOVA, Of Counsel
Charleston Wang Immigration Attorney Cincinnati Ohio USA Charleston Wang Immigration Lawyer Cincinnati Ohio USA Charleston Wang Immigration  Law Nationality Law Cincinnati Ohio USA
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