Yes, a Miami investor visa lawyer can help you qualify for an EB-5 visa. A lawyer can help you file applications, respond to requests for information, and pursue appeals and other federal litigation if you receive a denial. A lawyer can also help with further immigration matters, like applying for permanent residency or citizenship.
Federal immigration law is complex, so you need a knowledgeable lawyer who can help find the right legal path. You can talk to a Miami immigration lawyer if you have more questions about EB-5 visas.
What Is an EB-5 Visa?
An EB-5 investor visa is a special type of investor visa meant for foreign nationals who make substantial capital investments into US businesses. An EB-5 investor visa allows you and your family to apply for lawful permanent residence (green card).
Congress added the EB-5 visa as part of the Immigration Act of 1990. The program is meant to stimulate the US economy and attract investors to build enterprises and create jobs. Congress updated the EB-5 visa program in 2022 and made substantial changes regarding investment thresholds and business transparency.
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EB-5 Visa Requirements
Congress allocates about 10,000 EB-5 visas per year for foreign nationals, so spots are limited. To that end, there are very specific eligibility criteria.
To qualify for an EB-5 visa, the following must be true:
- You have invested or are actively in the process of investing at least $1,050,000 in a commercial enterprise or at least $800,000 in a targeted employment area in an infrastructure project.
- The investment will create at least 10 jobs for individuals authorized to work in the US (other than you)
- The investment must be at risk for the entire required time and not have a guaranteed return.
- Your investment funds must be from legitimate and documented sources.
In the context of EB-5 visas, a targeted employment area is either a rural area or one that is experiencing high unemployment (at least 150% of the national average unemployment rate).
Two Investment Routes for EB-5 Visas
An important aspect of EB-5 visas is where you invest the money.
There are two investment routes you can follow to become eligible for an investor visa:
- Direct investment. The first option is investing directly into a commercial enterprise. With this route, all ten jobs you must create have to come directly from this business activity.
- Regional center program. The other option is to invest in a regional center program. A regional center program is a public or private organization that promotes business development. These regional centers are organizations approved by the US federal government.
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How Do I Get an EB-5 Visa?
After making the investment, you must fill out and submit Form I-526: Immigrant Petition by Standalone Investor or Form I-526E: Immigrant Petition by Regional Center Investor. These documents contain personal details and information about the business you invested in.
Once your EB-5 visa is approved, you will receive a conditional green card that is valid for two years. This card will allow you to live and work in the US as long as the investment enterprise maintains eligibility conditions.
Within 90 days before the conditional green card expires, you must file a separate Form I-829: Petition by Investor to Remove Conditions on Permanent Resident Status. Once this form is submitted and approved, the restrictions on your green card will be removed, and you can remain in the US permanently.
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How Long Does It Take to Get an EB-5 Visa?
The timeline for EB-5 visa approval can vary significantly. Factors that influence timeframes include the type of business, the location of the investment, and your country of origin. Most investors can expect to spend at least a year or longer in the application process.
However, timelines can be shorter. For instance, the federal government prioritizes applications for individuals who invest in rural areas or areas with high unemployment. In contrast, applications involving direct investment are usually put on hold in favor of others. Targeting these special areas can result in your application being fast-tracked.
How a Lawyer Can Help
A lawyer can help you throughout the entire application process for an EB-5 visa, including:
- Filling out and submitting paperwork
- Obtaining financial documentation about your enterprise
- Proving the legitimacy of your funds
- Performing due diligence on Regional Centers
- Responding to requests for additional information
- Appealing application denials
- Ensuring factual accuracy of information
The US immigration system is immensely complex, and errors during the process can require you to restart from square one. A lawyer can help you meet all filing requirements and deadlines to reduce the chance of delays or complications.
Contact a Miami Immigration Lawyer Today
Do you have more questions about qualifications and applications for an EB-5 visa? If so, contact DMR Law online or call today to speak to an immigration lawyer in Miami.
Call or text (305) 548-8666 or complete a Free Case Evaluation form