An EB-5 immigration lawyer can review your circumstances and advise whether you may qualify for a visa under this program. Eventually, you can qualify for the right to live and work in the United States. Hayoon Kane Law Firm, PLLC, can work with you at every phase of the EB-5 application process.
What Are the Requirements for an EB-5 Visa?
Your EB-5 visa depends on the investment that you make in the United States. The prerequisite is that you are committing money to invest in the United States. It does not mean that you can receive a visa when you invest in the United States stock market. You can seek a visa when your investment is in a certain venture:
- If you are investing in a targeted employment area (which is an area with high unemployment, either due to its location or its economics), the minimum required investment is $800,000
- If you are investing outside of a targeted employment area, the minimum investment is $1.05 million
The investment requirements are not just about outright numbers. Your investment must also create at least ten jobs for United States workers, and these jobs must be sustained for the two years that you hold the visa.
You must also prove that the funds that you are investing were lawfully acquired. In other words, you will need to show where you got the money.
Documentation to Include with an EB-5 Visa Application
You must include a fair amount of documentation with your EB-5 visa petition. First, you will file the Form I-516, which is the petition for the EB-5. This petition will be accompanied by some of the following:
- Personal financial statements and bank account records
- Tax returns and proof of the income that you have earned
- The investment agreement for your venture and capital contribution
- A business plan for the venture that you are investing in
- Personal documents, such as a birth certificate and your passport
An EB-5 visa lawyer can help you compile your petition, and they will advise you on which documentation you need to include.
How Long Does it Take to Get My EB-5 Immigrant Visa?
The EB-5 visa application process is one of the lengthier types of immigration proceedings in front of USCIS. Generally, you will not have your EB-5 visa less than two years after you have applied for it. More typically, it can take up to five years for you to get approval from USCIS.
From your standpoint, you should not do anything that might lengthen the process. USCIS may send your application back or deny it entirely if there is missing documentation or concerns about your petition. Although hiring an EB-5 immigration lawyer does not guarantee success in your application process, and it may not necessarily speed the process up, it can reduce the chances that you make a mistake that can slow down or jeopardize your approval.
Why Does USCIS Deny an EB-5 Investor Visa?
USCIS may deny an EB-5 visa petition for reasons both having to do with you and the project in which you are proposing to invest. Not only do you need to meet EB-5 visa requirements personally, but you also must show that you are investing a minimum amount in a project that will create jobs. Reasons for denial of an EB-5 visa petition include:
- You are unable to prove that you lawfully secured the funds that you are planning to invest.
- The investment project will not satisfy the criteria by creating the required number of jobs.
- There are concerns about you personally, such as a criminal record or a possible national security threat that will keep you from qualifying for a visa.
- You have a prior history of immigration law violations.
You can expect USCIS scrutiny of the actual business plan that you are including as part of your application. They may reject the petition if the business plan seems to be unrealistic.
Recently, the denial rate for EB-5 petitions has been hovering around 30 percent. You can appeal a denial of your EB-5 immigration petition. You can file a request for reconsideration, or you may challenge the denial with the USCIS Administrative Appeals Office.
How an EB-5 Immigration Lawyer Can Help You
Given the extended duration and the complexity of your application, you should hire an experienced EB-5 immigration attorney to represent you throughout the process. When you hire an EB-5 attorney, they can do the following to help you:
- Advise you of the law and the current way that USCIS is interpreting it
- Help you compile the documentation you need to include with your immigration petition
- Communicate with USCIS on your behalf, helping you address any Requests for Evidence
- Represent you in any appeals of the denial of your EB-5 investor visa
Hiring an EB-5 lawyer is an investment in the ultimate success of your petition.
What Happens After I Get My EB-5 Immigration Visa?
An EB-5 immigration visa is your gateway to entry into the United States. Once you hold an EB-5 visa, you will eventually have a pathway to citizenship. First, you can apply for lawful permanent residency, which will also allow you to work. You will apply for your green card through a petition for an adjustment of your status.
Your EB-5 visa will last for two years. You can apply for your green card within ninety days before that period expires (you are not allowed to apply before then). You will still be allowed to remain in the United States while your green card application is pending. After five years of holding a green card, you can apply for United States citizenship.
Contact an EB-5 Attorney Today
Hayoon Kane Law Firm, PLLC helps clients with all of their immigration issues, and we can represent you if you are seeking an EB-5 investor visa. You can schedule a free case review through our website or by calling us today at (702) 463-7630. Our office is located in Las Vegas, NV, and we maintain a 50-state practice, working with clients across the country.
