EB-5 Investor Visa Attorneys

The EB-5 Immigrant Investor Visa offers a pathway to obtaining a green card for those who wish to start or purchase a business in the United States. To qualify for the visa, applicants must invest either $1,050,000 or $800,000 in a rural or high unemployment area, known as a “targeted employment area.” In return, the U.S. government provides the investor with a green card.

To qualify for the visa, there are five main criteria that must be met:

• The applicant must invest or be actively in the process of investing the required amount.
• The funds must come from a legitimate source.
• The entire investment must be at risk.
• The investment must be made in a new or existing business enterprise.
• The investment must create or preserve ten full-time jobs.
• The process of obtaining the EB-5 visa is complex and requires the assistance of a qualified immigration lawyer. Applicants must submit immigration forms, personal financial information, business plans, a legal brief summarizing how they have met all of the elements of the statute, and other supporting evidence to the United States Citizenship and Immigration Services (USCIS).

Investors can choose to invest directly in a business or invest in a Regional Center Project. If investing as an individual investor, applicants must locate an investment project or business on their own. Investors can start or buy an existing business (with restrictions), such as a manufacturing company or restaurant franchise, and run it themselves. Alternatively, they can invest through a Regional Center, which is a government-recognized entity that promotes growth in certain geographic areas. The range of risk profiles associated with the regional centers varies, and investors can receive a small return on their investment.

The application process for the EB-5 visa requires several steps:

1. Finding the appropriate investment project
2. Making a capital investment and filing an I-526 or I-526E petition
3. Responding to any requests for information from the government
4. Applying for a conditional green card
5. Applying for an I-829, Removal of Conditions on the Green Card
6. After obtaining the conditional green card, applicants must meet certain requirements, such as hiring ten full-time U.S. workers, to apply for an unconditional permanent resident green card. Family members, including a spouse and unmarried children under the age of 21, may also apply for green cards.

Overall, the EB-5 Immigrant Investor Visa provides a viable option for those seeking a green card by investing in the U.S. economy. However, the application process is complex and requires the assistance of a qualified immigration lawyer.

If you have any questions about the EB-5 Visa for yourself and your family members, or need more information, call our office to schedule a phone consultation with a Senior Attorney at Jeelani Law Firm.

Practice Areas

Family Immigration

Employment Immigration