Entrepreneurial, forward-thinking individuals with a desire to invest in their future often pursue an EB-5 visa. These individuals understand the benefits of permanent residency in the United States and the potential for investment opportunities that come with it. With the help of an experienced EB-5 visa attorney, you can navigate the intricate application process and increase your chances of success.
Our attorneys with Bashyam Global have extensive experience in the EB-5 process and provide comprehensive guidance for those who wish to pursue their dreams of becoming a permanent resident. Contact our team today for a consultation. We are here to help you understand your options with a work visa and determine the best path forward.
The EB-5 visa is a United States immigrant investor program allowing a foreign investor to obtain a green card through an investment of capital into the US economy and creating at least ten jobs for qualified workers.
The EB-5 process can take many years and involves complex legal requirements, including proving that the investment funds have been deployed, the business is active and operational, and full-time workers are employed, all within a specific timeframe.
By working with an experienced EB-5 attorney, you can increase your chances of a successful application and minimize the risk of delays or complications.
An attorney with experience in EB-5 matters can guide you through the application process, ensure that all USCIS requirements are met, and help you avoid costly mistakes that could result in a denial of your application.
Some EB-5 investors may also be eligible to concurrently file permanent residency applications, which require extensive supporting documentation. Thus, a thorough review of the EB5 investor’s financial and immigration status, their immediate family’s needs, and other criteria is best conducted by an experienced immigration legal team.
Additionally, an attorney can assist you in evaluating potential EB-5 investments and choosing a reputable regional center.
You deserve to have the support of an experienced attorney throughout the entire process. Your EB-5 attorney will be by your side from the initial evaluation and selection of a regional center to filing for permanent residency after successful investment.
Our office has extensive experience handling EB-5 direct investment applications. We carefully scrutinize each potential EB-5 applicant and their source of investment funds to ensure all legal requirements are met.
In addition, our attorneys and staff provide EB-5 investors with long-term strategy and common sense advice to maximize their chances for a successful case.
To be eligible for an EB-5 Visa, you must:
The minimum investment amounts required are $800,000 if the business is located in a rural area, has high unemployment, or is an infrastructure project. An area that needs more development can be deemed a Targeted Employment Area with a lower investment requirement to incentivize foreign investors to invest there.
Otherwise, the investment amount is $1,050,000.
In order to be eligible for an EB-5 visa, investors must create at least ten full-time jobs for U.S. workers within two years of their investment. These jobs must be permanent and not seasonal or temporary in nature. The investor may either create the jobs directly or through a regional center.
You can invest in an existing business as long as the required capital is invested and a certain number of jobs are created.
However, if you choose to create your own business, you will be able to more closely manage the progress of the investment and ensure that all requirements for permanent residency are met.
The EB5 visa may also be a good permanent residency option for E-2 investors whose businesses can expand in terms of investment funds and job creation requirements of the E-B5 program.
The EB-5 visa application process requires the investor to submit forms and documents to US Citizenship and Immigration Services (USCIS). The forms must be completed accurately and truthfully to approve the investor’s petition.
Investors must first complete Form I-526, the Immigrant Petition by Alien Entrepreneur, and submit it to USCIS. The form must include evidence of the required investment funds, a detailed business plan, and other documentation.
The investor may apply for conditional permanent residency by filing Form I-485 Adjustment of Status along with the I-526, assuming the investor’s priority date is ‘current.’ The investor can determine eligibility for filing Form I-485 by checking the Department of State Visa Bulletin each month for their country of birth.
The investor must then submit Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, within 90 days of their two-year conditional permanent residency anniversary. The form must include evidence that the required investment funds are still invested in a qualifying commercial enterprise and that the requisite jobs were created. Once the USCS approves the I-829 application, the investor’s immigration status will change from conditional permanent resident to permanent resident (“green card holder.”)
U.S. citizenship after five (5) years. Note that time spent as a conditional resident will count towards this five (5) year requirement. The EB-5 visa program allows foreign nationals to invest in the United States and become US citizens while creating jobs for American workers.
A regional center is an entity that has been designated by USCIS for the purpose of administering and facilitating EB-5 visa investments. Regional centers have the authority to pool investor funds, provide admin support services, and manage the day-to-day operations of EB-5 projects.
These centers are responsible for providing a comprehensive business plan that outlines the investment, creation of jobs, and other related activities.
There are two different ways EB-5 investors can invest their money, either through direct investment or through a Regional Center. The difference between the two is that, in a regional center program, you invest in a business through a government-approved organization. In contrast, you invest directly into a business enterprise in a direct investment program.
Investing in a Regional Center has a few benefits to the investor versus a direct investment in a business. The investment amount for a Regional Center is $800,000, whereas it’s $1,050,000 for direct investments that are not located in rural, high unemployment areas or are infrastructure projects which have a minimum investment of $800,000. Additionally, Regional Centers will likely take care of helping the investor with the EB-5 application paperwork. An investor in a direct investment business will have more responsibility over the EB-5 application process but will also have more control over their investment in the business.
Once approved, investors can stay in the United States indefinitely as a U.S. permanent resident or green card holder.
Yes, investors can bring their families with them to the United States. Family members who are included in the EB-5 petition may be eligible for permanent residency status as well. This includes spouses and unmarried children under the age of 21.
Yes, as of 2023, there is a waitlist for EB-5 visas for people of certain nationalities. This is because the annual limit on EB-5 visas has been reached yearly by some people. Currently, investors from India and China must wait several years before they can receive their visas due to high demand and strict quotas.
There are significant risks associated with the EB-5 program and EB-5 investment.
The EB-5 visa program is beneficial in allowing foreign nationals to invest in the United States and become US citizens while creating jobs for American workers. If you are interested in obtaining U.S. permanent residency by investing money through the EB-5 investor program, you should consult with an experienced EB-5 immigration attorney who can help you.
Bashyam Global Immigration Law Group has experienced EB-5 attorneys and staff who can assist you in analyzing your case and providing competent and straightforward advice. Contact the Bashyam Global Immigration Law Group online or call us at 919-833-0840 to schedule a consultation.