Secure Your EB-5 Visa: Expert Investor Green Card Help

Employment-Based Immigrant Visas Fifth Preference

On March 15, 2022, President Biden signed the spending bill into law, which included the provision of an employment-based fifth preference (EB-5) immigrant investor program that increases the minimum investment requirement. The EB-5 visa program, a key route for the investment visa USA and US investor visa was established by the Immigration Act of 1990 to stimulate the U.S. economy by encouraging foreign entrepreneurs to invest in American enterprises, thereby offering them a pathway to permanently stay and work in the U.S.

Investors may achieve permanent residency through this program by investing at least $1,050,000 in a commercial enterprise that generates a minimum of ten full-time job positions for domestic workers. This investment strategy aligns with the EB-5 category and meets the EB-5 visa requirements.

Having provided counsel in the EB-5 area for years, our clients benefit from our deep insights gained from decades of experience and success in the EB-5 program. To schedule an initial confidential consultation in our Portland, Oregon, Los Angeles, California, or Seattle, Washington offices regarding the EB-5 investor visa or EB5 green card, call us at (503) 427-8243, or you can schedule a consultation here.

EB-5 Investor Green Card Requirements and Eligibility

If you invest $1,050,000 (or $800,000 in targeted employment areas) into a U.S. commercial enterprise, intending to create or preserve at least ten permanent full-time jobs for qualified U.S. workers, you may be eligible to receive a green card as an EB-5 investor. This program, initiated by Congress in 1990, aims to boost the U.S. economy through job creation and capital investment by foreign investors. Your investment must contribute to a “new commercial enterprise,” a business established after November 29, 1990. For enterprises existing on or before this date, the investment must either lead to significant restructuring or expansion, increasing net worth, or employee count by at least 40%. The EB-5 visa program allocates approximately 10,000 visas each fiscal year for immigrant investors, including their spouses and unmarried children under the age of 21, highlighting a critical path within USA investment visa options.

Investing in a Regional Center

USCIS designates certain regional centres for participation in the immigrant investor program. An EB-5 regional centre is a public or private economic unit in the United States involved in promoting economic growth, key for those interested in the investment visa USA or US investor visa. The regional centre program’s goal is to stimulate economic growth in a specific geographic area. It provides immigrant investors with already-defined investment opportunities, thereby reducing their responsibility to identify acceptable investment vehicles. A regional centre can be associated with one or more new commercial enterprises. Currently, hundreds of regional centres throughout the U.S. are approved by USCIS. However, USCIS approval of an EB-5 regional centre does not imply its endorsement of the activities of that regional centre, guarantee compliance with U.S. securities laws, or minimize or eliminate risk to the investor. Investors must conduct their due diligence and seek professional advice as necessary when making any EB5 investment decisions.

What is Meant by Commercial Enterprises in Immigration Law?

The foundation of an EB-5 visa is the planning for or existence of a commercial enterprise. It is essential to understand exactly what the immigration services (USCIS) and United States Citizenship consider a “commercial enterprise.”

A commercial enterprise includes any for-profit activity that has been created for the ongoing conduct of a lawful business, including but not limited to:

• Partnerships
• Corporations
• Business trusts
• Sole proprietorships
• Joint ventures
• Publicly or privately owned entities

EB-5 Green Card Processing

The EB-5 visa application entails a multi-step process. After filing Form I-526, Immigrant Petition for Alien Investor, if you are within the U.S., you can file Form I-485 at the same time for status adjustment. If you are not in the U.S., you will need to undergo consular processing. This involves visiting a designated U.S. consulate in the country where you reside to complete a DS-260 online immigrant visa application. Additionally, you must participate in a one-on-one interview with a visa officer. Questions during this interview will cover your background, investment, and plans in the U.S., aiming to verify the legitimacy of your application.

What Happens If My EB-5 Application Is Rejected?

Facing a rejection of your EB-5 petition can be disheartening, especially for investors navigating the EB-5 visa process independently. Should this happen, you’re not without options.

Discovering new evidence or documents post-decision could enable you to file a motion to reopen your case within the EB-5 program framework. Alternatively, challenging the visa reviewing officer’s decision through a motion requires a solid legal basis, ideally under the guidance of an experienced immigration lawyer familiar with EB-5 visa requirements.

Appealing to the Administrative Appeals Office (AAO) offers another route, though it’s worth noting that as part of USCIS, the AAO infrequently overturns its officers’ decisions. This step underscores the importance of due diligence and expert advice in navigating the EB-5 investment landscape.

Advantages of the EB-5 Category

The EB-5 visa category stands out with several unique advantages for foreign investors seeking permanent residency through investment in the USA:

• It eliminates the need for a permanent job offer in the U.S., a requirement in other employment-based visas.
• EB-5 investors are not required to demonstrate extraordinary ability, unlike some other visa categories.
• The process bypasses the PERM labor certification, simplifying the path to obtaining an EB-5 green card.
• There’s no necessity to prove a lack of U.S. workers for the job, offering a clear advantage for investors.
• Investors can liquidate their businesses abroad while pursuing their green card through the EB-5 visa, illustrating the program’s flexibility.

Why Do I Need an EB-5 Lawyer?

When investing significant amounts, like those required for the EB-5 visa, leaving nothing to chance is paramount. At Passage Immigration Law, your EB-5 lawyer plays a crucial role in gathering documents, filing your petition, ensuring accurate payment submissions, and tackling unexpected issues, all vital steps in the EB-5 visa process.

Our immigration lawyers specialize in preparing and filing the necessary applications and supporting documents for your EB-5 application, streamlining your journey to achieving an EB-5 green card. For detailed assistance on qualifying for and obtaining an EB-5 visa, including navigating target employment areas and understanding the EB-5 visa processing time, contact us today at (503) 427-8243, or schedule your consultation here.