• What is EB-5?
    EB-5 is a uniquely successful program offered by the United States Government that provides for the individual investor, the ability to obtain Permanent Residency (Green Card) for themselves, their spouse and minor children with one qualifying investment. There are two programs to consider... Learn More +
  • EB-5
    Regional Center
    The EB-5 Regional Center Program is a uniquely successful program offered by the United States Government that allows the individual investor to obtain Permanent Residency (Green Card) for themselves, their spouse and minor children with one investment into a USCIS-approved Regional Center... Learn More +
  • EB-5
    Direct Investment
    EB-5 is a successful program offered by the United States Government that allows the individual investor to obtain US Permanent Residency (Green Card) for themselves, their spouse and minor children with one qualifying investment. There are two investment levels for the investor to consider... Learn More +

Meet Our Team

We have one goal, and that is to provide our clients with the best in legal representation. We believe a big part of this goal is creating an informed client who can make wise decisions based on a more complete understanding of their legal options. With that goal in mind, we have written a number of books that will provide investors with the information they need to make informed decisions. For a free copy of The EB-5 Investor’s Guide or to arrange for a free consultation, please contact us at 415-221-2345.

Vaughan de Kirby | President

In 1983 Vaughan founded The Law Offices of Vaughan de Kirby, A.P.C. with the commitment to empower his clients with the legal knowledge and tools necessary make the best immigration decisions for themselves and their families.

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Is EB-5 right for me?

Start Where do I turn?

If a United States Green Card is your goal for yourself and your family, you probably have many questions.

The following slides will help explain the steps and requirements Involved in the EB-5 investment immigration process.

Step 1 Learn about EB-5 and make a decision to hire an Investment Immigration Attorney

Free Consultation either in person or by phone with attorney Vaughan de Kirby to discuss your immigration goals.

To prepare for this consultation with Mr. de Kirby, be ready to explain the ideal immigration result for you and your family. This will help Mr. de Kirby determine if EB-5 would be your best choice.

If EB-5 is the right choice for you and your family, retain the Law Offices of Vaughan de Kirby and begin working with his expert team to identify the documentation needed to complete your EB-5 application.

Step 2 Make your selection of the Regional Center for your investment

This is an important decision as it impacts both your investment and your family’s immigration success. Because this decision is so important, you will want to have a professional perform a due diligence evaluation of any potential investment. Mr. de Kirby has had extensive experience in this area and can discuss the alternative due diligence options:

Use a due diligence company:
There are several companies offering different levels of due diligence.
Use an Investment Advisor:
There are Investment Advisors that do offer some level of due diligence on project selection.
Use a Registered Broker Dealer and Member of FINRA:
Your Broker Dealer can provide you with several alternative investments that you can consider for your EB-5 investment.
Step 3 Make your investment and file your I-526 application

You will have worked closely with Mr. de Kirby and his team to compile all the necessary documentation to support your EB-5 application.

This will include all the required documentation to show the lawful source of your investment funds, as well as all the supporting documentation from the USCIS-approved Regional Center you selected for your qualifying investment.
You will have wired to the Regional Center your investment funds, as well as the Regional Center administration fee.
With the investment in place, your expertly completed EB-5 (I-526) application, along with all supporting documentation, will be filed with the United States Customs and Immigration Service (USCIS).
Step 4 My EB-5 application is approved by USCIS

If you are currently living in the United States, Mr. de Kirby will file I-485 application to register you as a Permanent Resident. If you file your I-485 in the United States, you will generally receive your Permanent Resident Green Card in the mail. However, it is possible that you may be required to visit your local USCIS office for an interview.

If you are located in your home country, Mr. de Kirby will file a DS-230 or DS-260 application for an Immigrant Visa. You will then have an interview with a Consular Officer and be granted an Immigrant Visa. Your Immigrant Visa will be valid for six months. When you arrive in the United States, you will begin your your status as a Permanent Resident Green Card Holder.

Wherever you are located, you will then receive what is termed a "Conditional Green Card".

Step 5 Remove conditions and receive a Permanent Green Card

After you have held your Green Card for 21 months, Mr. de Kirby and his team will begin the I-829 process to remove the conditions on your Green Card.

To remove the conditions, you must show that your funds have remained invested and that the investment has created the requisite ten jobs.

A successful I-829 application gives you what is called a Permanent Green Card, which can be freely renewed every 10 years.

Step 6 Become a Naturalized United States Citizen

If your immigration goal is to become a United States Citizen, after 5 years as a Green Card holder you will qualify to file a Naturalization application.

The time is calculated from when you first received your Green Card, including the period when you held your Conditional Green Card.

United States Citizenship may not be your goal, and there is no requirement that you apply for naturalization. You can hold your Green Card indefinitely, requiring only that you renew it every ten years.

