What is an EB-5 Visa?
The EB-5 Visa is basically an immigrant investor visa, which allows for an opportunity for a green card so long as you make an investment. From the United States’ standpoint, the purpose of this visa was to stimulate growth in the economy. At SD Immigration Lawyers we can facilitate the entire process for you. Call us today to discuss your needs.
The main investor and the investor’s spouse and unmarried children can obtain their green cards through this category.
What do I need to do in order to quality?
All investors seeking an EB-5 visa must invest in a new commercial enterprise. A new commercial enterprise is a business that was either: 1) created after November 29 1990 or 2) a business purchased by a new business and is reorganized into basically a new commercial enterprise or 3) expanded through investment that results in a 40% increase in net worth or number of employees.
The commercial enterprise must be lawful. Which means the business cannot be engaged in any sort of criminal activity (e.g. selling drugs, engaging in fraud, theft). This commercial enterprise must be for profit. In other words it cannot be a charity. A prospective investor must invest cash, equipment, or some sort of tangible property. Generally the minimum investment is 1 million dollars.
However, you don’t always have to make such a daunting investment. Instead, you can make an investment of $500,000 in a targeted employment area. A targeted employment area is one where there is high unemployment or in a rural area of the United States (e.g. areas in the Midwest or central region).
What are the advantages?
The EB-5 allows for permanent residency IMMEDIATELY upon entry into the United States.
What are the disadvantages?
500,000 to 1 million dollars is significant amount of money. However, if you are financially sound, and have a significant cushion of wealth, then this should not be a risky investment.
What is the process of applying for an EB-5?
Applying for an EB-5 is a two-step process:
- First, file a form I-526 petition (Petition By Alien Entrepreneur) with supporting documents. Contact our firm for further information on what supporting documents are needed. Or visit http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-process
- After approval of I-526, Second, file a DS-230 or DS-260 (Application for Immigrant Visa and Alien Registration)
How long does it take?
An applicant without any issues takes anywhere from one month to several months to prepare documentation and file; it may take several months for CIS to process initial applications.
How many EB-5 Visas are issued each year?
Each year there are 10,000 EB-5 visas available. This number includes spouses and children. As of this writing, the maximum number of 10,000 has not been reached, however, this number is steadily increasing. This visa has gained significant popularity and is anticipated to peak at its maximum by the end of this year.
How can a lawyer help me?
With such a large investment, it is important that that you receive help from a qualified immigration attorney. SD IMMIGRATION LAWYERS is committed to helping you through this process. Our firm can help you through every step of the way by:
- Filing of government forms – There are many government forms required in an EB-5 application. These can be very time consuming and at times often very confusing. We have trained professions to make sure this process goes smoothly and that they are there to assist you with any questions you may have throughout the process.
- Assisting you in finding a viable business – At SD Immigration Lawyers, we can help you find a viable business. If needed we can help with research and due diligence to make sure you have a sound investment.
- Formation of business contracts;
- Communication with USCIS and follow ups if necessary;
- Attend any interviews if needed;
- Keep you informed of critical dates and updates of your application.
Where can I learn more?
You should consult SD IMMIGRATION LAWYERS or http://www.uscis.gov/eb-5
Can SD IMMIRGATION LAWYERS help me with this option?
Certainly, please call our qualified experienced set of attorneys to help you! (619) 808-7877