Understanding and Applying for the EB-5 Investor Visa: An Essential Guide
Comprehending the EB-5 Investor Visa
The EB-5 Investor Visa, a U.S. government program, permits global investors to achieve lawful permanent residence via substantial investment in the U.S. economy. Navigating towards this visa can be complex, requiring legal knowledge & thorough preparation. Hiring a seasoned immigration attorney ensures a seamless journey.
Feldman Feldman & Associates PC is a top-notch immigration law firm in California. If you are in need of an immigration attorney, contact us by calling 619-299-9600 today.
Establishing EB-5 Visa Eligibility
Prior to beginning the application procedure, it’s vital to confirm your eligibility. The EB-5 investor visa isn’t accessible to every single individual; applicants must satisfy distinct criteria, such as investing a minimum of $1.8 million into a new business venture, or $900,000 if the investment targets a Targeted Employment Area (TEA). This investment should also foster the creation or preservation of a minimum of 10 full-time jobs for suitable U.S. workers.
Appointing an Immigration Attorney
An EB-5 visa attorney plays a pivotal role in the EB-5 visa application journey. Navigating through the labyrinth of immigration law necessitates legal acumen to handle its nuances accurately. An adept immigration attorney delivers priceless advice and can markedly expedite the process, minimizing application mishaps and ensuring all prerequisites are fulfilled.
Completing and Submitting Form I-526
The first step in the EB-5 application journey involves completing and submitting Form I-526 (also known as the Immigrant Petition by Alien Investor). This document details your investment’s nature & illustrates its compliance with the job creation prerequisite. The intricacies of this form underscore the need for an immigration attorney, guaranteeing precise, exhaustive, and punctual submission.
Anticipating I-526 Petition Approval
After the submission of the I-526 form, patience is key. The U.S. Citizenship and Immigration Services (USCIS) must examine and validate your petition. The timeline of this process can fluctuate, with some petitioners waiting up to two years before approval.
Modifying Status or Applying for an Immigrant Visa
Following the validation of your I-526 petition, you can either alter your status (if you’re currently in the U.S) via Form I-485, or solicit an immigrant visa from the Department of State if you’re abroad.
Submitting Application for Condition Removal
Post obtaining the EB-5 visa, you’re awarded conditional permanent residence for a span of two years. Within 90 days prior to this period concluding, you need to request the removal of these conditions using Form I-829. Once approved, the conditions are eliminated, and you’re granted a permanent Green Card.
Understanding the Investment of Becoming a U.S Citizen
It can be costly to have an EB-5 visa – expense can be a drawback. While the actual investment constitutes the majority of the cost, additional expenditures, such as attorney fees, Regional Center administration fees, and USCIS filing fees also play a part. The Form I-526 for the EB-5 visa application currently costs $3,675.
Key Points for EB-5 Visa Application
Consider appointing an immigration attorney early in the procedure: ensure your investment capital originates from legitimate sources, and maintain meticulous and precise records of all transactions.
In a nutshell, the EB-5 investor visa application is an intricate procedure that demands extensive preparation and meticulous execution. A trustworthy immigration attorney can simplify this journey, ensuring adherence to all requirements.
Frequently Asked Questions
1. What is an EB-5 investor visa?
An EB-5 investor visa is a program that allows foreign investors to procure a U.S. visa through a substantial investment in a U.S. enterprise, generating or preserving at least 10 jobs for U.S. employees.
2. How do I apply for an EB-5 investor visa?
The application procedure includes multiple steps such as establishing eligibility, appointing an immigration attorney, lodging the appropriate documents, and awaiting USCIS validation.
3. What is the cost of an EB-5 investor visa application?
The USCIS application fee for the EB-5 visa is $3,675. This amount is separate from the required investment of $1.8 million or $900,000 if invested in a TEA. There are also attorney fees, and almost all Regional Centers charge an administrative fee, which typically range from $35,000 to $75,000.
4. What are the prerequisites for an EB-5 visa?
Applicants must invest in a new business venture and generate or preserve at least 10 full-time jobs for suitable U.S. workers.
5. How long does it take to obtain an EB-5 visa?
The processing time can vary but currently takes about two to four years for the first stage to be approved. An immigration attorney can assist in expediting the process and sidestepping potential obstacles.
Contacting the Correct Immigration Attorney
It is important to consult an immigration attorney to discern the most fitting course of action for your particular circumstance and to decide whether the EB-5 program is a good fit. Sometimes, another program such as an E-2 investor visa or another type of green card is actually a faster and cheaper route to acheive the desired result. Call Feldman Feldman & Associates PC at 619-299-9600 to discuss your situation and for support with your immigration case today.
