EB-5 Green Card Lawyer
The EB-5 green card program offers a straightforward path (and sometimes even the fastest) to permanent residency for those who can make a qualifying investment.
Unlike other employment-based green cards, EB-5 requires no employer sponsorship, job offer, or labor certification – making it a flexible option for investors who meet the capital requirements.
If you’re ready to make a substantial investment in a U.S. business and create jobs for American workers, our EB-5 green card lawyers are here to help.
What is the EB-5 Green Card Program?
The EB-5 program, also known as the Immigrant Investor Program, is a permanent residence category that offers a green card to foreign investors who make a substantial investment in a U.S. business and create jobs. The program aims to stimulate the U.S. economy through job creation and capital investment by foreign investors.
To qualify for an EB-5 green card, an investor must:
- Invest at least $1.05 million in a new commercial enterprise in the U.S., or $800,000 if the investment is in a rural or high-unemployment area or in certain infrastructure projects.
- Create or preserve at least 10 full-time jobs for U.S. workers within two years of the investor’s admission to the U.S. as a conditional permanent resident.
Benefits of an EB-5 Green Card
Obtaining an EB-5 green card offers several significant benefits, including:
- Green card for the investor and their family: The EB-5 green card provides a path to permanent residency (green card) for the investor, their spouse, and unmarried children under 21.
- No sponsorship requirement: Unlike many other employment-based visas, the EB-5 category does not require a job offer or a sponsor.
- No minimum education or experience: The EB-5 green card does not have any minimum education or work experience requirements for the investor.
- Freedom to live and work anywhere in the U.S.: As green card holders, EB-5 investors have the freedom to live, work, and study anywhere in the United States.
- Path to U.S. citizenship: After five years of permanent residency, EB-5 green card holders are generally eligible to apply for U.S. citizenship.
Two Types of EB-5 Investment Programs
The EB-5 program offers two investment pathways, each with its own requirements, advantages, and potential challenges. Understanding these differences is important for selecting the option that best aligns with your goals and circumstances.
Regional Center Investment
Regional centers are USCIS-approved organizations that sponsor and manage EB-5 investment projects, typically pooling funds from multiple investors for large-scale developments. This pathway often appeals to passive investors seeking a more hands-off approach.
Key Features:
- Investment pooled with other EB-5 investors through an approved regional center
- Professional management handles project operations
- Regional center is responsible for documenting job creation and can count indirect and induced jobs toward this requirement
- Typically involves real estate or infrastructure development
- Most projects located in Targeted Employment Areas (TEAs)
Advantages:
- Often lower risk through established project structures
- Easier to meet job creation requirements through indirect jobs
- No day-to-day management responsibility
- Professional oversight of investment
- Often lower investment threshold in TEAs
Potential Challenges:
- Less control over investment and its management
- Dependent on the regional center’s continued certification
- Project success tied to larger development
- May have longer capital lock-up periods
Direct EB-5 Investment
Direct investment involves directly investing in a new or existing business without going through a regional center. This option is ideal for entrepreneurs who want full control over their investment and want to actively participate in the business.
Key Features:
- Direct investment in a new commercial enterprise
- Investor involved in leading or overseeing business operations
- Must document 10 full-time W-2 jobs created by the EB-5 business itself
- Can be any type of legitimate business
- Requires active management involvement
Advantages:
- Direct oversight of investment
- No reliance on regional center certification
- More flexibility in business structure
Potential Challenges:
- Higher burden of proof for direct job creation
- More hands-on participation required
- Greater responsibility for business success
- More complex documentation requirements
The EB-5 Green Card Application Process
The EB-5 green card application process involves several steps:
- Select an investment project: Choose a qualifying EB-5 investment project that meets your investment goals and risk tolerance.
- Make the investment: Transfer the required investment amount into an escrow account for the selected project.
- Document lawful source of funds and file Form I-526: With the help of your EB-5 lawyer, document the lawful source of your investment capital and file Form I-526, Immigrant Petition by Alien Investor, with USCIS.
- Wait for I-526 approval: USCIS will review your petition. This can take months or years, depending on the type of EB-5 investment.
