U.S. Immigration Law Basics

EB-4 & EB-5 Basics. Presented by:

Rabindra K. Singh, Esq.Nachman, Phulwani, Zimovcak [NPZ] Law Group, P. C.

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EB-4: Special ImmigrantsReligious Workers Basics

• Cap of 5,000 workers (non-minister religious worker)/No cap for ministers.

• I-360 Petition (self-petition or through an employer)

• Member of religious denomination having a bona fide, nonprofit, religious organization in the U.S for at least 2 years immediately preceding petition filing.

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EB-4: Special ImmigrantsReligious Workers Basics

• Working abroad or in lawful status in the U.S. (minister/religious vocation/occupation)

• Seeks to enter the U.S.:• To work full-time in compensated position.• To work as a minister/professional or

nonprofessional capacity• To work for bona fide, nonprofit, religious

organization or its affiliate in the U.S.

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EB-4: Special ImmigrantsReligious Workers Basics

• Religious Organization?• Valid determination letter from IRS: IRC

§501(c)(3) religious organization or part of a group that received §501(c)(3) designation.

• Classified or classifiable as “Churches” pursuant to IRC § §509(a)(1) and 170(b)(1)(A)(i).

• Attestation from prospective employer.

• Compensation: Salaried or nonsalaried

but verifiable evidence.

• Immigrant’s investment of Capital

• In a New Commercial Enterprise (NCE)

• That creates jobs

EB-5 The Three Basic Elements

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Analyzing Basic Elements• Investment of Capital: Investor has

placed required capital at risk for the purpose of generating a return.

• What if there is some form of guaranteed return?

• Capital: Limited to cash?• Amount of Capital.• Legal Owner of Capital.• What is TEA?

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Analyzing Basic Elements

• New Commercial Enterprise (NCE): Established after November 29, 1990.

• Expansive definition of NCE: Restructured or Expanded.

• Examples: Restaurant to Night Club.• Direct EB-5 or Regional Center EB-5 ( Equity

Model vs. Loan Model)• Must create at least 10 full-time jobs.• Regional Center EB-5 : Could be

direct/indirect/induced jobs.

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Two-Step EB-5 Process

• Step 1: I-526 – Immigrant Petition

• Step 1.1: Consular processing or Adjustment of Status.

• Step 2: I-829 – Removal of Conditions on LPR Status.