EB5 Visa Lawyers- Your Guide To EB5 Visa Programs

by | Jun 29, 2021 | blog, blogs | 0 comments

The EB5 visa is the golden visa option released by the US government to attract foreign entrepreneurs interested in becoming lawful American citizens. As an EB5 green cardholder, you can live, work and travel in the USA wherever you want to as an American citizen. 

To apply for the EB5 visa program, you will require substantial capital for investment in a prospective business venture and EB5 lawyers to take care of the documentation. A competent EB5 attorney can simplify the complex paperwork and guide you through the process. 

EB 5 Law And The Eligibility Of Family Members 

When your EB5 lawyer gives you the confirmation of application approval, your family members can also apply for lawful US citizenship based on your visa status. EB 5 visa lawyer will help the applicant’s family members file their immigration petitions.

Once you get your conditional or unconditional citizenship, your spouse will be eligible for immigration with you. Your unmarried children aged 21 or less can also arrive in the USA, including birth children, adopted children, and step-children as well.  

How Long Can You Stay On Foreign Land?

If you get your green card, you can live, study, work and travel in the USA wherever you want, as a citizen. However, if you are applying in a direct commercial enterprise, you will need to stay near your project location as your active participation is necessary to fulfill the eligibility criteria for the program.

EB5 Requirements

The EB5 application is a long and complex process. The expert EB 5 immigration attorneys describe the eligibility criteria before you file the petition:

  • Invest a minimum of US $1.0 million directly in a commercial enterprise that can create 10 full-time relevant jobs for US citizens. 
  • A minimum capital investment of US $500,000 in a TEA that can create direct or indirect employment. 
  • The money should be obtained legally.
  • The investment must fulfill the at-risk condition. 
  • The petition must be approved by USCIS.

The Cost Of EB5 Visa

Apart from the minimum capital investments required for the EB5 visa, the applicant will also have to pay some additional fees. These charges will include-

Fee for adjustment of status

  • I-526 petition fee
  • I-485 fee depending on the applicant’s age
  • Biometric fee

Consular processing

  • I-526 petition fee
  • DS-260 fee
  • Biometric fee
  • Affidavit for supporting fee if applicable

Additional fee

  • Travelling and relocation fee
  • EB 5 lawyer fees

What Are The Advantages Of Pursuing an EB5 Visa As Compared To Other Immigration Options?

Here are the advantages of applying for an EB5 visa over visas-

  • EB5 grants you American citizenship in less time than that of other visas
  • Your dependents can also move with you once you qualify for the unconditional green card
  • You do not need to have sponsorship by the employer to apply for an EB5 visa
  • You do not need a labor certification or extraordinary ability to apply for the EB5 green card program
  • You can also reap the returns on your investments in the long run once your business gets established

The EB 5 Visa Programs Process

Even though the EB 5 program takes a while for application approval, but still, EB5 lawyer considers it the quickest way to get US citizenship. 

The EB5 visa process involves the following steps-

  1. Hiring expert EB 5 immigration attorney to help you with the immigration process
  2. Selecting the investment project and arranging the capital 
  3. File application I-526 explaining your investment proposals
  4. Get a conditional green card on your application approval
  5. Establish the business to meet the eligibility criteria by USCIS, and 90 days before your 2nd anniversary, apply for unconditional residency.

EB5 Application And Taxes

Before you invest in a potential business or move the capital out of the country, it is essential to take an expert’s opinion on how the tax system works. If you fail to do so, you might end up wasting hundreds of dollars that could have been saved. A tax advisor familiar with the dual tax system can help you with the process and save your money.

What Should An EB 5 Petition Demonstrate?

Throughout the process, it is critical to present the documents before the USCIS officials that provide extensive evidence that you are complying with the EB5 visa program’s eligibility criteria. Therefore, having an EB5 immigration lawyer who can present your case efficiently is vital for the application approval.

Your EB5 visa application must include the evidence stating-

  • A new business practice or commercial enterprise has been initiated
  • That amount fulfills the “at-risk” condition
  • The capital investments were lawfully earned
  • The investor is physically present in the US
  • The applicant will be an active participant in the project
  • 10 relevant full-time jobs will be created by the business for the US residents

Visas EB5 Denial

Getting visas EB5 application denied can be possible, especially if you are self-petitioning for the EB5 green card. While it can be disheartening, your options do not end here, and your EB5 attorney will help you with the following options-

  1. If you have gathered previously unavailable documents, you can file for reopening of the case. If you think the decision was incorrect by the US consulate, you can ask for the reopening of the case, but you must prove that the consulate was incorrect from a legal standpoint. In such cases, it becomes vital to have an experienced EB 5 visa attorney beside you.
  2. You can also appeal to a third party, i.e., the Administrative Appeals Office (AAO), for the second review of your case. But, since AAO is a part of USCIS, they rarely contradict the official’s decision.

How Can EB5 Lawyers Help You?

EB5 visa requires a substantial investment at risk in a business and a lot of paperwork. With such a large sum at risk, the applicants must involve EB 5 immigration attorneys to minimize the risk factors.  

The EB5 lawyers understand that time is of the essence with EB5 applications, and you need to get your application processed quickly and correctly.

With an array of steps in which things can go wrong, it would be a wise decision to have an expert EB5 attorney by your side.

Are you harboring a US citizenship dream as well? Call us to set you with a 30 minute free call with an EB5 attorney today!



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