EB5 Visa Lawyer For Permanent Residency

For more than 25 years, ILG’s EB5 Visa Lawyers have been steadfast in providing robust legal representation for US immigration to clients around the world. Every client and case is essential to us, as we firmly believe in the positive impact of immigration on the United States.

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Understanding the EB5 Visa

The EB-5 investor visa stands as a gateway to lasting ties with the United States. Originating in 1990 under the U.S. Citizenship and Immigration Services’ Immigrant Investor Program Office (IPO), the EB-5 visa was crafted to bolster the nation’s economy by attracting foreign capital and stimulating job creation. The EB5 Visa, part of the Immigrant Investor Program, requires a minimum capital investment in a new commercial enterprise that leads to job creation.

This unique visa extends beyond an individual’s journey, embracing their spouse and unmarried children under 21, offering them the opportunity to share in the promise of permanent residency through the acquisition of a green card. With stricter rules and evolving regulations, an immigration attorney in DC is equipped to guide you through the multi-year process of EB5 immigration.

EB5 Visa Requirements

To qualify for an EB-5 visa, an applicant must make a substantial investment in a U.S. business, meeting the minimum requirement defined by 8 CFR § 204.6. Additionally, the applicant must demonstrate the intent to create or maintain at least 10 full-time jobs for U.S. workers. Our immigration attorneys specialize in guiding foreign investors through these eligibility criteria, ensuring compliance with immigration laws.

Capital Investment

The capital investment must be directed towards a company formed after November 29, 1990, or an existing business undergoing significant restructuring. The business structure can range from a corporation to a sole proprietorship. Capital may take various forms, including cash, equipment, inventory, or secured debt. The minimum investment, based on the filing date and targeted employment area (TEA) status, is carefully navigated by our experienced immigration attorneys.

If the petition was filed post-November 21, 2019:
$1.8 million minimum investment
$900,000 minimum for TEA investments

For petitions filed before November 21, 2019:
$1 million minimum investment
$500,000 minimum for TEA investments

Job Creation

In regional centers fostering economic growth, the investment must lead to either direct or indirect job creation. For businesses outside regional centers, direct creation of 10 new positions is required. Troubled businesses facing economic challenges may have allowances, provided they meet specific criteria.

How to Apply for EB5 Visa

Embarking on the EB-5 visa journey begins with filing the initial petition. Our immigration attorneys guide you through the intricacies of Form I-526 submission, ensuring all criteria are met, from the for-profit venture investment to the 10-employee requirement. We specialize in addressing unique scenarios, such as troubled businesses, with precision.

Submit Green Card Application

Upon approval of Form I-526, the green card application process commences. Whether you reside abroad or in the United States, our legal experts streamline the process. From consular processing and Form DS-260 completion to Adjustment of Status via Form I-485, we navigate the complexities to secure your conditional green card, valid for 2 years.

Remove Conditions

After the 2 years, removing conditions from your green card is crucial for permanent residency. Our team assists in filing Form I-829, compiling essential documentation about the commercial enterprise's status, employee count, and capital invested. With successful conditions removal, you achieve lawful permanent residence, providing a 10-year window before green card renewal.

Why ILG & How We Help

For those navigating the complexities of immigration law, ILG offers indispensable assistance, particularly in the realm of employment-based green cards. Here’s why ILG is the preferred choice:

Comprehensive Knowledge of Immigration Law

ILG’s employment-based green card attorneys specialize in immigration law, ensuring a thorough understanding of the intricate legal nuances involved in the application process. With over two decades of experience, our Washington, D.C.-based Immigration Law firm possesses extensive knowledge of immigration law complexities.

Customized Solutions for Unique Concerns

Recognizing the distinctiveness of each employment-based green card case, ILG’s experienced immigration attorneys develop personalized approaches. Whether you’re establishing a new office, transferring employees, or seeking permanent residency, this tailored strategy significantly increases the chances of a successful application.

Proven Track Record of Success

Attorney Glen Wasserstein, featured in interviews by major networks like NBC, BBC, and Fox News, has a history of success. An experienced employment-based green card lawyer with a track record of accomplishments demonstrates the ability to navigate immigration law complexities, instilling confidence in clients seeking reliable immigration solutions.

Required Documentation for EB5 Visa

Your EB-5 visa renewal is a crucial step toward securing permanent resident status. To expedite your I-829 application, include the following documents:

Form I-829 – Petition for Action on an Approved Application or Petition

Copy of Form I-797 receipt notice for your approved I-526 petition

Copy of your conditional permanent resident card

Verification of ongoing U.S. residency: substantiated by tax returns, employment records, utility bills, or bank statements

Updated personal information, including any name, address, or marital status changes

Proof that investment funds remain in the project

Proof of creating at least 10 jobs per investor or adherence to the Regional Center's business plan

Demonstration that the EB-5 project adhered to its business plan and employed investment funds in a proper and appropriate manner

Ensure a smooth process by providing all necessary documents, avoiding delays, and USCIS Requests for Evidence.

Visa Duration

Processing Time for EB5 Visa

The timeline for EB-5 visa processing is a critical aspect of your journey to permanent residency. The initial petition, Form I-526, can take anywhere from 47 to 71 months to process. During this time, our immigration attorneys provide ongoing support, ensuring all requirements are met for a smooth application process. For those residing abroad, the approval of a green card via consular processing typically takes between 4 to 6 months. If you are already in the United States, the duration can vary from 7.5 to 45.5 months, depending on the service center, through the Adjustment of Status process. Currently, there are no wait times for EB-5 applicants, offering a streamlined pathway to permanent residency. Immigration Law Group specializes in providing efficient and strategic guidance, optimizing your journey through regional centers, commercial enterprises, and targeted employment areas.

