A proposed bill was recently released by Senator Patrick Leahy (D-VT) requesting renewal and changes to the EB-5 Visa Program.  While the nearly 80-page bill covers a variety of topics regarding the EB-5 investment, the main changes relate to the investment amount itself.

EB-5 projects located in Targeted Employment Areas (TEAs) and Regional Centers would increase to $800,000.  Direct EB-5 investments not located in a TEA would increase to $1,200,000.

Other changes to the program include variations to counting indirect job and changes to the TEA designation process.

The EB-5 Visa Program is due to sunset in September, and will likely be renewed with these proposed modifications.  If potential EB-5 investors wish to take advantage of the current reduced EB-5 investment of $500,000, they should contact an EB-5 immigration attorney immediately to begin the EB-5 visa process.  Petitions will need to be submitted before September 30, 2015, or investors may face the increased investment of $800,000 for TEA investments and $1,200,000 for non-TEA EB-5 investments.

Contact EB-5 immigration attorney Kyle Barella to receive a free EB-5 consultation from Barella Law, P.C.  Our EB-5 lawyers and professionals can assist potential EB-5 investors throughout the entire investment process.  We are conveniently located in Northern VA, just outside of Washington, DC.

Kyle Barella | [email protected] | +1 202.621.3198 | www.eb5investmentlaw.com 

By: Kyle Barella

Have you and your family been considering immigration to the United States by way of the EB-5 Visa Program?  EB-5 immigration is a complex area of U.S. law, and you should seek the advice of an experienced EB-5 attorney if you are exploring the possibility of investing in United States.

The EB-5 Visa Program is a path to a U.S. green card through investing $1,000,000 into a U.S. business, in turn creating ten full-time jobs for qualified citizens and permanent residents.  Alternatively, an EB-5 investor can choose to invest $500,000 in a Regional Center project or a direct TEA project.  Both scenarios lead to a green card.

Why now is the time to make your investment.

In just a few short months, in September 2015, the EB-5 Regional Center Program, which allows for the reduced investment of $500,000, is due to sunset.  While it’s more than likely Congress will renew the program, there are serious talks the investment amount will be increased.

As it stands, both a Direct EB-5 investment and a Regional Center investment can be reduced to $500,000 if the EB-5 project is located in a Targeted Employment Area (TEA). 

Washington politicians have discussed plans to increase the TEA investment amount to $800,000.  This nearly doubles the current TEA investment amount of only a half-a-million.

Some politicians, including Republican presidential-nominee hopeful, Jeb Bush, have called for the entire Regional Center / TEA EB-5 option to be eliminated.  As a result, all investors would be required to make a direct $1,000,000 EB-5 investment.

While increasing the investment amount to $800,000 is only speculation at this point, there is strong support among certain members of congress to raise the EB-5 investment threshold.

Potential immigrant investors are encouraged seek out a qualified EB-5 attorney and get started on their investment today.  Though the EB-5 visa is here to stay, the reduced investment has an uncertain future. 

Since the collapse of the Soviet Union in the early 1990s, the United States has welcomed a steady flow of immigrants from Russia – many settling in cities like Miami, New York, Denver, Los Angeles and Baltimore.

Potential Russian EB-5 investors, while prosperous in their home country, choose to leave when government corruption and unpredictability become a factor.  These investors recognize that Russia cannot provide a suitable investment environment to protect their wealth, only economic uncertainty. This is evident with Russia’s recent annexation of Crimea, which has contributed to the Russian ruble and Russian stock market plummeting in March of 2014. The $500,000 EB-5 investment now costs up to 50% more in rubles than it would have just a few years ago. Fortunately, many wealthy Russians who qualify for the EB-5 Visa maintain dollar and/or Euro currency accounts outside of Russia.

With the recent U.S. sanctions in place, can Russian investors expect other uncertainties during the EB-5 investment visa process?