- Apply for conditional permanent residency: If you are in the United States, you may be eligible to apply for permanent residence through adjustment of status concurrently with your I-526 petition or after it is approved. If you are outside the United States, USCIS will forward your approved I-526 petition to the Department of State to apply for a green card at a U.S. embassy or consulate abroad.
- File Form I-829: 21 to 24 months after you receive your initial green card as a conditional permanent resident, you must file Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status, to demonstrate that you have fulfilled the EB-5 green card requirements and to remove the conditions on your Green Card.
- Receive your permanent green card: After USCIS approves your I-829 petition, you will become a permanent resident and receive a green card valid in 10-year increments.
Our seasoned EB-5 green card lawyers will guide you through each step of the process, ensuring that your investment and immigration goals are met.
How Our EB-5 Green Card Lawyers Can Help
At De Wit Immigration Law in Miami, we provide comprehensive EB-5 green card services designed to make your investment immigration journey as smooth as possible.
Our attorneys will rigorously prepare and file your I-526 and I-829 petitions, ensuring that all requirements are met and that your petitions are well-documented and persuasive.
Why Choose De Wit Immigration Law
When you choose De Wit Immigration Law for your EB-5 green card needs, you can expect:
- Experience: Our attorneys are experienced in EB-5 green card matters and stay up-to-date on the latest changes in regulations and policies.
- Personalized service: We take the time to understand your unique investment and immigration goals, tailoring our approach to meet your needs.
- Comprehensive support: From petition filing and beyond, we provide comprehensive support throughout your EB-5 green card journey.
- Commitment to your success: We’re passionate about helping our clients establish firm roots and achieve their dreams in the United States and will work tirelessly to help you secure your EB-5 green card and permanent residency.
If you’re considering applying for a green card through EB-5 investment, don’t navigate the complex investment immigration process alone.
Contact De Wit Immigration Law today to schedule a consultation with one of our experienced EB-5 green card lawyers. We’re here to help you invest in your future and achieve your American dream.
Start Your Path to Permanent Residency with De Wit Immigration Law
If you’re ready to pursue your American dream through the EB-5 green card program, De Wit Immigration Law is here to help. With our experience, personalized approach, and commitment to your success, you can trust us to guide you through the complex world of immigrant investor visas with clarity and confidence.
Don’t let the challenges of the EB-5 process stand between you and your goals. Contact us today to schedule a consultation with one of our skilled EB-5 green card lawyers and take the first step towards a brighter future for you and your family.
Frequently Asked Questions
The processing time for an EB-5 green card can vary significantly. At this time, USCIS generally is processing petitions in regional center EB-5 projects faster than direct-investment EB-5 projects. Petitions based on regional center projects in rural and high-unemployment areas tend to be moving faster still.
Other factors, such as the complexity of your case and fluctuations in USCIS processing times, may also affect how long your case takes. The EB-5 program’s conditional residence requirement alone guarantees that the entire process will take longer than 2 years—though investors receive a conditional green card much earlier in the process.
Importantly, though, recent changes in EB-5 legislation now enable certain investors already present in the United States to apply for adjustment of status concurrently with the I-526 petition process, enabling them to live and work in the U.S. while USCIS adjudicates the EB-5 petition.
Yes, your spouse and unmarried children under 21 can be included in your EB-5 green card application and receive conditional permanent residency along with you.
The EB-5 program carries inherent investment risks, and there is no guarantee of success. However, if your investment project fails but you have otherwise met the requirements of the program, you may still be able to remove conditions on your permanent residency. Our attorneys can help you navigate any challenges that may arise.
No, EB-5 investments must be made in a new commercial enterprise that creates or preserves at least 10 full-time jobs for U.S. workers. The investment must also be “at risk,” meaning there is no guarantee of return or profit. Our attorneys can help you evaluate potential investment opportunities to ensure compliance with EB-5 requirements.
Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.
Navigate Complex Immigration Laws Without The Headache Or Stress
The U.S. immigration process is complicated enough. We are here to help you identify clear, creative, and effective immigration solutions and guide you through every step of the process.
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I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.