EB5 Investment Visa
Congress grants 10,000 immigration visas each year to eligible foreign investors in exchange for their capital investments in start-up businesses. With this Employment Based Fifth Preference Category (EB-5) visa, the United States Citizenship and Immigration Services (USCIS) has made its doors open to qualified investors depending on the type, purpose, and amount of capital they are willing to provide. This is done in an effort to boost economic activity and promote job growth.
EB5 Qualifying Investment
A successful application in one category needs proof of a $1 million qualifying investment made by an individual in a new, commercial firm in the United States, as well as proof that the investment has led to the creation of at least 10 jobs and other significant growth.
Contact the Best EB5 Visa Lawyer in Van Nuys
Obtaining an EB-5 investor visa or green card can require extensive preparation. At the Law Offices of Hussain & Gutierrez, our EB-5 attorneys in Van Nuys have the necessary experience to help clients obtain investor green cards. An immigrant himself, Eb5 Visa Lawyer Fakhrudeen Hussain knows what it takes to navigate the US immigration system. Call 888-997-3701 or contact us online to schedule a free initial consultation.
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We invite you to visit our EB5 visa attorneys in Van Nuys. Call us at 888-997-3701 to set up a free initial consultation or send us a message online. Offering services in English, Sinhala, Tamil, Hindi, Gujarati, Urdu, and Spanish, whatever your requirements are, our EB-5 immigration attorney can guide you through any difficulties you might have to face when investing in your future.
Even though there are other immigration visas that give foreign people opportunity, the EB-5 visa stands out since it leads to a green card. This indicates that, if accepted, you and your family will enjoy:
- All the benefits given to every other United States resident
- Unrestricted access to the US (for both business and personal use)
- Unlimited residency in the US (no renewals or re-application requirements)
- Freedom to live and work anywhere in the country
- Potential to run or own your own business anywhere in the nation
- Permanent green cards for you and each qualified member of your family
- The ability to attain legal US citizenship after five years of residence
The EB-5 green card is an investment visa that requires the recipient to invest a sizable sum of money in a US-based company. There are two ways to complete this requirement, as explained by our EB-5 visa attorney:
Direct Investment: Investors must put a minimum of $1,050,000 into the business venture whether they choose to launch a new company, buy an existing one, or restructure an existing one into a new one. If the company is situated in a rural location or a place with a high unemployment rate, the investor may invest $800,000.
Regional Center Investment: Investors are permitted to fund a company in a location that USCIS has identified as having a very urgent need for economic stimulation. Investments into regional center firms must be at least $800,000.
Immigration Investment Visa - Raised to $900k Effective November 21, 2019.
The EB-5 Investor Program Modernization regulations were released by the Department of Homeland Security (DHS) on July 24, 2019, and they went into effect on November 21, 2019. The rule also called for minimum investment amounts to be increased commencing on October 1, 2025, in accordance with inflation. The effective date of these regulations is November 21, 2019.
The regulation raises the threshold from $500,000 to $900,000 for targeted employment areas (TEAs) and up to $1.8 million for all other investments.
Your application should be decided by USCIS in accordance with the earlier EB-5 laws and regulations. Only applications submitted after November 21, 2019, should be evaluated in accordance with the new EB-5 rules. A filing after November 21 will very probably result in a wait time of three years or much longer due to the surge of new filings in the months running up to that day (depending upon the nationality of the investor). Contact an EB-5 Immigration lawyer over at the Law Offices of Hussain & Gutierrez to discuss your case and the best options available to you.
No matter which of these forms your investment takes, as part of your visa commitment, you are required to establish at least 10 full-time US employment. USCIS will assess your company at the end of your two-year conditional residency to see if you have invested the required amount of cash and produced the necessary number of employment. If you have complied with the requirements of your visa, you can petition to have them lifted so that you can enter the country without restriction using your permanent green card. Our investor visa attorneys in Van Nuys can help you navigate this process.
The EB-5 visa application procedure is a difficult and technical one where a specific event must be timed to coincide with or come first in a series of legal filings. To start the procedure, an I-526, Petition by Alien Entrepreneur, must be filed, in most cases. USCIS reports that the processing time for I-526 ranges from 32 to 49 months, though this can vary greatly based on the project and/or regional center where the investment is made.
Once the I-526 has been approved, the investor has two options for changing status: if they are already legally present in the country, they can file the I-485 Application to Register Permanent Residence, or if they prefer to process from abroad, they can file the DS-230/DS-260 Application for Immigrant Visa and Alien Registration. After obtaining conditional entrance into the country, the investment must continue, and new jobs must be created. Failure to adhere to the terms of the immigrant's plan could affect his or her ability to eventually have the restrictions on their green card removed.
Timing becomes crucial after faithfully carrying out the approach outlined in the prior immigration file. The EB-5 candidate must submit Form I-829, Petition by Entrepreneur to Remove Conditions, no later than 90 days before the two-year anniversary of obtaining their green card. The process is greatly complicated if this form is not submitted on time, and the immigrant may even lose the ability to have the constraints placed on his or her green card removed.
EB-5 Visa Lawyers in Van Nuys Dedicated To Serving Our Clients With A Range of Legal Issues
Numerous visa alternatives are available to overseas investors who want to run a business in the United States. You are aware that the choices you make at the very beginning are crucial to the success of your business and that you only have one shot to get it right. How can you be certain that getting an EB-5 investment visa is the best option for getting you and your family into the United States? Numerous foreign nationals have successfully navigated the EB-5 investor program with the assistance of Hussain & Gutierrez’s seasoned and respected Van Nuys EB-5 investment visa lawyer to get conditional and permanent residency in the United States. Having the team of Eb5 Visa Attorneys Van Nuys, we can help our investor Visa Attorney Van Nuys clients with any additional US immigration requirements, including travel authorization, naturalization, and the sponsorship of family members. Whether it’s the I-485 adjustment of status for investors who are in nonimmigrant status in the US or the immigrant visa application at the US consulate, our firm has extensive experience with the permanent residence process for investors.
Have a question? Ask our US investment visa attorney
EB-5 investment funds must abide by all applicable US securities and anti-fraud laws and regulations, just like any other type of investment vehicle. Investments made through the EB-5 program in the United States must be “at risk” in the same manner that stock or equity fund investments have inherent risk. There is no assurance of monetary gain. Contact our EB5 visa lawyers in Van Nuys for more information.
After receiving work authorization or becoming a conditional permanent resident, an EB-5 investor is qualified to work for any US employer. Investors who make investments through a regional center are not required to work there. The employment of investors or their dependents by the EB-5 company in which they have invested may not meet the requirements for job creation.
According to USCIS processing estimates, the processing period for I-526 Immigrant petitions for EB-5 visas ranges from 29.5 to 61 months as of December 2022. For investors already residing in the USA, I-485, depending on the service center, the processing time for a USA investment Green Card application to Adjust Status ranges from 7 to 29 months.
You have the choice to make a direct investment by starting a business in the US if you apply for an EB-5 visa. This corporation might operate as a franchise, an IT firm, a restaurant chain, a real estate firm, or one of many other “for-profit” businesses.
Unfortunately, on the EB-5 petition, parents are not listed as dependents. You may name your spouse and any minor children who are not married as petitioners. If you are under 21, you may apply as a dependent along with your parents.
