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.
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:
Why do you need a licensed EB5 Visa lawyer?
Every EB-5 application is unique, so foreign investors should work with an EB-5 Visa lawyer to strengthen their case, assess the project’s risk, and meet all the requirements (e.g., job creation and minimum investment).
While the EB-5 Visa offers a clear path to a U.S. 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 U.S. 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.
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: The lawyers can address any additional requirements or queries with the U.S. Citizenship and Immigration Services (USCIS).
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
What is the EB-5 Visa?
The EB-5 Program is an immigrant visa for foreign nationals. Also known as the Immigrant Entrepreneurs Program, the visa grants conditional residency under the EB-5 Reform and Integrity Act. After two years, the Conditional Green Card can turn into permanent residency.
How much does a lawyer cost for EB-5?
EB5 attorney fees can vary between $15,000 and $35,000 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.
Why should I hire an EB-5 Visa attorney?
EB-5 Immigration attorneys can assist you with the Adjustment of Status (Form I-485): the process of obtaining permanent residency in the United States. Legal experts can help you prepare tax returns and advise on travel authorization for any international trips during your immigration process. They can also explore other employment-based visas for a nonimmigrant status.
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 citizenship
After five years of permanent residency, you may be eligible for United States citizenship. Alternatively, if you do not wish to apply for citizenship, you can replace your Green Card every ten years without going through a review process.
How do I find the best EB-5 Visa lawyer?
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.
What should I look for in an EB-5 immigration attorney?
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.
Do I need a lawyer to apply for an EB-5 Visa?
You don’t need to hire an EB-5 Visa 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 invest $1,050,000 (or $800,000 in a Targeted Employment Area) in an existing or new commercial enterprise and provide targeted employment for ten qualified American workers.
What's the success rate of EB-5 Visa attorneys?
Direct investors can drastically increase their success rates by hiring a law firm to compile all the documents. Legal experts can file the immigrant petition and help applicants obtain a conditional permanent residence in exchange for creating ten full-time jobs. The minimum investment criteria are lower for immigrant investors investing in a commercial enterprise at any Targeted Employment Area.
How can an EB-5 Visa lawyer help with source of funds documentation?
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.
Are there EB-5 attorneys who specialize in regional center investments?
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.
