EB-5 Visas

investing in the United States.
for winning the Green Card

We are aware of the aspirations of investors and entrepreneurs who want to make a mark in the United States. Our team is here to assist you with insight and knowledge tailored to your specific objectives; they will guide you through the complex process of the EB-5 visa program.

Table of Contents

What is an EB-5 visa and for whom is it intended?

In order for foreign investors to invest in a new commercial enterprise that generates jobs for U.S. workers, the EB-5 visa—also referred to as the Employment-Based Fifth Preference visa—is a U.S. immigrant visa program.

What is the normal duration for the EB-5 visa?

The EB-5 process consists of several stages, each with specific requirements and timelines:

  • Initial Consultation: Meet with our experienced attorneys to discuss your investment and immigration goals.
  • Due Diligence: Thoroughly research potential investment projects to ensure they meet EB-5 criteria.
  • Form I-526: Submit the Immigrant Petition by Alien Entrepreneur (Form I-526) to USCIS; processing can take several months.
  • Conditional Green Card: Once I-526 is approved, apply for a conditional green card, granting temporary residency for you and your immediate family.
  • Investment and Job Creation: Complete the investment and job creation requirements within the designated timeframe.
  • Form I-829: After the job creation period, file the Petition by Entrepreneur to Remove Conditions (Form I-829) to obtain permanent residency.

What does the EB-5 visa cost?

Grasping the financial commitment involved in the EB-5 process is essential. The minimum investment required depends on the project’s location, distinguishing between Targeted Employment Areas (TEAs) and non-TEAs. Additionally, our team offers a clear and detailed breakdown of all legal and filing fees during the initial consultation, ensuring you have a comprehensive understanding of the associated costs.

What are the requirements for obtaining the EB-5 visa?

Investors must satisfy a number of specific requirements in order to be eligible for the EB-5 visa. They must make a suitable investment in a new commercial company and guarantee the establishment or maintenance of at least ten full-time jobs for American workers. Investors also have to prove the legal origin of their investment funds.

How do I apply for the EB-5 visa?

Navigating the EB-5 application process requires a collaborative effort between you and our experienced legal team:

  • Consultation: Begin by scheduling an initial consultation to discuss your investment goals and assess your eligibility for the EB-5 program.
  • Document Preparation: Collaborate closely with our team to gather and prepare all necessary documentation for the submission of Form I-526.
  • Submission: Submit Form I-526 to the USCIS, and subsequently file Form I-829 after obtaining your conditional green card.
  • Investment and Compliance: Ensure that you fulfill all investment obligations and maintain compliance with job creation requirements throughout the process.

Most Commonly Asked Questions

Can my family come with me on the EB-5 visa?

Immediate family members—spouses and unmarried children under the age of 21—can be included with the EB-5 visa. They are able to accompany you throughout your immigration journey in order to obtain derivative green cards.

Can I invest in any business for the EB-5 program?

No, investments must be made in a new commercial enterprise that generates employment opportunities. Our legal team will assist you in identifying projects that meet the EB-5 program’s qualifying criteria.

 
How long is it to get a green card from the EB-5 program?

Although the duration varies, the acquisition of permanent residency takes approximately several years from the filing of Form I-526. Due to individual case circumstances and processing times, delay may occur.

 

 
What happens if the investment project does not succeed?

We will assist you in the necessary actions in the event of unforeseen difficulties, while our legal team carries out thorough due diligence in order to reduce risks. Strategically and promptly addressing issues is essential.

 
Are there particular requirements or can I choose any location for my investment?

The location of your investment can impact the required minimum investment amount. Investments in Targeted Employment Areas (TEAs) generally have a lower threshold. Our team will help you navigate these considerations during project selection.

 
 
Is there a limit to the kind of business I can invest in?

A number of companies are eligible for the EB-5 program, despite some restrictions. It is crucial to make sure that the selected business complies with USCIS guidelines. Our legal team helps with the selection of projects that are eligible.

 

 
What documents are required to apply for the EB-5?

The documentation process involves various financial, legal, and personal documents. Our team will provide a detailed checklist tailored to your specific case during the initial consultation.

 
Is there an age restriction on children in the EB-5 application?

To be eligible for derivative benefits, children must be unmarried and under the age of 21 at the time of the initial filing of the EB-5 petition.

 

 
Is it possible for me to continue my current business while taking part in the EB-5 program?

During your EB-5 journey, it is possible to keep other business interests. To make sure that your investment and active involvement in the new commercial enterprise meet program requirements, however, it is essential.

 
Can I alter my investment plan following filing Form I-526?

It is possible to alter investment projects, but careful consideration and compliance with USCIS guidelines are required. Our legal team will help you navigate any challenges and guide you through the process.

 
How confident do you feel about the direction of the company?

In this chapter, we will discuss some general quantum mechanical concepts. Some of the remarks will be very precise, while others will be only partially precise. It will be difficult to tell you which is which as we go along; however, when you have finished the rest of the book, you will understand which parts are solid and which were only briefly explained.

 

Are you prepared to achieve residency through investment?

Understand the detailed investment itinerary to obtain the green card.

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