USCIS is a government agency responsible for the administration of immigration and naturalization functions and establishing immigration services and policies.
The EB5 program, administered by the USCIS, allots 10,000 visas per year for aliens (and their families) whose investment creates or preserves at least ten full-time jobs for U.S. workers. Three thousand of these visas are set-aside for aliens who invest through Regional Centers such as the Milwaukee Regional Center.
No, you do not need any prior business experience. And you are not required to demonstrate any minimum level of education. The only requirement is that you have the investment capital, and proof that the funds are legal.
Not at all. There are no requirements for language with the program. Please contact our office for assistance with translation.
The EB5 program gives you Permanent Resident status. The E-1/E-2 Treaty Investor or Treaty Trader programs offer non-immigrant status only. When your investment ends, so does your non-immigrant status. The L-1 program is a non-immigrant classification, but allows you to apply for classification as a Multi-national Executive or Manager (which is becoming more difficult due to a tighter review process) and eventually, Permanent Resident status.
FirstPathway Partners assists you throughout the petition process, providing expert advice from application to citizenship. We use our experience working with the United States and foreign governments to guide your petition through the various approval steps.
Simply contact one of our representatives.
We will answer all of your questions and provide everything you need to begin.
Rejection in the past does not disqualify you unless the reasons are related to immigration fraud or some other significant issue. It is most important that all criminal, medical, or U.S. immigration history problems be disclosed to the FPP and legal counsel in advance of your petition. This will help us guide you through the best approach to improve your chances for acceptance in the EB5 program.
We recommend you seek legal counsel. The documentation needed for the petition is extensive and your attorney can assist in documentation, advise you on your consulate interview, and aid in your visa processing. Please contact a FirstPathway Partners representative to learn more about complimentary legal services available with your EB5 package.
FirstPathway Partners walks you through the entire process making sure all the documents required by USCIS are included. You will find an initial list of required documents in your application package. All your documents must be submitted to USCIS in English.
- USCIS forms
- Business plans
- Financial information, including your source of capital documentation
- Personal documents
Under USCIS regulations, you must prove your assets were "lawfully gained." Documentation must demonstrate that your assets were obtained through a business, salary, investments, property sales, inheritance, gift, loan, or other lawful means. You may be asked to submit financial statements from your licensed accountant or lawyer, court records, salary statements, tax statements, or real estate documents.
Please contact an FPP representative for current processing times.
The purpose of the consulate application is to ensure that you and your family undergo medical, police, security, and immigration history checks before the conditional permanent resident visas are issued. At the interview, the consulate officer may address these issues and information printed on the I-526 petition, including asking you to summarize the nature of your immigrant investment.
Family members can interview in different countries. The country of origin or where the family has current ties is the standard interview site. But often one member of the family is located in another country, such as a student attending school in the U.S. The student does not have to return to the country of origin, if under a valid status. FirstPathway Partners attorney can help your family member adjust status while in the United States at a district office of the USCIS.
The conditional green card has an expiration date of two years from the date issued. You can submit your I-829 petition as early as three months prior to the expiration date. FirstPathway Partners provides you with all supporting evidence regarding the limited partnership and its capital investments. FirstPathway Partners documents all jobs created.
Upon receipt of a properly filed Form I–829, your conditional permanent resident status is extended automatically, if necessary, until such time as the director has adjudicated the petition. Be sure to carry your USCIS I-829 receipt notice and your conditional green card at all times.
Temporary & Permanent Green Cards
Under the regulations, if you are approved for the EB-5 immigrant visa, you receive a “conditional” green card valid for two years only. A “permanent” green card can be renewed every 10 years. Otherwise, both cards offer the same rights and privileges.
You as the investor, your spouse, and any unmarried children under the age of 21 at the time of the I-526 petition receive a green card. Adopted children may also be included in the family.
After you receive the visa at the United States overseas consulate office, you must enter the U.S. within 180 days.
Once in the United States, you need to establish residency. Here’s how to prove residence:
- Open a bank account
- Get a driver's license
- Obtain a social security number
- Pay state and federal income taxes
- Rent or buy a home
You may work overseas if the nature of your business or profession requires it. But if you live outside the United States, we suggest you and your family re-enter the U.S. every six months. The longer you and your family are in the United States, the less likely the government is to claim that you have abandoned the United States as your permanent residence. This could endanger your green card status.
In special cases, you may qualify for a reentry permit. This allows you to remain outside the U.S. for as long as two years without having to reenter the country to maintain your permanent resident status.
There are three ways to become a United States citizen:
- Being born in the United States
- Being born to a United States citizen
- Naturalization process
To become a naturalized citizen, you must first become a Lawful Permanent Resident (LPR). After five years as a LPR, you can qualify citizenship. But you must also be physically present in the United States for 30 months during the five years prior to your application. Once becoming a citizen, you are entitled to vote and to hold most public offices.
A limited partnership is a business organization with one or more general partners who manage the business and assume legal debts and obligations, and one or more limited partners who are liable only to the extent of their investments. Limited partners also enjoy rights to the partnership's cash flow, but are not liable for company obligations. FirstPathway Partners is a limited partnership.
The USCIS requires that some financial risk be involved. So FirstPathway Partners cannot guarantee your rate of return. But we do minimize your risk by making sure that the investment is well collateralized, and the partnership is in strong financial standing. Our team of experts has had an average of 23 years of successful real estate investment experience and only supports investment opportunities after an extensive financial review. A limited partner can contact the General Partner to request any partnership information at any time.
There is risk in any investment, and specific risks for each limited partnership. These risks are clearly stated in the prospectus. General risks include economic conditions, failure to meet job requirements, and denied immigration status under the USCIS EB5 immigrant visa program.
USCIS regulations specifically allow you to pool funds with other investors in an effort to establish a limited partnership sufficient to qualify all the investors. There are only two stipulations. For each investor:
- Meet the minimum at-risk capital requirement of $500,000 per investor
- Create or preserve at least 10 U.S. jobs per investor
In our offering materials, we provide a copy of our escrow agreement and wire transfer instructions to the escrow bank account. You receive a copy of the remittance confirmation as part of your I-526 petition.
Yes. Your full investment is returned to the account of your choice.
The USCIS requires you take an “active” part in your investment. This means you can either
- Manage a new commercial enterprise, including day-to-day managerial control or policy formation, within the Milwaukee zone.
- Or you can invest as a "limited partner."
FirstPathway has developed a USCIS approved method that creates more than enough jobs in each successful project.
The FirstPathway Partners investment is structured similar to a loan. Your $500,000 investment is pooled with others to create jobs within the Regional Center. The money is used in the investment and returned to you upon your five-year investment anniversary. Please see the prospectus for details. In addition, you may also receive whatever gains your investment has earned over the course of the five years. It is important to note that you may also choose to reinvest the money beyond the five-year period, but this is your option.
When you become a member, you will be assigned a password. You can then log in to the FirstPathway Partners Website and check the status of your investment at any time, day or night, 365 days a year. You can even see the job creation taking place.
There are no hidden costs or unpleasant surprises. We have been reviewed by Department of Homeland Security authorities and have been sanctioned by legal experts and economic professionals.
Julie Lee, a native of China and an expert on EB5 law, wrote the Private Placement Memorandum. She is an associate with Foley & Lardner, one of the largest and most prestigious law firms in the United States, with offices in most major cities, including Shanghai, China.