With over 15 years of dedicated experience in immigration law, the seasoned attorneys at Dalbir Singh & Associates, P.C. have successfully assisted numerous foreign investors in pursuing employment immigration and making substantial contributions to the economic growth of the United States through their investments.
If you are considering entering the United States as a foreign investor, our team of investor visa lawyers is here to provide comprehensive guidance throughout the intricate process of obtaining an EB-5 visa.
We will assist you in filing your investor petition, submitting your Green Card application, and meticulously preparing you for your EB-5 interview.
An investor visa, also known as the EB-5 visa, investor Green Card, or Fifth preference category visa, enables you to enter the United States and engage in commercial enterprises that contribute to the nation's economic growth through capital investment and job creation.
The EB-5 program serves as a pathway to obtaining permanent resident status, initially granted on a conditional basis for a period of two years. After the two-year period elapses, you may file a petition to remove the conditions from your permanent resident status.
Established by Congress in 1990, the EB-5 Program aims to invigorate the U.S. economy by encouraging capital investment and job creation through foreign investor participation.
Also known as the Regional Center Program, the Immigrant Investor Program was established by Congress in 1992 to reserve investor visas for foreign nationals who invest in commercial enterprises affiliated with USCIS-approved regional centers, thereby promoting economic growth.
To qualify as an immigrant investor, you must fulfill the following criteria:
Invest a minimum of $1.8 million in a qualifying commercial enterprise.
Invest a minimum of $800,000 in a targeted employment area, such as a rural or high-unemployment area, for specific petitions.
Establish your own business or acquire an existing commercial enterprise formed after the implementation of the EB-5 program in 1990.
Provide verifiable evidence demonstrating that the invested funds originate from legitimate sources.
Maintain an active or at-risk investment.
Create a minimum of 10 full-time jobs for U.S. workers, including U.S. citizens, lawful permanent residents, or individuals authorized to work in the United States.
When applying for an investor visa, follow these essential steps:
Complete Form I-526, Immigrant Petition by Alien Entrepreneur.
Ensure you provide accurate and comprehensive information in your petition.
Await approval of your petition by the U.S. Citizenship and Immigration Services (USCIS).
The processing time may vary, so patience is key during this stage.
Submit your Green Card application:
If you are applying for an EB-5 visa from outside the United States, file Form DS-260, Application for Immigrant Visa and Alien Registration, with the U.S. Department of State. This form allows for adjustment of your status.
If you are applying for an EB-5 visa while already in the United States, file Form I-485, Application to Register Permanent Residence or Adjust Status, with the USCIS.
Prepare for and attend your EB-5 visa interview.
This interview is a crucial part of the application process and will be conducted by a USCIS officer.
Be well-prepared by reviewing your documentation and understanding the requirements of the EB-5 program.
By following these steps diligently, you can navigate the investor visa application process more smoothly. It is advisable to seek guidance from experienced immigration attorneys to ensure accuracy and increase your chances of a successful application.
Yes, the number of investor visas is indeed limited. Each fiscal year, from October 1st to September 30th, a total of 9,940 EB-5 visas are issued, accounting for approximately 7.1% of all employment-based visas.
Out of the annual allocation of EB-5 visas, the following distribution is observed:
20% is reserved for projects in rural areas.
10% is reserved for projects in high unemployment areas.
2% is reserved for infrastructure projects led by immigrant investors.
The immigrant investor visa categories are as follows:
C5: Employment creation outside a targeted area.
T5: Employment creation in a targeted high unemployment/rural area.
I5: Investor Pilot Program in a targeted area.
R5: Investor Pilot Program outside a targeted area.
There are two main ways to find an investment project:
Start your own individual investor project, such as a restaurant franchise.
Make an investment through approved Regional Centers, contributing funds to entities recognized by the government.