EB-5 Regional Center Program Ends 9/30/16

Congress has extended the current Regional Center program to September 30, 2016, at which time it will sunset unless extended. We anticipate future legislation that will call for an increased investment amount and more stringent requirements. For this reason, we recommend to our clients that they take action under the current law if at all possible.

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Top 5 Questions about US Investment Visas

QHow much will I need to invest?
Your investment must be in a new commercial enterprise. If the new commercial enterprise is located in a Target Employment Area, the investment amount can be $500,000, rather than the $1,000,000 that is required in other location. Most of our clients select an USCIS-approved Regional Center and make an investment of $500,000.
QHow long will it take?
USCIS is estimating 14-16 months to adjudicate your EB-5 application. However, this is an average that changes frequently depending on USCIS' caseload. Your choice of a Regional Center or private investment can impact this time frame.
QDo I need an investment immigration lawyer?
Yes, because EB-5 requirements can be very complex. This is certainly not something you should try to pursue on your own, as your immigration future is at stake and it involves a significant investment. An experienced Investment Immigration Lawyer will help you achieve your goals for yourself and your family.
QHow do I find a safe project??
You are going to want to have a professional perform a due diligence evaluation of any potential investment. There are independent due diligence companies that may offer due diligence assistance. Some Registered Investment Advisors offer EB-5 due diligence services. Another available alternative to consider is working with a Registered Broker Dealer and Member of FINRA.
QDo I need to live where I make my investment?
If you are investing in a USCIS-approved Regional Center, you can live anywhere in the United States. If you are investing in a private new commercial enterprise, you must live and work where the enterprise is located.

Who Qualifies for EB5 Visas?

Any foreign national can qualify for EB-5 through an investment in a qualifying new commercial enterprise that creates ten jobs for United States Citizens or Permanent Residents. If the new commercial enterprise is located in a Target Employment Area (TEA), the investment amount can be $500,000, rather than the $1,000,000 that is required in any location outside a TEA.

Most of our clients select a USCIS-approved Regional Center as their qualifying investment. However, as an alternative, the investment may be made in a new commercial enterprise established and operated by the investor. In your free consultation Mr. de Kirby, he can thoroughly review these alternatives with you.

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The EB-5 Regional Center Program is a uniquely successful program offered by the United States Government that allows the individual investor to obtain Permanent Residency (Green Card) for themselves, their spouse and minor children with one investment into a USCIS-approved Regional Center.

To learn more about the EB-5 program click on the region you are immigrating from:

Our US Investment Immigration Lawyers Help EB-5 Investors Obtain United States Permanent Residency Green Cards

US Immigration Application for EB-5 Investment VisaThe Law Offices of Vaughan DeKirby's website is for people who have an interest in the immigration opportunities that EB-5 offers to them and their families. An EB-5 visa offers you the opportunity to obtain your Green Card for yourself and your family by making an investment of $500,000 in a USCIS approved business enterprise.  

You are here because you have worked very hard and intelligently to place you and your family in the financial position to make an EB-5 investment. Your work ethic and intelligence require that if you make this investment you want to know that it offers the immigration benefits you bargained for and the financial security that your sophistication requires. 

We have designed this site and its EB-5 content to provide you with the information you need to make an empowered decision. Our goal is to provide you with the information you need to make the best decisions for yourself and your family. 

At the Law Offices of Vaughan de Kirby, our investment immigration law firm takes pride in answering all of your questions by providing reliable and detailed immigration information. To speak directly with our Investment Immigration lawyers, please call our office at 415-221-2345 or fill out a contact form. Also feel free to browse our other practice areas and request your free immigration law e-book, prepared by our firms investment immigration attorneys.

The information contained in this website is not an offer to purchase or sell securities nor should it be relied upon in connection with the purchase or sale of securities. 

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<span>Complete Guide To The EB-5 Green Card:</span> Critical Knowledge For Investors Who Want To Make The Best Decisions For Themselves And Their Families

Complete Guide To The EB-5 Green Card: Critical Knowledge For Investors Who Want To Make The Best Decisions For Themselves And Their Families

If you are seeking permanent residence status in the U.S., request a free copy of Complete Guide To The EB-5 Green Card to learn about the EB-5 visa program.

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<span>EB-5 Due Diligence Workbook:</span> Ten Critical Steps to An Informed Decision

EB-5 Due Diligence Workbook: Ten Critical Steps to An Informed Decision

Vaughan de Kirby's book, EB-5 Due Diligence Workbook: Ten Critical Steps to An Informed Decision was written for EB-5 investors who are selecting a regional center.

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EB-5 Regional Center Program Ends 9/30/16:

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