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EB-5 INVESTOR VISA

DALLAS IMMIGRATION AND VISA ATTORNEYS

EB-5 is the investment visa for foreign nationals who are willing to invest in the United States. This visa was first introduced as a result of Immigration Act of 1990. The visa allows immigrant investors to obtain permanent residency, which can be a path to the American Citizenship. The investor will obtain permanent residency upon entry to the United States as a result on EB-5, employment fifth presence visas.

 

Commonly referred as “Million Dollar Investor Visa,” does require a fixed amount of initial investment to start the process of Eb-5 visa. The amount of investment required for EB-5 Visa falls under two categories:

  • 1 MILLION DOLLARS ($1,000,000) – Required for an investment in large city or town.
  • HALF A MILLION DOLLARS ($500,000) – Required for an investment in a rural or high unemployment area.

 

Along with the investment, an individual need to create 10 jobs for U.S. workers as a result of the investment, to qualify for the visa. These 10 jobs exclude the investor and their immediate family.

 

EB-5 VISA CAPS

The total number of Green Cards for EB-5 Investor visas are limited to 10,000 a year. Out of these, 3,000 are reserved for applicants in the rural or unemployment areas. Since its first introduction, this CAP has not been reached yet.

 

DETERMINING ELIGIBILITY

If you are an investor, and wants to apply for an EB-5 Investor Visa, you must find a suitable business project to invest and determine if you have to create an entirely new commercial enterprise or become a part of a Regional Center (a 3rd party-managed investment vehicle (private or public), which assumes the responsibility of creating the requisite jobs.)

 

It is advised an applicant invest through a Regional Center, due to the low rate of risk of this way. A Regional Center is a business/investment project that focuses on a specific geographic area or business plan. The purpose of a Regional Center is to:

  • Promote Economic Growth
  • Create New Jobs
  • Increase Domestic Investment

 

All these Regional Centers, which can help an investor invest capital to get EB-5 visas, must be approved by the USCIS. Investment is a Regional Center is recommended due to the fact that investor does not need to be directly involved in the day to day business operations.

 

INVESTMENT

After that an applicant determined the way of invest, he/she must deposit $1,000,000 or $500,000 in TEA (Targeted Employment Area) into RC Escrow Account, then an applicant or an immigration attorney provides proof of this investment by filing an I-526 petition with USCIS. USCIS typically informs applicants that their I-526 petition has been accepted or not, in 12 to 18 months.

 

One of the conditions for the EB-5, is that the invested capital is obtained lawfully. The original amount that is needed for investment is $1 million dollars, but under special conditions it can be reduced to $500,000. USCIS can require an additional amount (more than $1 million) of the investment, if the investor is investing in an area which is doing great economically or has a low unemployment rate.

 

APPLYING FOR PERMANENT RESIDENT (GREEN CARD)

After approving the I-526 petition by USCIS, an applicant or his/her attorney must file the Form I-485 to adjust an applicant status to conditional permanent resident. If an applicant (investor) is not be in United States already, he/she or his/her attorney must file for an immigrant visa by submitting Form DS-230 to the National Visa Center and must process through the U.S consulate or embassy in their home country.

 

TWO-YEAR CONDITIONAL GREEN CARD

After approval of the EB-5 visa, an applicant (investor) receives a two-year conditional Green Card. During this two-year green card period, the investor is required to fulfill physical presence requirements, and cannot remain outside of U.S for more than one year without obtaining re-entry permit.

 

APPLYING FOR UNCONDITIONAL GREEN CARD

After two-year period, the investor or his/her immigration lawyer must submit I-829 petition to USCIS 90 days prior to the second anniversary of the date that the applicant first receive him/her conditional residency. If USCIS approves the I-829 petition, the investor receives a ten-year unconditional green card. After spending 5 years on this unconditional Green Card, he/she can apply for Naturalization.

 

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HIRING AN IMMIGRATION ATTORNEY FOR EB-5 VISA

EB-5 visas are considered as one of the most difficult visa processes. The amount of paperwork and proofs required by USCIS and complexities involving investments, make this a very detailed and difficult visa application. These factors make it extremely important to hire the help of an experienced immigration lawyer for helping with an investment EB-5 visa. When you hire an attorney, he or she can make sure that the process of your EB-5 visa is carried out smoothly.

 

EB-5 should not be tried by the individuals without the help of an experienced immigration lawyer. Our team of immigration lawyers in Dallas, has been representing clients for their immigration matters since 2000. Our team has represented clients for Citizenship, Green Card, Visas, Deportation, and ICE Arrest. If you or a loved one is looking for an experienced immigration lawyer for your EB-5 Investment visa, our team is available to help you. We have the experience, knowledge, and expertise to help you with your visa. Call us at 1.866.789.1664, email us at contact@dallasarealaw.com, or fill out the form on top of this page to schedule over the phone, in-person, or video consultation. We look forward to providing you quality legal services for your investment visa matter.

 

 

 

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