EB-5 Visa Lawyer

EB-5 Visa Attorney

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.

EB5 visa carrying Businessman moving to terminal gate for check in boarding with luggage at the airport to business trip.

What is an EB-5 Visa?

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.

Why Do You Need an Attorney For an EB-5 Visa?

An Attorney Increases Your Chance Of Success

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 Brings Experience and Attention to Detail

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.

An Attorney Has Beneficial Connections

Additionally, an attorney can assist you in evaluating potential EB-5 investments and choosing a reputable regional center.

An Attorney Will Guide You Through The Entire Process

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.

What Qualities Should You Look For When Choosing an Immigration Law Firm? 

  • Extensive knowledge of the USCIS EB-5 visa requirements.
  • Ability to evaluate potential investments and select a reputable regional center for your application.
  • Experience in working with foreign entrepreneurs on their EB-5 applications.
  • Access to a network of experienced professionals to help you throughout the process as needed.
  • Ability to provide advice on immigration and business matters related to your application.
  • Strong communication skills and ability to explain the process in clear, jargon-free language.
  • An understanding of the changing landscape of EB-5 visa regulations and updates from United States Citizenship and Immigration Services (USCIS).
  • Dedication to providing personalized, attentive service and timely responses to your questions.
  • A commitment to providing honest, reliable advice.
  • Financial expertise, including experience in structuring complex investments for EB-5 visas.

lawyer and client shaking hands, lawyer is helping the international client with an eb5 visa

How Can Our EB-5 Visa Lawyers Help You?

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.

Who Is Eligible for an EB-5 Visa?

To be eligible for an EB-5 Visa, you must:

  • Possess the necessary funds to make an EB-5 visa investment.
  • Prove that the source of these funds is legitimate.
  • Submit evidence of their financial ability to make the required investment. This evidence includes bank statements and other documents demonstrating access to sufficient funds for the EB-5 visa investment.
  • Invest in a business or in a Regional Center that will create ten full-time jobs for U.S. workers.

What Are the Investment Requirements for an EB5 Visa?

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.

What Are The Job Creation Requirements With an EB5 Visa?

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.

What are the Other Rules & Requirements for an EB-5 Visa?

  • The investment must be in an active commercial enterprise. Passive investments, such as those involving real estate exclusively to earn a return on investment, do not qualify for EB-5 status.
  • The investor must demonstrate their source of funds and show that their money was acquired lawfully.
  • The investor must show that the investment is at risk and will generate a profit.
  • The investor must have an actual stake in the business.
  • The immigrant investor must prove that they are involved in managing the company through day-to-day managerial control or policy formulation oversight.
  • The immigrant investor must demonstrate that the new commercial enterprise has been established to meet the requirements of the EB-5 visa program.
  • The investment vehicle or business must create ten full-time jobs for U.S. workers.
  • The investor must maintain their investment and comply with all applicable laws while they are a conditional permanent resident.
  • The investor must prove that their investment is still at-risk and that the business has created ten full-time jobs for U.S. workers to remove the conditions on residency and become a permanent resident.

Do You Need To Create a Business for an EB-5 Visa?

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.

US capitol building with american flags flying in the background, symbolizing the freedom america brings to eb5 visa holders

What is the EB-5 Visa Application Process?

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.

Form I-526

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.

Form I-485

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.

Form I-829

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.”)

Pursuing Citizenship

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.

What are Regional Centers?

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.

Do You Have to Use a Regional Center?

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.

The statue of Liberty and Manhattan, New York City, USA

What are the Benefits of an EB5 Visa?

  • It is a different way to obtain Permanent residency in the United States.
  • Pathway to US citizenship.
  • Flexible requirements for age, education, profession, and language proficiency.
  • EB-5 Visa does not require the applicant to maintain an existing home country business
  • The labor certification process is not necessary for EB-5 investors.
  • No minimum net worth is required.
  • A Visa petition does not have to be sponsored by a US employer or family member.
  • Faster processing times for visa applications and petitions for certain nationalities.
  • Low investment threshold ($800,000 in certain areas).
  • Immediate family members can be included in the petition.
  • Ability to transfer funds from abroad into the United States with minimal restrictions.
  • Job creation for more people.

How Long Can You Stay in the US With an EB-5 Visa?

Once approved, investors can stay in the United States indefinitely as a U.S. permanent resident or green card holder.

Can You Bring Your Family with an EB5?

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.

Is There a Waitlist for EB5 Visas?

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.

What Are The Risks Of EB5 Investment?

There are significant risks associated with the EB-5 program and EB-5 investment.  

  • You can lose your investment amount if the business enterprise fails.
  • Your permanent residency application can be denied if the business enterprise fails or fails to create ten full-time jobs for U.S. workers.
  • Some Regional Centers have been investigated for fraud in the past.

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Bashyam Global’s Mission: Providing Compassionate and Effective Immigration Assistance

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.

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