Are you a foreign investor who’s had trouble obtaining an EB-5 Visa? The EB-5 Visa provides a route to permanent resident status for qualified investors. An EB5 Visa lawyer is a professional who provides legal representation, offers a comprehensive report, avoids investment oversight, and boosts your success rate.
The right law firm creates detailed guidelines on immigration law, especially the EB-5 Visa program, which includes navigating investment options, documentation, eligibility, and more. This guide takes a closer look at the EB-5 Visa, why lawyers or immigration attorneys are important, and how to manage your application.
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What is the EB-5 Visa?
The EB-5 Program is an immigrant visa for qualified foreign nationals. Also known as the Immigrant Entrepreneurs Program, the visa grants conditional residency under the EB-5 Reform and Integrity Act. After a two-year period, the Conditional Green Card can turn into permanent residency.
The USA EB-5 Visa offers a unique path to United States citizenship through investment. Under the Reform and Integrity Act, foreign nationals can adjust status and obtain permanent residency (Green Card) and eventually become US citizens by making a substantial investment in a qualifying commercial enterprise in the United States.
The qualifying investment can be a new enterprise or an existing business in a city or a Targeted Employment Area (TEA). The investment must create at least ten full-time jobs for American workers. Immigrant investors can invest individually or through Regional Centers. Various EB-5 investment projects are available to immigrant investors. The required investment must promote economic growth in designated areas and meet the minimum investment amounts.
Petition Filing Date |
Minimum Investment Amount |
Targeted Employment Area Investment Amount |
High-Employment Area Investment Amount |
|
Before 15 March 2022 |
$1,000,000 |
$500,000 |
$1,000,000 |
|
On or After 15 March 2022 |
$1,050,000 |
$800,000 (infrastructure projects included) |
N/A |
EB-5 Visa Benefits
The EB-5 Visa offers many benefits. These can include:
- Route to permanent resident cards: EB-5 Visa provides conditional residency, which can turn into a permanent residence status after a two year period, making it highly beneficial for immigrant investors planning to settle in the U.S.
- Family sponsorship: With just one EB-5 Visa application, your family members (spouse and unmarried children under the age of 21 years) are eligible to receive Green Cards.
- Ease of travel: You can travel to and from the US without a visa, which makes international travel easier.
- Better mobility: No employment restrictions exist, meaning you and your family members can work in any field. Your jobs do not have to be in the same state as your EB-5 investment.
- Greater flexibility: If you invest in the approved Regional Center Program, you don’t need to be involved in the daily operation of the business. This allows you and your family members to pursue your own business interests.
- Path to citizenship: After five years, you may be eligible for US 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.
Five Reasons to Get an EB5 Visa Lawyer
Investing in the U.S. can be a long and daunting process. EB5 Visa lawyers or immigration attorneys provide various immigration services tailored to your needs. They keep up with the latest EB-5 Visa regulations, including the required initial investment, filing an immigration petition, and legal representation. Here are the top reasons to hire a lawyer for the EB-5 Visa.
- Expertise in immigration law and EB-5 program regulations. EB-5 lawyers specialize in immigration law and possess in-depth knowledge of the program’s intricate regulations. Lawyers and immigration attorneys stay updated on the latest changes in immigration law and USCIS policies. USCIS is a component of the Department of Homeland Security.
- Assistance in evaluating investment options and selecting a regional center. Selecting the right investment project or an approved regional center is crucial for your EB-5 application. An EB-5 lawyer can guide you through the due diligence process, assessing the viability and legitimacy of potential investments and your planned commercial enterprise. Their expertise ensures you make well-informed decisions aligned with USCIS requirements.
- Preparation and filing of the I-526 petition. The I-526 immigrant petition is the first step in the EB-5 process, and accuracy is paramount. A specialized lawyer will prepare and submit your immigrant petition, ensuring all supporting documents and evidence are thorough and compelling. This reduces the likelihood of delays or USCIS requests for additional information.
- Representation during the conditional permanent residency stage. Once the I-526 is approved, you’ll be granted a Conditional Green Card. A specialized lawyer will represent you throughout this phase, addressing any USCIS inquiries and ensuring a smooth transition for a standalone investor to the United States. By the third fiscal year, most EB-5 investors need to submit evidence to demonstrate the creation of the required ten full-time jobs.
- Guidance and support for the I-829 petition to remove conditions. After the conditional period, you must file the I-829 petition to remove conditions and obtain an unconditional Green Card. An EB-5 Visa consultant or immigration attorney can guide you through this critical stage, assisting in assembling the required documentation and presenting a strong case for the successful removal of conditions.
Role of an EB5 Visa Lawyer for the Application Process
The EB-5 Visa lawyer provides foreign nationals with personalized advice on evolving policies for various visa categories or a Green Card. These steps include:
- Initial consultation: Foreign nationals consult with the lawyer on the EB-5 Visa required investment. The lawyer reviews the applicant’s eligibility, immigration status, and business plans for an existing or new business.
- Submission of application: The lawyer prepares all the documents and concurrent filings to make sure the EB-5 immigrant investor is more likely to get approved for permanent residency.
