Eb 5 visa lawyer

September 1, 2022

eb 5 Visa lawyer

When something as significant as a million-dollar investment is on the line, you don’t want to leave anything to chance. Hiring an Eb 5 visa lawyer can be the difference between success and failure. Your attorney will help you gather your documents, file your petition correctly, make all the right payments, and also address any unexpected issues such as an RFE, So must hire Eb 5 Visa lawyer.

What is Eb 5 visa?

The US offers permanent residence Eb 5 visa against the minimum investment of 80,000$. Eb 5 visa is one of the most effective and fastest ways to get a Green card, which offers the freedom to live, work, study, and retire anywhere in the United States.

What advantages of visa?

  • Fast Route to US permanent residency (Green Card)
  • Relatively cost-effective compared with other similar countries
  • Creates jobs and investment in America
  • Freedom to live, work, study and retire in the United States
  • An eligible family unit can be included in a single investment
  • While capital is at risk, there is a strong chance of getting your money returned if you conduct due diligence on your investment
  • The Regional Centre program offers support with compliance
  • Possible to make and manage investments yourself.
  • Not required to submit PERM labor certification. In other words, you do not need to demonstrate that there is a shortage of domestic (US) workers to perform that job.
  • Not required to have a permanent job offer in the US.
Disadvantages of Eb 5 visa?
  • Large upfront investment. The EB-5 category requires a substantial upfront investment just to meet the eligibility criteria. Both programs require the immigrant to make a capital investment of either $500,000 or $1,000,000. This sum does not include the additional costs associated with filing (i.e., attorney fees, time investment, etc.)
  • Financial risks. Substantial investments like the ones required on EB-5 come with lofty risks and challenges as well. As an investor, that’s an inherent disadvantage but it typically goes without saying.
  • Conditional permanent resident status. When you elect for the EB-5 category you simultaneously receive conditional permanent resident status. When you receive this status, you also relinquish any prior nonimmigrant status.
Eb 5 visa cost and fees?

When it comes to the actual green card processing cost for the EB-5, the fees will depend on the route you take, as there is a difference in cost between adjustment of status and consular processing. Here is a breakdown of what you can expect to pay for each route:

Adjustment of Status:
  • 4,010$ for the I-526 form filing fee
  • 1,130$ for the I-485 adjustment of the status application form. 
  • 30$ for the biometrics fee. This may not apply to your situation, so speak with your immigration attorney to see if you need to have your biometrics taken.
Consular processing:
  • 4,010$ for the I-526 fee. This fee is required regardless of which route you take.
  • 230$ for the DS-260 online immigrant visa application. Make sure to bring a payment receipt to your consular appointment.
  • 30$ for the biometrics fee.
  • 85$ fee for an affidavit of support. This may not apply to your situation.
Frequently Asked Questions:

Q1: Job creation requirements for Eb 5 visa?

Ans: Create or preserve at least 10 full-time jobs for qualifying U.S. workers within two years (or under certain circumstances, within a reasonable time after the two years) of the immigrant investor’s admission to the United States as a Conditional Permanent Resident.

  • Direct jobs are actual identifiable jobs for qualified employees located within the commercial enterprise into which the EB5 investor has directly invested his or her capital.
  • Indirect jobs are those jobs shown to have been created collaterally or as a result of capital invested in a commercial enterprise affiliated with a regional center by an EB5 investor. A foreign investor may only use the indirect job calculation if affiliated with a regional center.

Q2: Source of funds for a visa?

Ans: EB5 applicants must be able to prove that the source of the funds used to pay for their investment come from legitimate sources.

  • Property Sales
  • Investments
  • Salaries
  • Dividends
  • Commercial Sales.

Q3: What if my visa case takes too long?

Ans: Unless your country of birth is in retrogression your I526 should approve in a reasonable period. While USCIS published average case processing times there is frequent confusion and misunderstanding as to what these numbers mean.

There are processes in place that an applicant whose case has not been processed within usual processing times can utilize to force the processing of his or her application. These include:

  • Senatorial Complaints
  • Use of the USCIS Ombudsman
  • Write of Mandamus

Q4: Can I use Premium processing for an Eb 5 visa?

Ans: No. Premium processing, or the service offered by the USCIS to shorten your petition’s processing time to 15 calendar days, is unfortunately not available for the EB-5 green card.

Q5: Can my Eb 5 visa lead us to US citizenship?

Ans: The applicant has held a conditional or “full” green card for five (5) years

  • During the five years immediately before the naturalization application was filed the applicant spent 50% of their time (i.e. 2.5 years) in the US.
  • They were not absent from the US for periods exceeding six (6) months. Absent very compelling evidence that there was no intent to abandon residency, an absence of six months will cause the 5 year residency period to re-start.
  • Absent special permission in advance of the trip from USCIS (A RE-ENTRY PERMIT IS NOT SUFFICIENT FOR THIS PURPOSE) the applicant was not outside the US for a continuous period of one year while in permanent residency status.
  • Spending more than one year outside the US will cause the five-year residency period to re-start and compelling evidence of an intention not to abandon US residency will not be considered.

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