INVESTOR VISAS – EB5 PETITIONS

Invest with Certainty. Be Confident in the Outcome.

The Employment Based 5th Preference (EB-5) investor visa program can sometimes be the fastest route to Permanent Residence in the United States. In return for an investment of $500,000 (plus attorney costs) or $1,000,000 (plus attorney costs) an investor, his spouse and children under the age of twenty-one can receive permanent residency in the United States, enroute to possible citizenship.

The EB-5 investor visa requires a foreign national to invest $1 million (or $500,000 if the investment falls within a “targeted employment area”) in a business that creates ten new American jobs. Initially the investor is granted a 2-year conditional Permanent Residency. 6 months prior to the expiry of this conditional Permanent Residency, the applicant is allowed to file the I-829 petition to remove conditions. The investor visa program has certain statutory requirements including the maintenance of the investment throughout the EB5 conditional permanent residency period, increasing regional productivity, and other requirements. If these conditions are met, the Permanent Residency becomes fully permanent.

USILaw does not represent any regional center. It is agnostic about the investments our clients choose.

Graph of EB-5 beneficiaries

What Types of Investments are Eligible?

In order to be granted an EB-5 visa, an investor must invest in a new commercial enterprise that was either (1) established after November 29th, 1990 or (2) was established on or before this date and has been purchased, restructured, or reorganized in such a way that a new commercial enterprise results. Likewise, investors may invest in older businesses if their contributions result in a 40 percent increase in the business’ net worth or number of employees.

The Unites States Citizenship and Immigration Services (USCIS) defines new commercial enterprises as any for-profit activity formed for the ongoing conduct of lawful business, including:

  • Sole proprietorships
  • Limited or general partnerships
  • Holding companies
  • Joint ventures
  • Corporations
  • Business trusts
  • Any entity that may be publicly or privately owned

Investments must create or preserve a minimum of 10 full-time jobs for qualifying U.S. workers within two years of an immigrant investor’s admission to the United States. Investors may only be credited with preserving jobs in a troubled business, or a business that has incurred a net loss during the 24-month period prior to the immigrant investor’s contributions. An immigrant investor’s investment capital may not be borrowed, and can be in the form of cash, cash equivalents, equipment, inventory, or other secured tangible property.

How Do I Apply for an EB-5 Visa?

To apply for an EB-5 visa, you must fill out Form I-526 with the USCIS. If approved, you must then file Form I-485 to adjust your status to a permanent resident. If you do not already have lawful status in the United States, you must instead file for an immigrant visa by submitting Form DS-230, or DS-260 to the National Visa Center. Like any immigration related matter, this process can be considerably complex and expose you to numerous potential snags without the assistance of a knowledgeable attorney. At USILaw, our skilled investor visa lawyers can guide you step-by-step through the associated procedures and provide the support you need to maximize your chances of approval.

Complexities of Investor Visas

As with all investments, there are inherent risks. The investor should be well informed about these risks and understand the particular complexities of this visa. It is critical that investors understand the need to collaborate with entities that do not have conflicts in the alignment of interests and are working in concert. USILaw encourages safe investments and genuine partners so that outcomes can be positive and the results match the intention of the law both in spirit and essence.

Why USILaw?

  1. Trust. USILaw does not represent any regional center. Consequently, it does not have any intrinsic interest in swaying the investor into a particular investment. Usilaw strictly provides legal advice and support and is agnostic about which investment the client ultimately chooses.
  2. Results. USILaw’s history in working on EB-5 investments is marked by a 100% success rate on all of the petitions it has filed. While this is no indication of future success, it definitely indicates a capability and expertise that clients find beneficial.
  3. Service. USILaw’s service is embedded with the philosophy that client interests are paramount. Not representing a Regional Center allows us to offer clarity and unconstrained advice.

Discuss your immigration goals with our investor visa attorneys at USILaw. Contact us today.