Investor visa attorney : Complete guidance

investor visa attorney
February 22, 2023

An investor visa attorney is a lawyer who specializes in helping clients obtain visas based on their status as investors. These visas are often known as “EB-5 visas” or “investor visas.” 

They allow foreign investors to live and work in the United States on a temporary or permanent basis, provided that they meet certain requirements and make the necessary investments.

Investor visas can be a good option for foreign entrepreneurs or business owners who want to start or invest in a business in the United States, or for individuals who want to live in the United States but do not have a job offer or other basis for obtaining a visa.

 If you are interested in obtaining an investor visa, you should consider consulting with an experienced investor visa attorney who can help you understand your options and guide you through the process.

Investor visa requirements

To qualify for an investor visa (also known as an EB-5 visa), you must meet the following requirements:

  • Make a qualifying investment: You must invest at least $1.8 million in a new commercial enterprise in the United States, or at least $900,000 in a targeted employment area (a high-unemployment or rural area).
  • Create or preserve at least 10 full-time jobs: Your investment must result in the creation of at least 10 full-time jobs for U.S. workers.
  • Demonstrate that your investment is at risk: You must show that your investment is “at risk” and not fully secured by collateral.
  • Meet certain educational and business experience requirements: You must have a high school diploma or equivalent, and you must demonstrate that you have sufficient business experience to manage the investment.
  • Pass a background check: You must undergo a background check to ensure that you are not inadmissible to the United States on criminal, national security, or other grounds.

An investor visa attorney can help you understand these requirements in more detail and advise you on how to meet them. They can also help you prepare and file the necessary paperwork, including the I-526 petition for an EB-5 visa

Investor visa attorney fees

The fees for an investor visa attorney can vary depending on the complexity of your case and the specific services you need. Some attorneys may charge an hourly rate, while others may offer a flat fee or a contingency fee (a percentage of your investment).

It is important to ask about fees upfront and get a written fee agreement to avoid any misunderstandings. You may also want to shop around and get quotes from multiple attorneys to compare costs.

Keep in mind that the cost of an investor visa attorney is just one part of the overall cost of obtaining an investor visa. You will also need to pay the government filing fees and any other costs associated with the visa process, such as the cost of translations or medical exams.

Process time of investor visa attorney:

The time it takes to obtain an investor visa (also known as an EB-5 visa) can vary depending on a number of factors, including the complexity of your case, the backlog of cases at the U.S. Citizenship and Immigration Services (USCIS), and any delays or issues that may arise during the process.

On average, it can take anywhere from several months to a year or more to obtain an investor visa. The process generally involves the following steps:

Pre-filing: This is the period before you file your visa petition. During this time, you will need to gather all of the necessary documentation, including proof of your investment and evidence that you meet the other eligibility requirements for an EB-5 visa.

Filing the petition: Once you have all of the necessary documents, you can file your I-526 petition for an EB-5 visa with the USCIS. This is the first step in the process and it can take several months for the agency to review your petition and make a decision.

Processing the visa: If your petition is approved, you will need to complete the next steps in the visa process, including obtaining a medical examination and any necessary visas for your family members.

Consular processing: If you are outside the United States, you will need to go through consular processing to obtain your visa and travel to the United States.

An investor visa attorney can help you understand the specific timeline for your case and advise you on what you can do to help the process move smoothly.

Investor visa attorney benefits 

There are several benefits to hiring an investor visa attorney when applying for an investor visa (also known as an EB-5 visa):

  • Expertise: An investor visa attorney has specialized knowledge of the investor visa process and can help you navigate the complex eligibility requirements and paperwork.
  • Efficiency: An investor visa attorney can help you gather the necessary documentation and prepare your petition in a way that increases your chances of success and minimizes delays.
  • Representation: An investor visa attorney can represent you in interactions with the U.S. Citizenship and Immigration Services (USCIS) and other government agencies, and can advocate on your behalf if any issues arise during the process.
  • Peace of mind: Hiring an investor visa attorney can give you peace of mind knowing that you have an experienced professional handling your case and working to ensure a successful outcome.
  • Cost-effectiveness: While hiring an investor visa attorney may add to the overall cost of obtaining an investor visa, it can save you time and stress in the long run and may ultimately be more cost-effective than trying to navigate the process on your own.

Drawbacks of an investor visa attorney:

There are a few potential drawbacks to hiring an investor visa attorney when applying for an investor visa (also known as an EB-5 visa):

  • Cost: Hiring an investor visa attorney can add to the overall cost of obtaining an investor visa, especially if you need extensive legal services or if your case is complex.
  • Dependence: While an investor visa attorney can help you navigate the process and advocate on your behalf, you will still need to be involved in the process and make decisions about your investment and other matters.
  • No guarantee of success: An investor visa attorney cannot guarantee that you will get an investor visa. The final decision on whether to grant an investor visa is made by the U.S. Citizenship and Immigration Services (USCIS), and it is based on whether you meet all of the eligibility requirements and provide all of the necessary documentation.
  • Limited scope of representation: An investor visa attorney can represent you in matters related to your investor visa application, but they may not be able to provide legal advice or representation on other matters, such as immigration law more broadly or business law.