Your EB-5 investment funds should be legitimate and well-documented. Acceptable sources of funds include:
Real estate secured loans
Our investor visa lawyers at Dalbir Singh & Associates, P.C. can assist you in preparing a comprehensive report that details your investment funds.
The processing time for EB-5 visas varies on a case-by-case basis due to the limited number of visas available and the number of pending applications. Investor visas are issued in the order petitions are filed. However, if your investment is of national interest, USCIS may grant expedited approval.
During your EB-5 interview, you can expect questions regarding:
The commercial enterprise in which you have invested
The sources of capital used for your investment
Your prior visits to the US
Our experienced investor visa lawyers will help you prepare for the interview by reviewing potential questions and providing guidance to ensure your readiness.
At Dalbir Singh & Associates, P.C., we are committed to supporting you throughout the investor visa process.
When attending your EB-5 visa interview, please bring the following documents:
A copy of your Form DS-260/I-485 submission
Your passport (valid for a minimum of six months after your intended entry date to the US)
A document from a financial institution showing that the capital needed has been released from escrow
Your birth certificate
Your marriage certificate, if applicable
Your divorce decrees, if applicable
Police certificates from your current country of residence to show whether you have a criminal record
A color passport photo
Sealed results of your medical examination
Yes, once your EB-5 petition is approved, you can apply for a Green Card. Upon approval of your Green Card application, you and your derivative family members will receive conditional permanent resident status for a period of two years. Once you meet the applicable requirements, USCIS will remove the conditions, and you will become lawful permanent residents of the US without conditions.
Yes, your EB-5 visa allows your spouse and unmarried children under 21 years of age to receive a conditional Green Card, which is valid for two years.
To remove the conditions from your permanent resident status, you must submit a petition 90 days before the expiration of your conditional Green Card. File Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Use USCIS' Filing Calculator to determine the filing date within the 90-day period. Failure to file the petition within 90 days of the expiration date will result in the loss of your right to remain in the US.
A commercial enterprise is an entity that conducts lawful business activities for profit. Examples of commercial enterprises include:
A limited or general partnership
A sole proprietorship
A business trust
A holding company
A joint venture
Other publicly or privately owned entities
At Dalbir Singh & Associates, P.C., our team of investor visa lawyers is dedicated to providing comprehensive support and guidance throughout your EB-5 visa journey.
A regional center is a public or private economic agency or organization approved by USCIS that is working to fulfill the goal of the EB-5 program, which is to promote economic growth and increase regional productivity in a specific geographic area.
No, labor certification is not required for immigrant investors under the EB-5 program.
Before making an investment decision, it is important to research the project with the help of trusted financial professionals. The approved EB-5 immigrant investor regional centers listed by USCIS do not minimize your risk as an investor, guarantee compliance with US securities laws, or endorse the activities of the regional center.
No, you are not obligated to live in the state or city where your commercial enterprise or project is located. You have the flexibility to reside anywhere in the United States as a permanent resident.
No, you are not obligated to visit the regional center. However, it is strongly recommended to conduct your own research before deciding on your investment, which may include a visit to the regional center and the project site.
Yes, you can file alternative immigration forms while your Form I-526 (immigrant petition by alien entrepreneur) is being processed. However, it is important to submit evidence of eligibility for any benefit you are pursuing.
Our experienced team of lawyers at Dalbir Singh & Associates P.C. can assist you in various ways:
Compiling the required documents for your investment visa application, including personal financial information, business plans, or immigration forms.
Preparing a legal brief to demonstrate how you meet the requirements of the statute.
Filing your investor visa petition and other necessary forms.
Providing any additional information requested by USCIS after filing your petition.
Preparing you for your EB-5 interview and accompanying you upon request.
Following up on your EB-5 application throughout the process.
Assisting in finding a suitable regional center, if needed.
Helping you connect with financial consultants for guidance in your investment endeavors.
At Dalbir Singh & Associates P.C., we are committed to supporting you throughout your EB-5 visa journey and ensuring a smooth and successful application process.
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