EB-5 Visas

Experienced Immigration Lawyers at Gunderson Law Group, P.C.

Many people throughout the world are looking for opportunities to invest their assets in the U.S. economy. Those willing to invest at least $1.8 million (or in some cases $900,000) in a new commercial enterprise may qualify for an EB-5 visa if they can show that their investment will create at least 10 new jobs. The EB-5 visa allows the investor and his or her family to travel to the United States and remain there permanently. This “lawful permanent resident” status is commonly referred to as a “green card” and can also lead to U.S. citizenship.

EB-5 Visa Lawyers at Gunderson Law Group

Generally, an investor must invest at least $1.8 million in order to qualify for an EB-5 visa. If the investment is made in a geographical area known as a TEA (a targeted employment area), then an investment of $900,000 may be sufficient. Targeted employment areas are areas that generally have very high unemployment rates.

Any investor seeking an EB-5 visa should work with an experienced immigration attorney to ensure that the visa petition is submitted with all the appropriate accompanying documentation. This will include documentation of the source of the invested funds; demonstrating that the funds were obtained lawfully. It will also include specific information about the business investment, including how the investment will lead to the creation of at least 10 new jobs. The government agency that adjudicates EB-5 petitions (USCIS) will reject any petition that is not properly documented.

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The EB-5 Process Overview

The process for obtaining an EB-5 visa is complex and time consuming, but by working with an experienced law firm, investors can maximize the likelihood that their first petition will be approved and that they will eventually qualify for unconditional permanent resident status.

1

The first step in the process is to meet with an experienced immigration attorney to verify that your intended investment will meet all the criteria for an EB-5 visa. A good immigration attorney will be able to work with you and your other business advisors to help you determine the best course of action.

2

The second step is to make the investment. They key here is that the investor’s funds must be irrevocably committed to the project.

3

Once the investment has been made, the investor’s attorney will file the I-526 along all of the initial documentation of the business investment. At this stage, USCIS will verify whether the investor has made the necessary investments and whether the investments are likely to create at least 10 new jobs.

4

Once this application has been approved, the investor and his or her family can receive their EB-5 visas through a U.S. consulate. This visa grants permission for travel to the United States where, upon arrival, the investor and the investor’s family will be admitted to the United States as conditional permanent residents.

5

Before two years have passed, the investor must apply to have the conditions removed. At this stage, the investor will file the I-829 and submit evidence to USCIS that investment was successful in creating at least 10 new jobs.
Of course, this is merely an overview of the legal process. The specific circumstances of every investment may require additional steps or other considerations. For example, many EB-5 investors decide to make their investment in a “Regional Center” which can allow for more flexibility in documenting the required creation of ten or more new jobs. Similarly, those investors who wish to qualify by investing $900,000 in a targeted employment area will typically need to coordinate with local authorities to ensure that the geographic location of the investment project meets all the criteria.

The process of filing for an EB-5 Investor Visa

Contact Us

If you are interested in obtaining an investor visa in the United States, you should contact an experienced immigration attorney. The immigration attorneys at the Gunderson Law Group, P.C. are experienced in these matters and can help answer any questions you might have.




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