It’s safe to say that there is no place in the world, and certainly no state in America, quite like California—the “Golden State,” as it’s known. I’m speaking from experience—I was born in California and have lived here for most of my life. My work as an immigration attorney has led me to travel both across the United States and across the world, and my travels have given me a fresh perspective on just what makes California unique. In my mind, it’s this: in virtually all aspects—in it’s geography and climate; in it’s economy and population—what sets California apart is its incredible diversity. There is no such thing as an “average Californian.” There are people in California from all over the world, and from all walks of life.

California boasts some of the most prestigious colleges and universities in the world, including Stanford, UC Berkeley, UC San Diego, UCLA and others. There’s also far more to choose from: nearly 400 colleges, the most of any state.

In their diversity, California’s climate and geography parallel its population.  From the deserts in the South and the snowy mountain ranges in the East to the forests in the North, California includes an amazing array of climate types and geographical features. California is also one of only a small handful of places in the world that have a Mediterranean climate, similar to those countries on the coast of the Mediterranean Sea.

California has an enormously productive and diverse economy. Though estimates vary, California—if it were a nation of its own—would have one of the 10 largest economies in the world. The state is one of the nation’s leaders in agriculture, producing more fruits, vegetables and dairy than any other state.  California is also known for its wine, which rivals that of Spain, Italy and France in both volume and quality. Of course, it is also the home of Hollywood, the world’s epicenter of film and television. And the high tech “Silicon Valley,” located in Southern California, is the nation’s leading producer of computer hardware and software.

For all its richness, it’s no wonder that aspiring immigrants to the United States regard California as one of the most desirable places to live. The EB-5 visa program can make that dream possible.

STEP 8 - Compile Personal Information and Documentation

In addition to information about your investment, the U.S. government requires personal documentation for you and your family, to be certain that you are indeed who you say you are before they give you a Green Card. This documentation takes many forms, as you will find outlined in the guide to documentation later in this book. As your Investment Immigration Attorneys, we will work with you to identify those items of personal documentation that will be necessary in your particular case.

STEP 9: The Law Offices of Vaughan de Kirby Files an I-526 petition for Work Alien Entrepreneur with USCIS

 At this point, we are ready to prepare and file your I-526 petition with USCIS. In addition to the petition itself, there are two critical pieces of the application. First will be the extensive personal and investment funds documentation that you have compiled. The second critical piece will be provided by the regional center, fully documenting their regional center and their projects. The regional center plays a very important role in your application and are firmly committed to your success.

Step 1 – Schedule a consultation with Vaughan de Kirby. 

Finding a qualified immigration investment attorney is paramount. The EB-5 program is one of the most complex areas of immigration law, and one that requires real expertise. Let’s say that you decide to contact my law firm to schedule a consultation. In our consultation, we will meet and review in detail the legal requirements of the EB-5 visa and discuss the possibility of applying for an investor Green Card. We will review your personal immigration needs to make certain that the EB-5 visa is both a viable option and indeed the best vehicle to reach your personal immigration goals, for yourself and your family. My law firm understands how important this decision is, and we are committed to equipping you with the knowledge to make the most informed decision possible. Because my firm is committed to ensuring that all our clients are well informed, we charge no fee for this consultation. 

Currently, a federal agency called “USCIS“ is in charge of administering the EB-5 visa program. USCIS stands for “United States Citizenship and Immigration Services.“ It is one of the United States‘ current immigration agencies.

The former U.S. immigration agency, the INS (Immigration and Naturalization Services), no longer exists. After September 11th, the U.S. government underwent a significant restructuring in an effort to more efficiently combat terrorism and ensure preparedness for natural disasters.

This restructuring created an entirely new department of the federal government: the U.S. Department of Homeland Security. In March of 2003, the Department of Homeland Security absorbed the former INS and split its responsibilities between two new agencies: the U.S. Immigration and Customs Enforcement (USICE) and the U.S. Citizenship and Immigration Services (USCIS).

From a certain perspective, dividing the functions of immigration enforcement and administering programs like EB-5 between different agencies makes sense. They require two very different mentalities. The goal of the EB-5 program, after all, is about bringing qualified investors into the United States, rather than keeping illegal immigrants out.

When these functions were combined under the former INS, it had a fairly predictable result. The requirements of the EB-5 were made more difficult to satisfy and, as a consequence, it was harder for foreigners to get a visa and the program failed to strengthen the economy to the degree that U.S. lawmakers had hoped.

Fortunately, qualified foreign investors now have a fair, flexible path to permanent residency.