EB-5 Successful Cases:  Limited Liability Partnerships investing in U.S. REAL ESTATE 

A "garden variety" direct investment in U.S real estate would NOT qualify for obtaining an EB-5 investor green card because that type of investment is considered a PASSIVE investment, and one of the key requirements of the EB-5 category is that the investment must be an ACTIVE investment, i.e., one which involves directing or managing an active enterprise. However, there have been successful EB-5 cases which involve indirect investments in real estate which get around the active investment requirement through the use of a Limited Liability Partnership.

For example, there have been a number of successful EB-5 cases which are based on $525,000 investments in real estate, Limited Liability Partnerships in a Regional Center. These real estate partnerships are in the business of purchasing and developing U.S. real estate. The hiring of the requisite number of employees is satisfied because the Limited Liability Partnership must hire sufficient workers to develop the U.S. real estate. The investors receive a share of the monthly rental income after the property renovations are complete, and a share of capital gain upon sale of the property. The investors are not expected to be involved in day-to-day management; instead, each investor has a policy making role.

A Law Firm such as Antao & Chuang could represent an EB-5 investor in this type of immigration case by reviewing the particulars of the investment to determine whether there is a reasonable chance that the USCIS will approve the case, preparing the necessary documentation, filing the case, and representing the investor before the applicable government agencies. In addition, depending upon the state of the investment, an attorney (licensed in the particular state) could represent an investor in the business investment, itself.