Overall, the benefits of hiring an investor visa attorney may outweigh the potential drawbacks, depending on your specific situation and needs. It is important to carefully consider your options and choose an attorney who has experience and expertise in the area of investor visas.

Who can apply investor visa attorney

To qualify for an investor visa (also known as an EB-5 visa), you must be a foreign national who is interested in investing in a new commercial enterprise in the United States. You must also meet certain financial, educational, and business experience requirements, and pass a background check.

To apply for an investor visa, you will need to file an I-526 petition with the U.S. Citizenship and Immigration Services (USCIS). This petition must be accompanied by supporting documentation, including proof of your investment and evidence that you meet the other eligibility requirements.

An investor visa attorney can help you understand the eligibility requirements and gather the necessary documentation to support your petition. They can also advise you on the best strategies for increasing your chances of success and guide you through the process of applying for an investor visa.

Can I get the nationality on this visa:

It is possible to apply for U.S. citizenship (also known as naturalization) after obtaining an investor visa (also known as an EB-5 visa). To be eligible for naturalization, you must meet certain requirements, including:

  • Being at least 18 years old.
  • Having a green card (lawful permanent resident status) for at least five years (or three years if you obtained your green card through marriage to a U.S. citizen).
  • Demonstrating good moral character.
  • Having sufficient knowledge of English and U.S. history and government.
  • Having been physically present in the United States for at least half of the required period of time.
  • Having a favorable disposition toward the United States.

If you meet these requirements and are interested in applying for naturalization, you will need to file an N-400 application for naturalization with the U.S. Citizenship and Immigration Services (USCIS). An investor visa attorney can help you understand the naturalization process and advise you on the best strategies for increasing your chances of success.

Success rate of investor visa:

It is difficult to determine a specific success rate for investor visa attorneys because there are many factors that can affect the outcome of an investor visa application, including the strength of the investment, the quality of the supporting documentation, and the individual circumstances of the applicant.

That being said, an experienced investor visa attorney can increase your chances of success by helping you understand the eligibility requirements, gather the necessary documentation, prepare a strong petition, and navigate any issues that may arise during the process.

If you are considering applying for an investor visa, it is a good idea to consult with an experienced investor visa attorney who can advise you on the best strategies for increasing your chances of success and guide you through the process.

Conclusion:

In conclusion, an investor visa (also known as an EB-5 visa) is a type of visa that allows foreign investors to live and work in the United States on a temporary or permanent basis. To qualify for an investor visa, you must make a qualifying investment in a new commercial enterprise in the United States and demonstrate that your investment will create or preserve at least 10 full-time jobs for U.S. workers.

An investor visa attorney is a lawyer who specializes in helping clients obtain investor visas. They can help you understand the eligibility requirements for an investor visa, gather the necessary documentation, prepare and file the visa petition, and navigate any issues that may arise during the process.

Hiring an investor visa attorney can be beneficial because they have specialized knowledge of the investor visa process and can help you increase your chances of success. However, there are also potential drawbacks to hiring an attorney, including cost and the inability to guarantee a favorable outcome.

Ultimately, whether or not to hire an investor visa attorney is a personal decision that will depend on your specific situation and needs. If you are considering applying for an investor visa, it is a good idea to carefully weigh the pros and cons and consult with an experienced investor visa attorney to determine the best course of action.

Faqs for investor visa attorney

Q1:What is an investor visa?

Ans: An investor visa (also known as an EB-5 visa) is a type of visa that allows foreign investors to live and work in the United States on a temporary or permanent basis. To qualify for an investor visa, you must invest at least $1.8 million in a new commercial enterprise in the United States, or at least $900,000 in a targeted employment area (a high-unemployment or rural area).

Q2:What is an investor visa attorney?

Ans: An investor visa attorney is a lawyer who specializes in helping clients obtain investor visas. They can help you understand the eligibility requirements for an investor visa, gather the necessary documentation, prepare and file the visa petition, and navigate any issues that may arise during the process.

Q3:How much does it cost to hire an investor visa attorney?

Ans: The cost of hiring an investor visa attorney can vary depending on the complexity of your case and the specific services you need. Some attorneys may charge an hourly rate, while others may offer a flat fee or a contingency fee (a percentage of your investment). It is important to ask about fees upfront and get a written fee agreement to avoid any misunderstandings.

Q4: How long does it take to obtain an investor visa?

Ans: The time it takes to obtain an investor visa can vary depending on a number of factors, including the complexity of your case, the backlog of cases at the U.S. Citizenship and Immigration Services (USCIS), and any delays or issues that may arise during the process. On average, it can take anywhere from several months to a year or more to obtain an investor visa.

Q5: Can an investor visa attorney guarantee that I will get an investor visa?

Ans: No, an investor visa attorney cannot guarantee that you will get an investor visa. The final decision on whether to grant an investor visa is made by the U.S. Citizenship and Immigration Services (USCIS), and it is based on whether you meet all of the eligibility requirements and provide all of the necessary documentation. An investor visa attorney can help you understand the requirements and increase your chances of success, but they cannot guarantee a favorable outcome.

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