What to Avoid When Applying for an EB-5 Visa in San Diego

 

The EB-5 visa program provides a path to green cards for foreign investors who invest in U.S. commercial enterprises. However, the EB-5 visa application process can be complex and requires meticulous attention to detail. Making mistakes can lead to unnecessary delays or even rejection.

We’re an award-winning California law firm with 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC in San, Diego California by calling 1-619-299-9600 today.

If you are considering applying for an EB-5 visa in San Diego, avoid these five biggest mistakes:

1. Not Hiring an Experienced Immigration Attorney

The EB-5 program has stringent requirements, and USCIS scrutinizes applications thoroughly. Navigating the process requires extensive experience in immigration law. Hiring an unqualified or inexperienced lawyer increases the risk of mistakes that could sink your application. Retaining an EB-5 visa attorney in San Diego who has experience in investor visas is essential. They will ensure your application meets all technical requirements.

2. Not Performing Thorough Due Diligence on the Investment

The EB-5 program requires investing in a new commercial enterprise that creates at least 10 full-time jobs. You must perform in-depth due diligence to evaluate the business plan and job creation projections. Simply taking the developer’s claims at face value can lead to problems. Insist on transparency and verify claims independently. Thorough due diligence protects your investment and your visa prospects.

3. Not Documenting Source of Funds Properly

To qualify for EB-5 visas, the full investment amount must come from lawful sources. Applicants must legally accumulate funds or receive them as gifts. You must thoroughly document the lawful source of funds with financial records, certifications, and supporting documents. Sloppy documentation creates suspicion and causes delays. An experienced EB-5 lawyer ensures you properly evidence lawful sources.

4. Overestimating Your Own Involvement

USCIS requires EB-5 investors to be actively engaged in managing their investment. However, many applicants overestimate their skill set. Being overconfident in your ability to run an enterprise in an unfamiliar country can undermine your prospects. Seek immigration lawyers  advice to structure appropriate involvement.

5. Failing to Plan for Potential Denial or Delay

Even with a seemingly airtight application, USCIS may issue a Notice of Intent to Deny (NOID) or Requests for Evidence (RFE). You must be prepared to address concerns promptly and thoroughly. Also have contingency plans for potential delays or denial. Proper planning prevents petition abandonment. Discuss scenarios and responses with your EB-5 attorney.

 

Proceeding without legal guidance almost guarantees mistakes in your EB-5 application. Connect with a top EB-5 visa lawyer in San Diego to avoid these common errors and maximize your approval chances.

Frequently Asked Questions

1. How much does an EB-5 visa cost?

The minimum EB-5 investment amount is $800,000 in a Targeted Employment Area or $1.05 million otherwise. Applicants also pay USCIS filing fees, Regional Center administrative fees, and legal fees. Total costs often exceed $75,000.

2. What are the EB-5 visa requirements?

Requirements include investing in a new U.S. business, creating 10 full-time jobs, and demonstrating the lawful source of investment funds. Applicants must also prove education/work experience and pass background checks.

3. How long does it take to get an EB-5 visa?

A: The process usually takes 1.5-2 years, but can vary. USCIS must approve an I-526 petition first, before the applicant can apply for conditional permanent residence.

4. What happens after getting an EB-5 green card?

A: Conditional green card holders must file an I-829 petition after two years to remove conditions and obtain permanent green cards.

5. Can EB-5 visa holders apply for U.S. citizenship?

Yes, EB-5 investors can usually apply for naturalization 5 years after receiving conditional green cards if they meet other eligibility criteria.

 

Choosing Your EB-5 Immigration Lawyer

 

We’re an award-winning California law firm with 50+ years of experience in immigration law. Talk to an immigration attorney at Feldman Feldman & Associates PC in San, Diego California by calling 1-619-299-9600 today.