EB5 Attorney for Investor Visas
The EB5 visa visa offers unique opportunities for individuals and families wishing to live in the United States. Through a specific investment in the U.S. economy, you can set a path toward becoming a permanent resident and eventually, U.S. citizen. At D’Alessio Law Group, we’re EB5 lawyers and business immigration law experts. If you need an EB5 attorney in the Los Angeles area, reach out to us today.
Your EB5 attorney will provide comprehensive guidance to streamline your application process, help you understand the EB 5 requirements, and prepare all the necessary documentation to support your journey toward achieving your American dream.
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It was a real pleasure working with D’Alessio Law. The team was super professional, and I have felt supported in all aspects of this process all the way through.
They are very detail-oriented and have all the necessary facilities at hand to help.
I definitely recommend D’Alessio Law to anyone who wants to get an O1 or any other related visa without wasting time and money.
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What is an EB 5 Visa?
An EB5 visa is a visa that allows eligible immigrant investors to become lawful permanent residents—commonly known as green card holders—by investing in U.S. businesses. To qualify, you must invest a minimum amount that typically varies by project location. $1,050,000 is the standard but there’s a reduced rate of $800,000 for targeted employment areas.
This program is designed to boost the U.S. economy through job creation and capital investment by foreign investors. It opens a pathway for you and your family to live, work, and study anywhere in the United States.
EB 5 Visa Requirements
To qualify for an EB5 visa, you must meet several key requirements:
- Investment Amount: Invest at least $1,050,000, or $800,000 in a Targeted Employment Area (TEA) that is either rural or has high unemployment.
- Job Creation: Create or preserve at least ten full-time jobs for U.S. workers. These jobs must be maintained for a minimum of two years and cannot include positions filled by yourself or your immediate family.
- Type of Investment: Your capital must be invested in a new commercial enterprise or through a regional center project. Regional centers are designated entities that manage investments in job-creating projects, simplifying the process for investors.
These requirements ensure your investment contributes effectively to the U.S. economy. You will need to go through the immigrant visa petitioning process, but your EB5 attorney can help.
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How an EB5 Lawyer Can Help You Apply for an EB5 Visa
Initial Consultation
Consult with an EB5 attorney to ensure you meet the eligibility criteria and understand the investment requirements.
Choose an Investment
Select an appropriate EB5 project, either directly in a business or through a regional center, ensuring it qualifies under USCIS guidelines.
Submit a Visa Petition
Your EB5 attorney will help you file Form I-526 Immigrant Petition by Alien Investor to USCIS, demonstrating your investment and job creation plans.
Apply for a Conditional Green Card
Your EB5 attorney will help you file Form DS-260 Application for Immigrant Visa and Alien Registration with the Department of State if you are living abroad or Form I-485, Application to Register Permanent Residence or Adjust Status with USCIS if you are already legally living in the United States. Once approved, you receive a conditional green card, allowing you to live and work in the U.S. for two years.
Apply to Remove Conditions on Your Green Card
After two years, your EB5 attorney will help you file Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status to remove conditions on your residency, proving job creation and sustained investment.
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How to Transition from Permanent Residency to Citizenship
Achieving permanent residency through the EB5 visa program is a big step toward becoming a U.S. citizen. Initially, you will receive a conditional green card valid for two years, allowing you and your immediate family to live, work, and study in the U.S.
Before your conditional green card’s two-year expiration date, you must apply to remove its conditions, demonstrating that your investment has fulfilled all requirements, including creating necessary jobs.
Once you have maintained permanent residency for five years with continuous residence and a good moral character, you can apply for U.S. citizenship through naturalization.
EB5 Visa FAQ
You’ll need to talk to an experienced EB5 lawyer to check for certain if your new business entity was terminated or debarred. The Immigration and Nationality Act (INA) has a section that generally allows certain investors to remain eligible after termination or debarment.
Investors may retain eligibility by informing the USCIS of meeting all the other requirements or by amending their visa petition to prove that they meet the requirements of another section of the INA. If you were responsible or otherwise compliant in the act that caused the termination of disbarment of your NCE or JCE, this will not apply to you.
If you receive a Notice of Regional Center Termination or Debarment, it will only be because the USCIS identified you as an affected investor of a new commercial enterprise or job-creating entity. In that case, it would be in your best interest to get the advice of an EB5 lawyer to know the best course of action.
Generally, you have to respond to your Notice of Regional Center Termination or Debarment within 180 days. When responding, you need to inform the USCIS that you are still eligible, excluding the aforementioned termination or debarment, or you need to amend your I-526E (Immigrant Petition by Regional Center Investor) to retain eligibility under the INA.
If you’re interested in taking the latter option, USCIS will typically extend the 180-day deadline for pre-RIA investors until after the adjudication of their Form I-526 (Immigrant Petition by Standalone Investor).
No, the eligibility requirements applicable to investors who filed their petitions before the EB5 Reform and Integrity Act (RIA) enactment differ from those who filed their petitions after its enactment. Any knowledgeable EB5 lawyer should be able to inform you of the requirements you’ll need to meet after looking at your case.
No, USCIS has the sole authority to issue terminations and debarments. Investors cannot request a voluntary termination, although they may revoke their petition through the normal channels.
Contact an EB5 Attorney in Beverly Hills
At D’Alessio Law Group, we guide you through each step of the EB5 visa process, from selecting the right investment to filing necessary petitions. Our dedicated team ensures your application meets all legal requirements to secure your U.S. residency.
Contact us today to discuss your options for an investor visa with our EB5 lawyers to secure your future in the United States.
