Patricia Casaburi
Looking to secure a US Green Card through investment? The EB-5 Visa program offers a direct path to permanent residency for foreign investors. Hiring an EB5 Visa lawyer ensures that you and your family comply with the program’s requirements, maximizes your chances of success, and helps avoid pitfalls.
With a $1,050,000 minimum investment requirement or $800,000 in Targeted Employment Areas (TEAs) in the biggest economy in the world, what’s not to like? Still, it is a competitive application process with strict regulations and eligibility criteria.
Under the EB-5 Reform and Integrity Act, this Investor Visa first grants conditional residency, and after two years, you can turn the Conditional Green Card into permanent residency. It’s basically a “pay-to-play” Green Card, since foreign nationals are able to settle in the United States by investing money in the country. They can also bring their family to live, work, and study there.
This guide will walk you through the EB-5 Visa and show you exactly what to look for in an investment immigration attorney to make your American dream a reality.
Keep reading to learn about:
What is the EB-5 Visa?
The EB-5 is an investor-based Green Card, meaning you invest a certain amount of money and prove you’ve been able to facilitate hiring ten US workers, so you can apply for a Green Card, which can take up to five years for the entire process.
The EB-5 Investor Visa, also known as the Immigrant Entrepreneurs Program, requires you to dedicate $1,050,000 in metropolitan regions or $800,000 in capital funds in a Targeted Employment Area (TEA) in a new commercial enterprise.
If you make a direct investment in a new business, you must involve yourself in the day-to-day management. If that money goes into a troubled business, you must preserve existing jobs and operate the commercial enterprise. But if your capital investment goes through a Regional Center, you can take a more passive role as an investor and give people full-time employment, without actually having to be there.
Why do you need a licensed EB5 Visa lawyer?
While the EB-5 Visa offers a clear path to a US Green Card or permanent residency, it takes years to become a permanent resident due to strict visa eligibility criteria and a complex application process. Here is why legal representation can help with the entire investment.
Regulatory compliance
EB-5 Visa Lawyers specialize in immigration law and keep detailed records of investment and project compliance. They verify the minimum investment requirement for your investment project, whether it is a new commercial enterprise or a troubled business in a targeted employment area or rural area.
Various EB-5 investment projects are available to immigrant investors. The law firm prepares business records and traces investment funds to meet strict job creation requirements and ensure the application aligns perfectly with US Citizenship and Immigration Services (USCIS) regulations.
Smooth processing
Collecting the documents for the EB-5 Visa is a time-consuming process. EB5 Visa lawyers streamline the paperwork for permanent residency and provide creative solutions for foreign investors. They prepare financial statements, business plans, and criminal records, or offer other investment options, and make sure the application is successfully filed.
Risk management
EB5 Visa lawyers and immigration attorneys provide legal representation to strengthen your case and minimize the risk of denial. Foreign investors can easily navigate immigration law with an EB-5 immigration attorney and obtain permanent residency or employment authorization for their investment project, regardless of whether that investment is in a new enterprise or an existing business.
Want to invest in a Green Card? Check out our EB-5 Visa Ultimate Guide
How can an EB5 Visa Lawyer help?
Investing in the EB-5 Visa program can be a long and daunting process. EB5 Visa lawyers or immigration attorneys provide various immigration services tailored to your needs. Their role in the application process includes:
- Initial consultation: The EB-5 immigration lawyer discusses your business plans or infrastructure projects. They ensure you meet the minimum investment amounts and job creation requirements.
- Documentation preparation: The lawyer compiles all the legal and financial statements to ensure concurrent filing and immigration status.
- Investment assistance: EB-5 immigration attorneys may suggest you choose strategic investment projects to boost your chances of success, especially in high-unemployment areas or rural areas.
- Due diligence process: The lawyer ensures a clean criminal record and background checks. The law firm evaluates the source of investment funds and ensures the applicant meets the minimum investment criteria. These EB-5 Visa requirements must be met within two years of submitting the application as a conditional resident.
- Application processing: The law firm monitors the entire application process for the EB-5 Visa. They address or assist with any issues during processing, such as issues with employment authorization, job creation requirements, filing fees, immigrant petitions, and more.
- Permanent resident status: The EB-Visa provides a route to a permanent Green Card. The law firm can help immigrant investors prepare to become permanent residents. Green Card holders can sponsor immediate family members, like a spouse or unmarried children, to move to the United States, attend school, or work.
- Follow-ups: EB5 Visa attorneys can address any additional requirements or queries with the US Citizenship and Immigration Services (USCIS).
EB5 Attorney Fees
You can expect to spend between $15,000 and $50,000 or more on attorney fees for the EB-5 Visa. Some offer flat fees, while others charge by the hour. The fees for the EB-5 Investment process can be divided into three phases, each with its own costs for petition filing.