Renewal for EB5 Visa

Your EB-5 green card, initially valid for two years, requires a strategic approach to ensure continuous permanent residency. Within the crucial 90-day window before expiration, filing Form I-829 is imperative. This process removes conditions, converting your conditional green card into permanent residency. Upon successful removal of conditions, your green card remains valid for an extended 10-year period. To continue living and working permanently in the U.S., timely renewal is essential. Yet, failing to remove conditions in a timely manner may result in the expiration of your EB-5 visa and green card.

Avoid last-minute hassles by filing Form I-829 early, ideally within 6 months before your visa expires. Our immigration attorneys, experts in EB-5 immigration services, regional centers, and commercial enterprises, guide you through the renewal process. USCIS processing times for I-829 renewals, currently estimated at 10.5 to 33 months, necessitate a proactive approach for peace of mind and timely renewal approval.

If your EB-5 visa has lapsed, USCIS permits late filings up to 12 months after the expiration date. However, any gap between the expiration date and I-829 petition approval counts as unlawful presence. This may trigger a 3 or 10-year bar upon departure, emphasizing the importance of prompt renewal.

Client Reviews

What an amazing team to work with. SO grateful for Jen, Catherine and the whole team, who worked so hard and were so patient with us through this whole process of obtaining our green cards. They are truly experts and can be trusted without a doubt to help you with your immigration needs! Utmost professionals and a pleasure to work with.

Sarah C.

Immigration Law Group has a wonderful team of lawyers. They handled my h1b and permanent residence paperwork in a way that really made me feel comfortable and brought me peace through a very stressful time. they are on top of things and always answered my questions in a timely manner. I highly recommend them if you want to make sure everything goes perfectly.

Kiran M.

Everyone at Immigration Law Group, from the attorneys to support staff, have been nothing but helpful, well-informed, and courteous to me from the start until now. Jen, and Catherine in particular, have been super helpful in explaining complicated procedures and processes in easy to understand ways–yet not dumbing down to the level where they are leaving out important details. I feel confident and knowledgeable with ILG working on my case, and there’s a personal level of communication and trust, which also puts me at ease during a difficult and tricky process. I highly recommend Immigration Law Group–I’m so glad I found them!

Andrew O.

We are very satisfied with the Immigration Law Group and the services they had provided us so far. They have very capable staff that is always on top of our cases and help us navigate them successfully. We have had great success with all cases and their rates are very reasonable. They know Immigration law better than any other law firm we worked with. I would recommend them without hesitation!

Alina T.

Frequently Asked Questions (FAQs)

To be eligible for permanent resident status through the EB-5 program, investors must invest the required capital in a new commercial enterprise that they establish, purchase, or expand. Eligible individuals are those investing either $1,000,000 or $500,000 in a targeted employment area, with the latter having high unemployment. They must create full-time employment for at least 10 qualified individuals or maintain existing employment levels in a troubled business. Eligibility criteria also include creating an original business, restructuring an existing business, or expanding it by a specified percentage. The investment must benefit the U.S. economy.

The various EB-5 Regional Center Investment Programs are designed to enable foreign investors to qualify for permanent residence in the United States (i.e. a “green card”) by investing $500,000 in a Regional Center. In addition to the investment itself, each regional center has some form of ‘application’ or ‘participation’ fee. The USCIS also charges application fees for the green card application. These fees are separate from our attorney fees.

In nearly all cases, we work with the Regional Center and a private management company set up an investment entity as a limited partnership or limited liability companies. The investment entity either acquires an ownership interest in some type of asset (such as real estate) or the entity makes low interest loans to government or private borrowers.

Prior to investing, any prospective foreign investor should review the prospectus with detailed information about the investment. It is always advisable to have this information carefully reviewed by specialists in business law and accounting.

The various Regional Centers Investment Programs have widely different philosophies. Some focus on maximizing the return on the investment. Some focus on ensuring a return of the investor’s $500,000 investment. Some focus on ensuring an exit strategy as soon as possible.  

The EB-5 regulations are highly complex and constantly changing.  Please contact ILG for an evaluation of your eligibility.

Yes, family members, including immediate relatives, can be included in the EB-5 application. This includes spouses and unmarried children under the age of 21. The EB-5 program allows for the inclusion of family members in the permanent residency process.

Under section 203(b)(5) of the Immigration and Nationality Act (INA), 10,000 immigrant visas, known as EB-5 visas, are allocated annually for individuals seeking permanent resident status through engagement in a new commercial enterprise. Within this quota, 5,000 visas are reserved for those participating in a CIS-designated “Regional Center” pilot program. A Regional Center is an approved entity focusing on a specific U.S. geographic area, aiming to boost economic growth through increased exports, improved productivity, job creation, and domestic capital investment. Alien investors seeking EB-5 visas must demonstrate a “qualified investment” in an approved Regional Center and use reasonable methods to show the creation of 10 or more jobs directly or indirectly through the enterprise’s activities.

An immigration attorney specializing in EB-5 visas can provide invaluable expertise, ensuring your application adheres to legal requirements. They navigate complexities, offer strategic guidance on regional centers, and assist in filing the necessary petitions, optimizing your chances for a successful EB-5 journey as a foreign investor.

We’re ILG, your Immigration Specialists

We Believe in Immigration. We ensure that all our clients get the best chance to a new life in the United States.