Relocating permanently to the United States with your family through the EB-5 Immigrant Investor Program (EB-5 Program) is not a decision that should be made lightly—and it doesn’t come without some risks.
An experienced EB-5 visa attorney is essential to a foreign investor’s successful EB-5 application. The process can take many years and often involves several complex requirements and a few important but sometimes confusing applications.
An EB-5 immigration attorney can help ensure the necessary requirements are met and the paperwork is submitted in a timely manner, helping to avoid potential missteps that may set your application back months or even years.
This article will cover the role of an EB-5 immigration attorney, how to find the right EB-5 attorney for you, and what you can expect from them. If you are immigrating to the United States or seeking permanent residence and your Green Card, this article will be very useful.
What Is the Role of an EB-5 Attorney?
Why Do You Need an Experienced EB-5 Immigration Attorney?
How Do You Know If an Attorney Has Experience with the EB-5 Program?
What Are the Steps Needed to Hire an EB-5 Immigration Attorney?
Find the Right EB-5 Immigration Attorney for Your Unique Case
What Is the Role of an EB-5 Attorney?
An experienced EB-5 attorney is an expert in immigration law. They have a thorough knowledge of the intricacies of the EB-5 program. This includes the first step of filing Form I-526E, Immigration Petition by Regional Center Investor, to the last step of filing I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.
Once a foreign investor has chosen a qualifying new commercial enterprise (NCE) to invest in, an experienced EB5 attorney will play a crucial role in obtaining permanent resident status for the investor and their family.
The EB-5 Immigrant Investor Program (EB-5 Program) was established by Congress in 1990 to promote economic growth in the United States through foreign investment that creates jobs for American workers. In return for their capital, the immigrant investor obtains permanent resident status for themselves and their dependents.
The EB-5 Program requires the immigrant investor to invest a minimum amount in an NCE. If the NCE is doing business in a rural or high unemployment targeted employment area (TEA), the minimum investment amount is $800,000. If located outside a TEA, the minimum is $1,050,000. The investment must create and sustain at least ten full-time positions for U.S. workers for a minimum of two years.
Most EB-5 investors choose NCEs sponsored by a regional center. Regional center sponsorship allows investors to use more flexible methods to calculate their job creation.
A Regional Center is an organization that has been approved by U.S. Citizenship and Immigration Services (USCIS) and is involved in promoting economic growth, job creation, and capital investment within a specific area.
The EB-5 process can be confusing, and it requires several applications/petitions to be filed. An experienced EB-5 attorney will act on an investor’s behalf by:
- Providing advice on all aspects of the EB-5 process.
- Ensuring that the investor’s petitions are correctly completed and filed, and that documentation complies with USCIS regulations.
- Coordinating submission of petitions to USCIS.
- Liaising with USCIS and relevant government agencies.
- Assisting with the preparation of a foreign investor’s source of funding documentation which is an integral part of the EB-5 visa approval process.
- Keeping abreast of the progress of the investor’s NCE and liaising with the regional center.
- Dealing with any issues that arise during the process.
Having worked with immigration attorneys who had filed EB-2s for my wife and friends, I realized that I needed to go with a smaller firm that could dedicate its time to me and guide me through the process.
Read more about Ram’s experience here.
Why Do You Need an Experienced EB-5 Immigration Attorney?
An immigrant’s decision to permanently relocate their family to the United States is a significant one. So successfully meeting all the requirements laid down by USCIS will give an immigrant the best chance of achieving permanent residency status and enjoying the freedoms and benefits that come with living in the United States.
The EB-5 process can be lengthy and complex; mistakes can cost time and money and even lead to the rejection of an application.
An experienced EB-5 immigration attorney will have an in-depth knowledge of immigration law and will be able to successfully guide prospective immigrants through the process. They will also be familiar with EB-5’s new commercial enterprise developers and help them to locate a reliable regional center sponsor.
Looking for a Rural TEA Project and EB-5 partner you can rely on?
Learn more about the Twin Lakes EB-5 Project HERE!