Marietta EB-5 Visa Lawyer

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Marietta EB-5 Visa Lawyer

Foreign investors can obtain a green card when they invest a certain amount of money in an enterprise that will create jobs for American workers. There is an annual cap of roughly 10,000 visas in this program, meaning that not everyone who wants one of these visas can get one. If you are in a position to obtain one of these visas, your application must be responsive and mistake-free to qualify.

The Requirements for an EB-5 Visa

The EB-5 program uses visas to spur economic growth in the United States. Wealthy investors with no other connections to the United States that can allow them to obtain a visa may enter under this program if they meet the requirements. Essentially, there are two requirements to qualify for an EB-5 visa:

  • One must invest $500,000 (in some areas of the country, $1 million) into a commercial enterprise.
  • That investment will result in the creation of ten jobs for United States workers.

The Forms of Acceptable Investment for an EB-5 Visa

Given the requirements of the program, whether an investor qualifies is not always clear-cut. There are some flexibilities about where the applicant can invest their money. Acceptable forms of investment include:

  • Their own commercial enterprise
  • An enterprise that is owned by others
  • A pre-approved regional center in a certain area that will result in job creation and help the investor make their money back

According to the Congressional Research Service, regional center visas account for 96 percent of the total EB-5 visas granted each year.

In addition, there are often questions about the individual investor’s role in their investment. They cannot be a fully passive investor, yet they do not need to be involved in the day-to-day operations of the investment.

Potential EB-5 Compliance Issues

Further, investors may face issues about the source of their funds. They will need to provide documentation that their funds have a lawful source, and they will need to explain whether the money is their own or if it was given to them as a gift. There may be numerous compliance issues that USCIS will seek to verify, paying particular attention to the source of the funds.

Not only do prospective EB-5 visa applicants need to pay close attention to the requirements of the program, but they also need to perform careful due diligence on their prospective investment to ensure that it is legitimate. While the investor is seeking a visa, they also have much of their money at stake in this visa program, so it is not without risks to them.

The EB-5 visa program provides conditional residency for a period of two years. The investor will need to meet the requirements of the program continuously during this time. After two years, they have the right to apply for lawful permanent residency in the United States. For many people, the EB-5 visa program is their best chance of getting permanent residency in the United States, although it requires that they are wealthy.

The Federal Government Can Change the EB-5 Program Rules

The EB-5 visa program has been controversial to some over the years. In 2019, the federal government made major changes to the rules to tighten the requirements. Investors must contend with a changing regulatory environment and shifting government interpretations of these rules. Therefore, they need an immigration attorney who is deeply familiar with visa programs and understands what is happening currently at the USCIS. The agency is known to tighten requirements through their own interpretation of immigration laws, and visa applicants often get caught unaware. Our lawyers are here to make sure that you are fully informed and prepared when you file your visa application.

How Our Immigration Lawyers Will Help You

Our immigration attorneys can assist you by doing the following:

  • Explaining the different visa programs to you and your options for obtaining a U.S. visa
  • Outlining the requirements of the EB-5 visa program and reviewing your investment to ensure that it qualifies for the terms of the program
  • Explaining to you the recent trends with the USCIS and any possible hurdles that you may need to overcome
  • Making you aware of the possibility of fraud and what to look out for with your investment
  • Working on your application, ensuring that all the paperwork is correct
  • Arguing your case if your application is rejected or responding to concerns expressed by USCIS in the application process

Call a Marietta EB-5 Work Visa Lawyer

To learn more about how we can assist you in the EB-5 immigration process or any other U.S. visa program, contact our attorneys today. We will make sure that you are fully informed and have the help you need for a successful visa application if you qualify for a spot.

Practice Areas

  • Family Based
  • Employment Based
  • Citizenship
  • Humanitarian Relief
  • Investor Visas
Check your Visa Eligibility
Marriage Green Card through Consular ProcessFor married couples where the foreign-born spouse lives abroad
Marriage Green Card: Adjustment of StatusFor married couples in the U.S.
K-1 Fiancé VisaFor unmarried couples where the foreign-born spouse lives abroad
Removal of ConditionsFor those with expiring 2-year green cards
IR-2 Child VisaFor U.S. citizens with children outside of the U.S.
B1/B2 Tourist VisaFor individuals looking to travel to the U.S.
IR-5 Parent VisaFor U.S. citizens with foreign-born parents
U.S. Citizenship (Naturalization)For green card holders ready to become U.S. citizens
I-90 Green Card Renewal or ReplacementFor current green card holders
H-1B VisaFor foreign professionals who want to work in the U.S.
EB-5 VisaFor investors who want to immigrate to the U.S.
E-2 VisaFor foreign investors to start a U.S. business
L-1 VisaFor multinational companies that want to transfer employees to the U.S.
O-1 VisaFor companies that want to bring extraordinary foreign talent to the U.S.
R-1 VisaFor religious workers who need a temporary U.S. visa
TN VisaFor citizens of Mexico and Canada who work in certain professions
F-1 Student VisaFor foreign students who want to study in the U.S.
NaturalizationFor permanent residents ready to become U.S. citizens
Adjustment of StatusFor immigrants looking to adjust their status
Denials & DelaysHelp with delays or denials in the immigration process
Derivative CitizenshipFor foreign-born children with a U.S. parent
Deportation DefenseLegal assistance and protection against deportation
DACAFor certain people who entered the U.S. unlawfully as children
AsylumFor individuals and families seeking asylum
U-VisaFor crime victims who are in fear of deportation
T-VisaFor victims of human trafficking
Affirmative Deferred Action
EB-5For investors and employers wanting to move to the U.S.
E-2 VisaFor investors and employers wanting to move to the U.S.

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