Immigration Planning

Under the EB-5 Reform and Integrity Act of 2022, petitions filed on or after March 15, 2022 require $1,050,000, or $800,000 for projects in a targeted employment area (TEA, a rural or high-unemployment area) or infrastructure projects, and each investor must create at least 10 full-time jobs. Both amounts are scheduled to adjust for inflation for petitions filed on or after January 1, 2027, and every five years after that, so families planning to file soon should watch the timing. Documenting the lawful source of the investment is central to the preparation, and if the funds are a gift from parents, the gift documentation and reporting need to be planned as well.

EB-1A (extraordinary ability) and the NIW (national interest waiver, an EB-2 category) are based on the applicant’s own professional record and require neither an investment nor an employer sponsor; what matters is evidence such as publications, awards, press coverage or influence in the field. EB-1C is for executives and managers of multinational companies and requires the company to sponsor. EB-5 is based on investment and has no education or occupation requirement. Our partner attorneys assess which pathway fits, and we compare how much capital each one ties up and for how long.

Once the petition is approved, the date you become a tax resident is largely set by your status, which leaves little time to deal with overseas assets. For some assets, such as highly appreciated stock, foreign company shares or real estate, handling them before or after becoming a tax resident can produce very different results. We usually recommend reviewing the whole family’s asset list and the timing for each asset at the point of filing.

On the immigration side, spending too long outside the U.S. can be treated as abandoning permanent residence; if you plan to be away for more than a year, you generally apply for a reentry permit before leaving, which is usually valid for two years. On the tax side, unless a tax treaty tie-breaker applies, you are generally a U.S. tax resident wherever you live until the green card is formally given up. Giving it up after holding it in at least 8 of the last 15 tax years can also trigger the expatriation tax rules, so families living in two countries should decide whether to keep the status before arranging their assets.

No. Legal advice and filings are handled by independent immigration law firms we work with, and legal services are provided directly by those firms. MMG’s role is to organize your family background and funds before the attorney’s assessment, put tax, asset and insurance arrangements in order before filing, and continue planning once status is granted.