What is an EB5 Visa?
EB5 Visa refers to an Employment-based visa in the 5th category. The EB5 Visa is an immigrant visa which allows foreign investors to reside permanently in the U.S.. Eb5 investors are required to invest at least $800,000 in a New Commercial Enterprise (“NCE”).
If the NCE is located either in: (a) a Targeted Employment Area (TEA); or (b) an area of high unemployment the required investment is USD 800,000. If the NCE is located outside of these area then the required investment is USD1,050,000. The investment must employ at least 10 full-time U.S. workers or remain in a pool investment project which will directly result in job creation for U.S. workers.
Why do you need a competent EB-5 Visa Lawyer?
Foreign nationals who decide to relocate their family to the United States have made a significant decision involving the investment of a significant amount of money. EB5 continues to see frequent rule changes and as a common law country EB5 is subject to the interpretations of the courts. Meeting all the requirements of an EB5 Visa as laid by the United States Citizenship and Immigration Services increases your chance of getting the visa and achieving a permanent residency status.
Moreover, obtaining an EB5 Visa can be rigorous, long and complex and any mistake during your application can cost you not only money and time but also the risk of rejection. With the help of an experienced immigration lawyer, they can guide you throughout the visa application process and increase your chances of getting approved. Further, these lawyers are familiar with NCE developers and can help you locate a reliable regional center sponsor.
What are the two types of EB5 Visa?
There are two types of EB5: (a) EB5 through a Regional Center; and (b) Direct EB5 where the investment is not made through a Regional Center.
Regional Centers are private companies licensed by the US government to operate a Regional Center. Regional Centers find projects suitable for EB5 investment purposes and then Despite positive changes in 2023 Regional Centers remain largely unregulated and are not subject to frequent government oversight and review.
Who are the EB5 Professionals that can assist you?
Various professionals are available to assist you with your EB5 journey:
EB5 Lawyer
For most clients the EB5 lawyer is the single most important advisor. An Eb5 lawyer will guide you through the entire process and help make sure you have the right team of advisors on-board.
Lending/Finance Lawyer
A lending/finance lawyer will be able to review and EB5 project to ensure that the project is properly structured to protect your legal rights as an investor. Where losses in EB5 have occurred, it is usually because the project was not properly structures to protect your rights as an investor.
Independent Investment Advisor
A properly licensed and experienced independent financial advisor will be able to help you review your project from a financial perspective.
Be aware that make brokers in the EB5 industry have little training in the financial analysis needed to properly review a project. Most Eb5 brokers have the minimal licensure required to sell securities but no training in financial analysis. Ask for:
A CFA or RFA
Two or more years of training in a major bank or financial institution
ASK WETHER THE FINANCIAL INTERMEDIARY WILL BE PAID ANYTHING BY YOUR PROJECT. Truly independent advisors will not accept payments form a Regional Center or project.
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How can and EB5 Visa Lawyer Help?
An EB5 Visa lawyer is an immigration lawyer who specializes in EB5 law and has a thorough knowledge of the EB5 program. A number of EB5 lawyers have extensive experience with the entire EB5 process and will be able to guide you through each step.
EB5 immigration attorneys assist you with the entire EB5 process including:
advising you as to the entire EB5 process and identifying other professionals.
documenting your source of funds;
devising a plan for the lawful transfer of your funds;
assisting you with immigration due diligence on a related immigration project;
filing your application using for I526
obtaining your Immigrant Visa and Conditional Permanent Residency in the United States (a “Green Card”)
assisting you with a consular interview when needed
filing form I829 to convert your Conditional Green Card into a full/permanent “Green Card”
for those who wish to obtain US Citizenship.
Some EB5 law firm may also be able to assist you with the following steps:
preforming due diligence on your EB5 investment as to issues of law which impact the safety of your money
providing you advice from a tax lawyer
assisting you with the return of your capital
Once you have chosen a New Commercial Enterprise (NCE) as the subject of your investment, the immigration attorney will help you, the foreign investor, to gain permanent residence along with your dependent family members.
ign entity:- Draft a Business Plan of what business you will be conducting in the United States. The business can be very different from your native country as long as the ownership is same.;
- The employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition; and
- The intended U.S. office will support an executive or managerial position within one year of the approval of the petition. We recommend creating at least 5-7 US based Jobs