Apply for your EB-5 Visa with an Experienced Immigration Attorney on your team.
The EB-5 Visa Program, created in the 1990 Immigration and Nationality Act, 8 U.S.C. 1153(b)(5), allows certain individuals to seek permanent resident status in the United States based on their investment in commercial business enterprises. To qualify to become a permanent resident under EB-5, the individual investor must meet strict Federal requirements. After 5 years, the individual, his spouse, and children under the age of 21 may apply for United States citizenship. The minimum investment amount needed for an EB-5 Visa is 500,000.00 and the money must be used to help create jobs in an area where the unemployment rate has been 150%.
Immigration attorneys specialize in helping individuals achieve permanent resident status and US citizenship. Because of their extensive knowledge of US immigration law, these attorneys are an ideal source of help to individuals seeking permanent resident status through the EB-5 Visa Program. Your EB-5 attorney can help you prepare your EB-5 application, compile appropriate supporting documentation and explain to you the steps you must follow to successfully get your Visa. Under the statute, an EB-5 Visa applicant must prove that his investment will help the US economy, directly or indirectly create 10 or more new jobs, and that the investment money came from a legal source.
Immigration attorneys can also aide you in determining which kinds of commercial enterprises and investments qualify for EB-5 status. Although some companies may claim to be EB-5 enterprises, your EB-5 attorney will be able to tell you if the company actually meets the Federal guidelines.
Choosing the right EB-5 attorney to help with your EB-5 Visa application is absolutely crucial. A competent and diligent attorney will help navigate the legal technicalities of the process. You will be investing a large amount of money into a US company and seeking permanent resident status so it is imperative that you hire an attorney who is detail oriented and trustworthy. Be sure to have questions prepared beforehand and ask about a lawyer’s experience with the appeals process. Ask about specific documents you need to acquire or copy to prove the amount of your investment and that the money was obtained legally. You may need your lawyer’s assistance in procuring past years tax returns as the EB-5 Visa Program requires that you submit tax returns for the past 5 years. The EB-5 Visa Program gives investor a conditional Visa and two years after the Visa is issued the investor is required to show proof that the investment has been maintained, the employment criteria have been met, and the investor has maintained legal US residence. Be sure to choose an attorney with whom you can form a long term relationship. The consequences for missing the 2 year update deadline may be dire.
Receiving a conditional Visa, also referred to as a green card, has several benefits for the investor. The EB-5 Visa entitles the investor to the same rights and privileges as an unconditional Visa. Investors who obtain this Visa may also obtain a Visa for their spouse and children under the age of 21. Permanent Resident status entitles an investor to live and work anywhere in the US and to own property. An investor may also apply for US citizenship after 5 years. Your children may attend schools, colleges, and universities at the same cost as US residents. Investor may also work and travel in other countries as long as they maintain their legal US residence.