EB-5 Investor Visa Immigration Lawyer

The EB-5 investor visa provides lawful permanent resident status for investors and their families who contribute significantly to the local, regional, or national economy by providing jobs and economic investments in their community.

At Fresh Start Immigration Law, our associated attorneys help clients prepare to file for their visas, deal with immigration concerns, and manage their petitions. We know how EB-5 investor visas work and what you need to get approved. Contact us today to learn more.

Let Our Associated EB-5 Visa Lawyer Assess Your Eligibility

At the Fresh Start Immigration Law, our associated investment visa lawyers understand the purpose of EB-5 visas and how they work. According to the U.S. Citizenship and Immigration Services (USCIS), the EB-5 visa program provides immigrant visas for foreign investors. This process allows those who meet the stringent criteria to receive lawful permanent residency status, often called a Green Card.

To receive a Green Card, these individuals must make a qualifying investment in a U.S. business that creates or preserves jobs for U.S. workers. Since 1990, this program has aimed to improve the economy through capital investment and job creation.

Eligibility for the EB-5 Visa

To be eligible for the EB-5 visa, investors must meet several qualifications. Please note that the below rules apply to petitions filed on or after March 15^th, 2022:

• They must invest at least $1.05 million or make a Targeted Employment Area (TEA) investment of at least $800,000
• Their investment must create or preserve at least 10 full-time jobs in the first two years
• The investment must go to a new commercial business, a struggling business, or the expansion of a current business
• The money for the investment must come from a legal source
• The investor must be involved in the running of the business in some capacity

Our Associated EB-5 Visa Attorneys Can Help You Navigate This Process

An approved EB-5 visa grants the investor and their family admission to the U.S. as a conditional permanent resident for two years. If they meet the necessary criteria, they can then file to remove the conditions and get their Green Card. 

The process of gaining lawful permanent residency through an EB-5 visa is complex. Many petitioners work closely with immigration attorneys, financial advisors, and other knowledgeable professionals to ensure they have the best chance of success.

Forms for an EB-5 Investor Visa

According to the USCIS, the EB-5 visa process requires filing numerous forms and carefully tracking the outcomes of the investment. To apply for an EB-5 visa, you must file:

• File Form I-526, Immigrant Petition by Standalone Investor OR Form I-526E, Immigrant Petition by Regional Center Investor; then:
  • Form I-485, Application to Register Permanent Residence or Adjust Status
    • The approval of your Form I-485 application or your arrival in the United States with an EB-5 immigrant visa grants you conditional permanent resident status to you and your family members for two years.
  • DS-260, Application for Immigrant Visa and Alien Registration

Then you must file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. This must be done within 90 days of the two-year anniversary of your entry into the U.S. or your adjustment of status.

I-829 is not filed right away or during your initial application. With this form, you must send documentation that you met all conditions of the EB-5 visa so that the USCIS can remove the conditions and grant your Green Card.

Our associated immigration attorneys handle this process for our clients regularly. We can manage your initial application or oversee the I-829 process to remove the conditions from your immigrant visa.

Our Associated Investment-Based Immigration Lawyer Can Build a Strong Application on Your Behalf

Our associated investment visa attorneys from Fresh Start Immigration Law understand the requirements and documentation necessary for the EB-5 visa. We know the required documentation for each step in this complicated process.

Supporting Form I-526

• Proof of the investment, such as financial statements
• Evidence to show the funds came from a lawful source, such as tax returns
• A viable business plan for the commercial business
• Proof of job creation, including a hiring plan or employment contracts

Following an Approved Form I-526 (To Support Form I-485 or Consular Processing)

• Proof of lawful entry into the U.S., if applicable
• Medical examination report (Form I-693)
• Passport, birth certificate, and other documentation of who you are

To Support Form I-829

• Updated business records and financial statements to show the investment helped the business
• Payroll records and employment records to document job creation or preservation

Frequently Asked Questions About EB-5 Investor Visas

Our associated attorneys can help you understand, apply for, and manage the EB-5 investor visa process. Contact us today for additional answers to your questions or to get started.

How Much Do I Need to Invest for an EB-5 Visa?

Generally, investors must make a minimum investment of $1.05 million for an EB-5 visa as of march 2022. However, investments in Targeted Employment Areas (TEAs) could be as little as $800,000. TEAs are rural or high-unemployment areas where a smaller investment could make a significant difference.

How Long Does It Take to Get an EB-5 Visa?

According to the USCIS, 80 percent of Form I-526 applications are currently being processed within 55 months. This time frame reflects the average as of August 2024. The processing time for a Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (I-829) is also 55 months.

What Type of Visa Is an EB-5 Investor Visa?

An EB-5 investor visa is an immigrant visa designed for those who intend to permanently relocate to the United States. Holders begin with conditional permanent residency and can file to have the conditions removed after two years.

Do EB-5 Investors Get a Green Card?

An EB-5 investment visa allows the investor, their spouse, and any unmarried children under age 21 to obtain Green Cards if they uphold the EB-5 requirements.

Can an EB-5 Visa Result in Citizenship?

EB-5 investors have a direct path to lawful permanent resident status. This means they can apply for U.S. citizenship following the applicable waiting period.

Learn More From Our EB-5 Investor Immigration Team Today

EB-5 investment visas can provide a lot of opportunity for people like you, but you have to be able to navigate this process. Our associated investment-based immigration attorneys are here to work with you and ensure you meet your investment and immigration goals. Contact the Fresh Start Immigration Law today to learn more.