On its face, it appears that unless the EB-5 investor is part of President Vladimir Putin’s “inner circle”, most EB-5 clients will not be directly affected by the sanctions.  However, although the sanctions appear insignificant to most individuals in Russia, recent sanctions against Bank Rossiya for example, prompted Standard & Poor’s (S&P) rating agency to downgrade its outlook for the lender from stable to a negative rating.  As a result, the S&P foresees a deterioration of the bank’s future business and financial profiles. Further, Bank Rossiya can no longer engage in dollar-based transactions, and western banks will not be able to engage in business with them.  This has created immense economic uncertainty in the country. 

The sanctions on Bank Rossiya were meant to directly impact Putin and other top government officials. The actual ramifications to potential investors is beginning to become evident. Economists predicted correctly that the crisis over Crimea would tip the Russian economy into a recession in 2014, which should serve as a push to potential EB-5 Investors to leave Russia sooner.

For more information on obtaining your EB-5 Visa, contact Washington, DC EB-5 lawyer Kyle Barella.  Our office is equipped to handle EB-5 clients in English and Russian.

Kyle Barella - General Counsel, P.C. | +1 (202) 621-3198 | [email protected] | www.eb5investmentlaw.com | www.generalcounsellaw.com


The Information contained in this blog is for information purposes only, and should not be considered legal advice for any individual case or situation.  The information provided is not a substitute for consultation with an attorney.  No attorney/client relationship is created by the information contained herein.

On January 28, Barella Law, LLC spoke to a group of Quebeckers at the annual Conférence Snowbirds en Floride (Snowbirds Conference in Florida) in Aventura, Florida.

The conference was a great opportunity to explain the different immigration options Canadians have to enter to the US.  We also had the opportunity to meet others in professional industries that serve snowbirds in Florida.

Along with our immigration firm, other speakers included a CPA, insurance representative, financial planner, and a Québec attorney.

The conference attendees were very receptive and eager to ask questions.  Barella Law, LLC continues to promote and build a relationship with our clients in Québec, as well as other parts of Canada, and around the world.

We look forward to hopefully participating in next year’s conference.

The wait is over, and you have finally received your US Permanent Resident Card (“Green Card”) through the EB-5 program.  What happens now?  Chances are you’ve spent countless hours researching the EB-5 visa, regional centers, projects, attorneys etc.  However, do you know what your rights, obligations, and responsibilities are as a newly arrived Permanent Resident?

Firstly, an approved EB-5 visa entitles you to a two-year conditional Green Card.  A conditional Green Card is exactly what it sounds like.  There are certain conditions that must be met before you receive a “full-fledged” and renewable Permanent Resident Card.    At the conclusion of two-years, you will need to have an attorney file for you, form I-829, Removal of Conditions.  Provided you show that your EB-5 investment has created the requisite number of jobs among other factors, you will be issued a Permanent Resident Card, valid for ten years.  In the future, you need only apply for renewal of your card before it expires.

As a legal permanent resident, you are entitled to many of the same privileges as United States citizens.  You may live, work, or travel anywhere in the United States.  You and your children can attend school and qualify for in-state tuition breaks.  However, you may not vote in elections, or make any false claims of US citizenship.

One question many immigration attorneys receive is, whether legal permanent residents can spend a significant amount of time outside the US.  The goal of permanent residency is just that – to be a permanent resident of the United States.  Any prolonged period outside of the country may be seen as abandonment of your permanent resident status.  It is important you remember to make the United States your permanent home.  

After maintaining permanent residency for a period of five years, you may be eligible to apply for US citizenship.  Benefits of US citizenship include, the right to vote, obtain a federal job, sponsor family members for residency, and travel with a US passport.

For more information on the EB-5 visa program, or any other US immigration matters, please contact our office.  

The Information contained in this blog is for information purposes only, and should not be considered legal advice for any individual case or situation.  The information provided is not a substitute for consultation with an attorney.  No attorney/client relationship is created by the information contained herein.