Access expert legal support to navigate the complexities of the EB-5 process. Our trusted immigration attorneys provide comprehensive services to ensure your application is successful from start to finish.
Why Legal Assistance is Crucial
EB-5 applicants must comply with numerous USCIS requirements, from the initial I-526 petition to the final I-829 approval for permanent residency. Even a small error can result in delays or denial. Legal expertise ensures that every document is accurate and submitted on time.
What does an EB-5 Attorney Do
An immigration attorney specializing in EB- 5 provides:
Petition Filing: Preparing and filing your initial I-526 petition with USCIS.
RFE Responses: Addressing any requests for additional evidence (RFE) that may arise during the process.
I-829 Petition: Assisting with the I-829 petition for removal of conditions on your residency.
Why Choose Our Legal Partners
We work only with trusted immigration attorneys who have a proven track record of handling successful EB-5 cases. Their expertise ensures that your petition is submitted accurately and promptly, giving you the best chance of approval.
FAQs
What is the EB-5 Immigrant Investor Program?
It’s a U.S. immigration program allowing foreign investors to obtain conditional permanent residency (Green Card) by making a qualifying investment in a new commercial enterprise that creates at least 10 U.S. jobs. Program has been law since 1990 and includes both direct and Regional Center investments.
How much do I need to invest?
• TEA projects (rural or high-unemployment areas): $800,000
• Non-TEA projects: $1,050,000
What qualifies as a Targeted Employment Area (TEA)?
A TEA is either a rural area or one with high unemployment. Investing in a TEA lowers the required investment amount. TEA designation is evaluated as part of your I‑526 submission.
Can I use a loan to fund my EB-5 investment?
Yes, loans are allowed if secured by collateral that is not the EB‑5 investment itself. You’ll also need to document the lawful source of the loan funds.
How many jobs must the investment create?
The investment must create 10 full-time U.S. jobs. In Regional Center investments, both direct and indirect jobs can count toward this requirement.
What is the EB-5 Regional Center program?
A Regional Center is an entity pre-approved by USCIS to group EB‑5 investments into projects focused on economic growth. They handle job creation modeling and reporting, making the process more passive for investors.
Will I get my investment back?
If the project succeeds and conditions are met, investors typically receive their capital back at the end of the term, as outlined in the investment agreement. However, USCIS requires the investment to remain “at risk” during the two-year conditional residency period.
How long does the EB-5 process take?
Timing varies:
• I‑526 processing depends on USCIS workload and visa availability.
• After I‑526 approval, the investor applies for a visa or adjustment of status.
• I‑829 (to remove conditions) is filed near the end of the two-year residency.
USCIS publishes average processing times online.
Can I apply for EB-5 while on another U.S. visa?
Yes, holders of H‑1B, E‑2, or other nonimmigrant visas may apply for EB‑5 and can remain in status while the I‑526 is pending. Once approved and a visa is available, they may file for adjustment of status.
What are the advantages of EB-5?
EB‑5 offers a direct route to U.S. residency without strict language or education requirements. It benefits both the U.S., through job creation, and investors, by providing permanent residency and future citizenship potential.
Do my family members qualify too?
Yes, your spouse and unmarried children under age 21 qualify for the EB‑5 visa as dependents. Parents, siblings, and other relatives do not.
What are the main costs involved besides the investment?
Additional costs include:
• USCIS filing fees (e.g. I‑526, I‑485/DS‑260, I‑829)
• Regional Center administration fees (if applicable)
• Legal, due diligence, and professional services
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