New York EB-5 Investor Visa Attorneys
Put 20+ Years of Experience in Our Corner
The United States’ robust and multifaceted economy makes it a top choice for many investors. Entrepreneurs from around the world seek to invest, live, and work in the United States permanently. The EB-5 investor visa confers lawful permanent residency in exchange for an investment that stands to create jobs for U.S. workers.
Our New York investor visa lawyers at J&K Law can help you secure your green card through the EB-5 program. This will involve making a qualifying investment in a job-creating U.S. enterprise, including United States Citizenship and Immigration Services (USCIS)-approved regional centers.
Contact Our EB-5 Lawyers
Our team has over 20 years of combined legal experience and has a complete understanding of the EB-5 program’s complexities. We can leverage our knowledge and resources to help you procure your investor visa as efficiently as possible.
Contact us online or call (212) 390-1024 to explore how your investment can help you secure lawful permanent residency in the United States. Our EB-5 attorneys offer our legal services in English, Spanish, Hindi, Cantonese, and Urdu.
Who Can Qualify for Residency Through the EB-5 Program?
Entrepreneurs can procure green cards if they make a qualifying investment in a U.S. commercial enterprise. Spouses and unmarried children under the age of 21 of immigrant investors can also secure green cards through the EB-5 program.
What Are the Requirements for an EB-5 Visa?
Investors will be required to submit extensive financial documentation and take an active role in managing the enterprise they have invested in.
To qualify for the EB-5 immigrant investor visa, you must:
- The minimum investment required for an Eb-5 Visa is at least $1.8 million ($1,800,000) in a U.S. company or invest at least $900,000 in a “targeted employment area” (TEA). A major obstacle to qualifying for the EB-5 visa is the sizable investment requirement. A minimum of $1.8 million will need to be invested in a for-profit U.S. enterprise. Alternatively, only a minimum of $900,000 must be invested in a TEA, which is a USCIS-approved rural area or an area with high unemployment.
- Establish that your investment is in service of a new or existing business. Your investment must be used to support a for-profit business created after November 29, 1990 or leveraged to create a new business of your own.
- Demonstrate that the investment will create at least 10 full-time jobs for U.S. workers or protect at least 10 full-time jobs in a TEA. You will need to convince USCIS that your investment must ultimately create a minimum of 10 full-time positions for United States workers. When a TEA is involved, the investment must only preserve at least 10 existing jobs.
- Show that the entirety of the investment funds is “at risk.” You need to convince USCIS that you have skin in the game by proving you stand to lose the entirety of the capital you put into a U.S. enterprise.
- Prove that your investment funds are legitimate. You will need to establish that your investment funds came from a lawful source.
- Take an active role in managing your investment. You cannot merely funnel funds into an enterprise and let someone else oversee your investment. You will be required to actively participate in leading the new or existing business you invest in.
- Maintain Your Investment. EB-5 investors must maintain an investment in their business for a minimum 2 years. The two year period will begin on the date that permanent residency is granted.
Types of Qualifying Investments for EB-5
There are two investment options for anyone seeking an EB-5 visa:
- Regional Center Investment - A government pre-approved Regional Center investment is a more hands-off option for the EB-5 program. Anyone applying for an EB-5 visa will simply make the investment and the Regional Center will either directly or indirectly create the required 10 U.S. jobs.
- Direct Investment - If you are an entrepreneur or have a specific business idea in mind, you can directly invest the necessary funds to qualify for an investor visa, as long as it creates 10 U.S. jobs.
How long does it take to obtain an EB-5 visa?
The time it takes to obtain an EB-5 visa is typically 18-36 months and can be longer depending on your circumstances. Typically, it will depend on several factors:
- 1-526 Petition: 12-18 months depending on the amount of petitions being processed and any issues with your 1-526 petition.
- Processing of the Adjustment of Status: If EB-5 investors already in the U.S. they can apply for an adjustment of status or an immigrant visa at a U.S. embassy or consulate if they are abroad. Generally, an adjustment of status is shorter than consular processing.
- Waiting Period: There is annual cap of 10,000 visas for the EB-5 Program so there may be a waiting period for visa visibility.
Contact us online or call (212) 390-1024 to explore how your investment can help you secure lawful permanent residency in the United States. We offer our legal services in English, Spanish, Hindi, Cantonese, and Urdu.
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