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Expert Investment Visa Attorney Services

Trusted legal guidance and personalized support for your EB-5 Visa application journey.

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Immigration Legal Center – EB-5 Visas: Your Trusted Investor Visa Attorney

Welcome to the Immigration Legal Center, your trusted partner in navigating the complexities of the EB-5 Investor Visa program. Our experienced investor visa lawyers are dedicated to helping you achieve your dream of becoming a permanent resident of the United States through investment.


What is an EB-5 Visa?

The EB-5 Visa, also known as the Investor Visa, allows foreign nationals to obtain a U.S. Green Card by making a qualifying investment in a new commercial enterprise that creates or preserves 10 permanent full-time jobs for qualified U.S. workers. For more information, US Citizenship and Immigration Services website for more information!

Why Choose Us as Your Investor Visa Attorney?

  • Expertise in EB-5 Visa Program: Our attorneys specialize in EB-5 Visas, ensuring that you receive knowledgeable and up-to-date advice.
  • Comprehensive Legal Support: From initial consultation to the final approval, we provide end-to-end legal services tailored to your unique situation.
  • High Success Rate: Our track record speaks for itself. We have successfully helped numerous clients achieve their immigration goals through the EB-5 program.
  • Personalized Attention: We understand that every client’s situation is different. Our investor visa attorney offers personalized guidance to meet your specific needs.

For more information on the ILC, visit our “About Us” page

Requirements for EB-5 Investor Visa

To qualify for an EB-5 Visa, applicants must meet several specific requirements. These requirements ensure that the investment benefits the U.S. economy and creates job opportunities for American workers. Our investor visa attorney will thoroughly go through all of the requirements with you, but here the detailed criteria for the EB-5 Visa for your reference:

  1. Capital Investment Requirement
    • Minimum Investment Amount:
      • General Requirement: The standard minimum investment amount is $1.8 million.
      • Targeted Employment Area (TEA): If the investment is made in a TEA, which includes rural areas or areas with high unemployment, the minimum investment amount is reduced to $900,000.
    • Investment Types: The investment can be in cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents.
    • At Risk: The investment must be at risk, meaning there is no guarantee of return on the investment, to qualify under the EB-5 program.
  2. Job Creation Requirement
    • Number of Jobs: The investment must create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or, under certain circumstances, within a reasonable time after the two-year period) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.
    • Full-Time Employment: A full-time job requires a minimum of 35 working hours per week.
    • Qualified Employees: Jobs created must be for U.S. citizens, permanent residents, or other immigrants authorized to work in the U.S., excluding the investor and their immediate family.
    • Direct vs. Indirect Jobs:
      • Direct Jobs: These are actual identifiable jobs for qualified employees within the commercial enterprise in which the EB-5 investor has directly invested.
      • Indirect Jobs: These are jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB-5 investor.
  3. New Commercial Enterprise Requirement
    • Definition: The investment must be in a new commercial enterprise. A commercial enterprise is any for-profit activity formed for the ongoing conduct of lawful business, including, but not limited to:
      • Sole proprietorships
      • Partnerships (limited or general)
      • Holding companies
      • Joint ventures
      • Corporations
      • Business trusts or other entities, which may be publicly or privately owned.
    • New Business: The enterprise must have been established after November 29, 1990, or it must be an existing business that has been restructured or expanded to result in a new commercial enterprise.
  4. Management Requirement
    • Active Role: The EB-5 investor must be involved in the day-to-day management or policy formation of the business. This can be demonstrated by having a managerial position or being involved in the formulation of the business’s policy.
    • Limited Partnerships: In the case of a limited partnership, the investor must be involved in the management of the partnership as per the Uniform Limited Partnership Act.
  5. Targeted Employment Area (TEA) Designation
    • Rural Area: An area not within a metropolitan statistical area (MSA) or the outer boundary of any city or town having a population of 20,000 or more.
    • High Unemployment Area: An area that has experienced an unemployment rate of at least 150% of the national average rate.
  6. Source of Funds Requirement
    • Lawful Source: The investor must demonstrate that the investment capital was obtained through lawful means. This includes providing evidence such as tax returns, bank statements, business records, and other financial documents.
    • Tracing Funds: The funds must be traced to their origin to ensure they were obtained lawfully. This includes providing documentation on the path of the funds from the source to the investment.
  7. Filing and Adjudication Process
    • Form I-526: The immigrant investor must file Form I-526, Immigrant Petition by Alien Investor, with USCIS to demonstrate that the investment meets all requirements.
    • Form I-829: To remove the conditions on their permanent residence, the investor must file Form I-829, Petition by Entrepreneur to Remove Conditions, within 90 days before the second anniversary of their admission to the U.S. as a conditional permanent resident.
  8. Regional Center Program
    • Regional Centers: Investors may choose to invest in regional centers, which are designated by USCIS to promote economic growth. These centers pool investments from multiple investors for projects that can create indirect jobs in addition to direct jobs.
    • Indirect Job Creation: Investments made through regional centers can count indirect jobs created by the investment, which can be beneficial in meeting the job creation requirement.

By meeting these detailed requirements, investors can successfully navigate the EB-5 Visa process and contribute to economic development and job creation in the United States. At the Immigration Legal Center, our experienced investor visa attorney is here to guide you through each step of this complex process, ensuring that your application meets all necessary criteria.

Investor getting an EB5 Investor Visa for the US

THE ILC’s EB-5 INVESTOR VISA SERVICES

At Immigration Legal Center, we provide comprehensive and personalized legal services to guide you through every step of the EB-5 Visa process. Our experienced investor visa attorney is dedicated to ensuring that your application is handled with the utmost care and attention to detail. Below is an overview of the services we offer:

Initial Consultation

  • Eligibility Assessment: We evaluate your background and investment plans to determine your eligibility for the EB-5 Visa program.
  • Investment Options: We help you understand the different types of investment opportunities available, including direct investments and regional center projects.