- Due diligence process: The EB-5 Visa 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.
- Investment confirmation: The lawyer assists with real estate investment and infrastructure projects, whether in a Metropolitan Statistical Area or a Targeted Employment Area. The law firm checks if any additional fees apply to the EB-5 Visa application.
- 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.
How to find the right EB-5 Visa specialist online?
To find lawyers or immigration attorneys, you must research law firms, ensure they have adequate experience, communication skills, and can fit your budget. Here’s how to get started.
- Research law firms and attorneys specializing in immigration and EB-5 Visas. Conduct thorough research to identify reputable firms or attorneys with expertise in immigration and a specific focus on EB-5 cases.
- Evaluate the lawyer’s experience, track record, and client testimonials. Examine the lawyer’s track record in handling successful EB-5 cases and their experience with the program. Client testimonials offer valuable feedback on their communication skills, responsiveness, and overall satisfaction with the services provided.
- Consider the lawyer’s communication style and accessibility. Choose an EB5 Visa attorney who is attentive to your needs, promptly addresses your concerns, and keeps you informed at every stage of the application.
- Discuss fees and payment structure. The EB5 immigration lawyer must clearly explain the annual fee involved, including any additional expenses related to the application process.
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.
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Frequently Asked Questions About Hiring an EB5 Visa Lawyer
Do I need a lawyer to apply for the 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.
Is it worth getting a lawyer for EB-5 Visa?
Yes, it is worth it. Even on a limited budget, you can always find a law firm to take your case for an EB-5 Visa and point out any errors in your application. The lawyer can help you choose the right investment path for the new business, either for Regional Centers or Direct Investment, and ensure your business plans meet the criteria.
How can an EB-5 Visa attorney help with my application?
The EB-5 Visa attorney can help if your EB-5 petition is denied. They can assist in securing a permanent residence (or a Green Card). They ensure your investment funds come from lawful sources and organize the paperwork to avoid EB-5 Visa delays or denials. The goal for foreign investors is to boost commercial enterprises or infrastructure projects for job creation via an existing or new business.
What should I look for in an EB-5 Visa lawyer?
The best way to choose an EB-5 Visa lawyer 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.
How does the EB-5 Program work for immigrant investors?
The EB-5 immigrant investor is required to invest:
- $1,050,000 in any location, or
- $800,000 in a Targeted Employment Area (TEA)
Many set-aside visas are available in rural areas where unemployment rates are higher than the national average. The business plans for the existing or new enterprise must create at least ten full-time jobs.
What are the benefits of hiring an experienced EB-5 attorney?
Hiring an attorney for the EB-5 Visa offers many advantages, such as:
- Compliance with EB-5 Visa laws
- Provide a list of legally obtained source of funds
- Boost the success rate
- Explore other visa options
A law firm can review business plans when investing via a regional center and flag projects that don’t meet the job creation requirement to eventually get a Green Card.
What are common mistakes EB-5 Visa lawyers help avoid?
EB-5 Visa lawyers can prevent you from investing in non-qualifying projects and concurrent filing mistakes. The law firm looks closer at your investment, whether you put the money into a business or an approved regional center. They assess your goals, risk tolerance, and day-to-day management preferences so that you can choose the best path for your commercial enterprise.
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.
Will an EB-5 Visa lawyer represent me in the conditional permanent residency stage?
Yes, an immigration attorney specialized will represent you during the conditional Green Card stage. They address any USCIS inquiries and help ensure a smooth transition from the I-526 approval to the granting of an unconditional Green Card.
How can I find a reliable EB5 Visa lawyer?
To find a reliable visa 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 can immigration attorneys do for an EB-5 investor?
Immigration attorneys can assist you in adjusting status while ensuring your involvement in securities offerings complies with legal requirements. Legal experts can help you prepare tax returns as part of the process and advise on travel authorization for any international trips during your immigration process. They can also explore other employment-based visas.
Does the EB-5 program grant a direct permanent resident status?
No. EB-5 immigrant investors don’t get permanent residence right away. First, they meet the basic requirements for a conditional residence, after which they can register permanent residence. Immigration attorneys help immigrant investors apply for permanent residence (Green Card) after they meet specific requirements.
What is a Targeted Employment Area (TEA) for EB-5 immigration?
A Targeted Employment Area (TEA) is a region in the U.S. that encompasses a rural area or destination with a high unemployment rate. The rural area can be an excellent option for job creation for immigrant investors who want a lower minimum investment of $800,000 instead of $1,050,000.
What are the basic requirements for an EB-5 Immigrant Visa?
The EB-5 investor must invest $1,050,000 in a U.S. business or $800,000 in a Targeted Employment Area, which is a rural area or a location with low employment. High net worth investors can boost job creation or aid a troubled business, paving the way for permanent residence.
Who qualifies for EB-5 set-aside visas in high-unemployment areas?
To qualify for set-aside visas under the EB-5 program, investors must put at least $800,000 into a project in a rural area or one with unemployment rates above the national average. They must prove their funds were legally obtained, often using tax returns and documents showing their net worth.
