Are you interested in learning more about EB-5 visas? Contact us today to schedule a consultation with one of our experienced attorneys. Leon Law Immigration is a leading immigration law firm that can help you with your EB-5 visa application. Our experienced attorney will work with you to:
- Choose the right investment project for your EB-5 visa application.
- Prepare and file all of the required paperwork with the USCIS.
- Represent you at all stages of the EB-5 visa application process.
We understand that the EB-5 visa process can be complex and time-consuming. That’s why we offer a comprehensive and personalized service to our clients. We will work with you every step of the way to ensure that your EB-5 visa application is successful. At Leon Law Immigration, we don’t just offer legal services; we offer partnerships, commitments, and a vision for your prosperous future in the U.S.
What is an EB-5 Visa?
An EB-5 visa is a non-immigrant visa that allows foreign investors to live and work permanently in the United States. The following are needed to qualify for an EB-5 visa.
- Investment Amount. Investors should commit a standard $1.05 million, which can be reduced to $800,000 if the investment is in a targeted employment area.
- At-Risk Investment. The capital must be genuinely at risk to ensure sincere commitment and tangible economic activity.
- Job Creation. The invested capital should generate or preserve a minimum of 10 full-time jobs for qualifying U.S. workers.
- Legitimate Source of Funds. Investors must demonstrate that their investment capital is sourced legally, be it from savings, gifts, loans, or other lawful means.
- Active Involvement. While daily management isn’t mandatory, investors should be involved in the business, either through policy formation or managerial roles.
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How to Obtain an EB5 Visa?
Navigating the EB5 path requires following structured steps.
- Choose an Investment. Decide between a direct investment or through a regional center.
- Invest the Capital. Typically, an investment of $1 million is required, reduced to $500,000 if in a targeted employment area.
- File I-526 Petition. Submit the Immigrant Petition by Alien Investor, showcasing the source of funds and the nature of the investment.
- Adjudication of I-526 Petition. Upon approval, those outside the U.S. will attend a visa interview, while those within can adjust their status.
- Conditional Permanent Residency. Successful applicants and their families get a conditional green card valid for two years.
- File I-829 Petition. Within the 90-day period immediately before the second anniversary, remove conditions by proving the investment was sustained and requisite jobs were created.
- Permanent Residency. Upon I-829 approval, conditions are removed, granting permanent residency.
Why Apply for an EB-5 Visa?
The EB5 Visa isn’t just a ticket to U.S. residency; it brings a plethora of advantages.
- Direct Pathway to Green Card. Investors, along with their immediate family (spouse and children under 21), can become U.S. permanent residents.
- dom. Once approved, recipients can reside anywhere in the U.S., be it bustling cities or serene suburbs.
- Access to U.S. Education. Children of EB5 Visa holders can attend U.S. schools and universities, often at resident tuition rates.
- Potential for Return on Investment. While the investment must be at risk, there’s potential for return depending on the success of the enterprise.
- Flexibility. Investors don’t need to manage daily operations, offering flexibility in business roles.