Document Preparation

  • Comprehensive Documentation: We assist in gathering, preparing, and organizing all necessary documents required for the EB-5 Visa application.
  • Source of Funds Verification: We help compile and present evidence to demonstrate that your investment funds were obtained lawfully.
  • Petition Filing: Our attorneys prepare and file Form I-526, Immigrant Petition by Alien Investor.

Business Plan Development

  • Detailed Business Plan: We develop a comprehensive business plan that meets USCIS standards, detailing job creation and economic impact.

Compliance Monitoring

  • Ongoing Support: We offer continuous support to monitor your investment and ensure ongoing compliance with EB-5 program requirements.

Adjustment of Status

  • Conditional Residency Application: We assist in applying for conditional permanent residency through Form I-485 or consular processing.
  • Removal of Conditions: We help prepare and file Form I-829 to obtain permanent residency.

At Immigration Legal Center, our commitment to excellence and personalized service ensures that you have a trusted partner throughout the EB-5 Visa process. Contact our investor visa attorney today to schedule a consultation and take the first step toward your American Dream.

Gathering Required Documentation

To successfully apply for an EB-5 Visa, you must provide a comprehensive set of documents that demonstrate your eligibility and compliance with the program’s requirements. Our investment visa attorney will help you put together all of this, but below is a detailed list of the documents typically required for the EB-5 Visa application process:

1

Personal Documents

  • Valid Passport: A copy of the biographic page of your valid passport.
  • Birth Certificates: Certified copies of birth certificates for the investor and each dependent family member (spouse and unmarried children under 21).
  • Marriage Certificate: If applicable, a certified copy of the marriage certificate.
  • Divorce Decrees: If applicable, certified copies of divorce decrees for the investor and/or spouse.
  • Police Clearance Certificates: Police clearance certificates from each country where the investor and each family member have lived for six months or more since turning 16.
2

Investment Documents

  • Proof of Investment: Evidence of the capital invested in the new commercial enterprise, such as:
    • Bank statements showing the transfer of funds.
    • Escrow agreements (if applicable).
    • Promissory notes or loan agreements (if applicable).
  • Source of Funds: Documentation demonstrating that the invested funds were obtained through lawful means, which may include:
    • Personal tax returns for the past 5 years.
    • Business tax returns (if applicable).
    • Bank statements.
    • Employment records.
    • Sale of property documents.
    • Inheritance documents (if applicable).

3

Business Documents

  • Business Plan: A detailed business plan that meets USCIS standards, including job creation projections and economic impact analysis.
  • Organizational Documents: Articles of incorporation, partnership agreements, or other organizational documents for the new commercial enterprise.
  • Operating Agreement: An operating agreement or other relevant documents that outline the management and operational structure of the business.
  • Job Creation Evidence: Documentation demonstrating that the investment will create or preserve at least 10 full-time jobs for U.S. workers, such as:
    • Payroll records.
    • Employment agreements.
    • Economic impact reports (especially for investments in regional centers).
4

Legal Documents

  • Form I-526, Immigrant Petition by Alien Investor: Completed and signed Form I-526 with all required supporting documents.
  • Form I-485, Application to Register Permanent Residence or Adjust Status: If adjusting status within the U.S., include Form I-485 with supporting documents.
  • Consular Processing Documents: If applying from abroad, include required documents for consular processing after the I-526 petition is approved.
5

Miscellaneous Documents

  • Affidavits: Affidavits from the investor or others providing additional context or evidence for the source of funds or other critical aspects of the application.
  • Photographs: Passport-sized photographs of the investor and each family member.
  • Fee Payment Receipts: Proof of payment for all required filing fees and processing fees.
6

Regional Center Documents (if applicable)

Regional Center Documentation: If investing through a regional center, provide documentation from the regional center, including:

  • Regional center designation letter from USCIS.
  • Project documentation, including business plans and job creation estimates.
  • Investment agreements and subscription agreements.
7

Conditional Residency and Removal of Conditions

  • Form I-829, Petition by Entrepreneur to Remove Conditions: Completed and signed Form I-829 with supporting documents, filed within 90 days before the second anniversary of obtaining conditional residency.
  • Evidence of Job Creation: Updated documentation showing that the investment has met the job creation requirements, such as updated payroll records and employment documentation.

Providing these documents accurately and comprehensively is crucial for the success of your EB-5 Visa application. At Immigration Legal Center, our experienced investor visa attorneys can help you gather, prepare, and organize these documents to ensure your application is complete and meets all USCIS requirements. Contact us today for expert guidance through the EB-5 Visa process.

CONTACT US TODAY!

Ready to start your journey with the EB-5 Investor Visa? Contact the Immigration Legal Center today to schedule a consultation with an experienced investor visa attorney. Our dedicated team is here to provide expert guidance and personalized support throughout the entire EB-5 Visa process. Whether you have questions about eligibility, need help with document preparation, or require ongoing compliance monitoring, we are here to assist you every step of the way.

    - IMPORTANT: WE ARE NOT AN EMPLOYMENT/JOB AGENCY -
    We do not provide assistance in securing employment or jobs in the U.S. The Immigration Legal Center is a comprehensive law firm dedicated to helping clients achieve their U.S. immigration objectives. For those interested in obtaining legal representation, please fill out the following form and we will get back to you within 1-2 business hours. Your future in the U.S. starts now!