Phase I (Form I-526) immigrant petition
- EB-5 basic investment requirements: $1,050,000 or $800,000 in capital funds in a Targeted Employment Area (TEA)
- Administrative fee: $80,000 to $90,000 paid to an approved Regional Center
- USCIS Processing Fee: $11,160
- Bank wire fee: $35 to $50
- Attorney fee: $15,000 to $25,000
Phase II (Form I-485) Adjustment of Status
- USCIS filing fee for Form I-485: $1,440
- Form DS-260 (consular processing): $325 per applicant
- Bank wire fee: $35 to $50
- Attorney fee: $3,000 to $5,000 per applicant
Phase III (Form I-829) petition to remove conditions on the Green Card
- USCIS fee: $9,525
- Bank wire fee: $35 to $50
- Attorney fee: $3,000 to $10,000
Note: Attorney fees can vary based on your case, location, and the services you need. The costs listed here are just general estimates.
Why work with Global Citizen Solutions?
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
Frequently Asked Questions About Hiring an EB5 Visa Lawyer
How much does a lawyer cost for EB-5?
EB5 attorney fees can vary between $15,000 and $50,000 or more. Many lawyers provide a flat fee, while others charge per hour. The exact cost depends on the complexity of the case, the lawyer’s experience, and the services provided. Some lawyers may charge for all phases of the EB-5 Visa application process (I-526, I-485, I-829), while others charge separately for each step.
What does an EB-5 Visa lawyer do?
EB-5 lawyers specialize in immigration law. They can help evaluate your investment options, select a regional center, prepare and file your I-526 immigrant petition, and represent you during the conditional residency stage. EB-5 Visa specialist online can support you through the I-829 petition to remove the conditional Green Card so that you can receive permanent resident cards.
Do I need a lawyer to apply for the EB-5 Visa?
You don’t need to hire an EB5 consultant or a lawyer, but it is highly recommended to do so. The EB-5 Visa can take many years due to the complex process. To qualify, immigrant investors must provide a minimum investment of $1,050,000 (or $800,000 in a Targeted Employment Area) in an existing or new commercial enterprise and offer targeted employment for ten qualified American workers.
How do I choose the best EB-5 Visa attorney?
To find the best EB5 immigration lawyer, research legal firms and immigration attorneys specializing in EB-5 cases, like the EB-5 Visa for Indians. Evaluate the experience, track record, client testimonials, and communication style of each law firm and its lawyers to make an informed choice.
Can I hire an EB-5 Visa specialist online?
Yes. The best way to choose an EB-5 Visa lawyer or immigration attorney is to look for experience, communication, availability, and legal expertise in immigration law. Whether you invest in an existing or a new commercial enterprise, the law firm should provide legal guidance tailored to your specific business plans.
What are the benefits of hiring an EB-5 Visa specialist online?
Whether you secure a capital investment for a new or a troubled business, you can benefit from working with an investor visa attorney online. They can advise you on tax returns, provide market insight, laws, regulations, and ensure you meet the visa eligibility requirements to become lawful permanent residents.
How long does it take to get an EB-5 Visa with a lawyer's help?
The EB-5 Lawyer doesn’t make the processing time go faster. The USCIS (US Citizenship and Immigration Services) will still follow the same procedures, regardless of whether the applicant has a lawyer. Legal experts are here to defend your case, compile all the documents, and increase your chances of success.
Can an EB-5 Visa attorney help reduce processing delays?
Yes, legal experts make sure you don’t submit incomplete applications or file them incorrectly. They can prepare tax returns, advise on travel authorization, and provide legal guidance during the entire immigration process. If you can’t meet the standards for an EB-5 Visa, they can suggest other employment-based visas for a nonimmigrant status.
Do EB-5 lawyers help with source of funds documentation?
Yes. An EB5 immigration lawyer collects the documents that trace the source of your investment funds. They ensure your initial investment was lawfully sourced and adheres to the minimum investment amounts for a regional center project or direct investment. This helps foreign investors make an informed decision on their initial investment and prevent application delays.
Can a lawyer assist with selecting an EB-5 regional center?
Yes, many EB-5 immigration attorneys specialize in regional center projects. Legal experts help foreign investors find approved regional centers and navigate the complexities of the EB-5 Visa. An immigration consultant/agent can also help with parts of the application process when submitting documents.
What are the EB-5 Visa benefits?
The EB-5 Visa offers many benefits, such as:
- Route to permanent residency (Green Card)
- Family sponsorship
- No employment restrictions
- International travel
- Path to United States citizenship
If you do not wish to apply for United States citizenship, you can replace your Green Card every ten years without going through a review process.
