Published: April 11, 2022
The EB-5 Investor visa is the fifth preference category under employment-based visas. It was created by the Immigration Act of 1990 and implemented via the EB-5 Immigrant Investor Visa Program.
This program allows noncitizen investors to acquire Green Cards and unlock a path to lawful permanent residency in the United States. In exchange, they must invest a substantial capital to a business operative in the United States, and create at least 10 permanent full-time jobs for qualified U.S. workers.
+Besides allowing investors to become lawful permanent residents, the EB-5 category is also a practical visa because of its investment options. Notably, one may opt for a smaller capital by investing in Targeted Employment Areas (TEAs). This feature alone makes the EB-5 visa one of the best startup investor visas available. If you need assistance on this matter, we have business immigration lawyers who can attend to your needs.
ALG Lawyers will be with you in every process. Our goal is to make each step as easy and hassle-free as possible.
5 Best Practices for EB-5 Visa Processing
A successful EB-5 Investor visa application can open multiple opportunities for corporate success in the United States. While there are several steps and requirements to accomplish, the results will be worth it. If you are interested in becoming an immigrant investor, ALG Lawyers prepared a handful of helpful reminders to make the processes simpler and more orderly.
1. Familiarize the Investment Types
Under the EB-5 category, investors may opt for direct or indirect investment. Direct investment refers to investments made with non-Targeted Employment Areas. Investors may freely choose the industry and place of their business. However, they will need to pay a higher investment capital.
On the other hand, indirect investment is about investments for Targeted Employment Areas (TEAs). TEAs are government-selected areas that may need more economic stimulation and support. The government imposes a lower investment capital to entice immigrant investors.
2. Prepare the Investment Capital
Preparing the investment capital is one of the most tedious processes in EB-5 visa application. After all, the USCIS can be meticulous about the sufficiency and stability of the investors’ financial resources. Applicants should show sufficient proof that they can conduct and maintain a profitable business in the United States.
Arranging loans, stocks, and other assets while ironing out immigration issues can also be too much for any investor to handle. ALG Lawyers is home to the best immigration lawyers for Green Card and other related matters. You can confidently rest your case with us.
3. Learn About Regional Centers
EB-5 investors should be familiar with regional centers. Regional centers are private or public USCIS-designated economic units tasked with promoting economic growth and attending to the needs of participants in the Immigrant Investor Program. These units can also grant New Commercial Enterprises (NCEs) permission to gather capital from multiple investors into one corporate undertaking.
ALG Lawyers’ immigration attorneys in Los Angeles can provide you with a comprehensive review of regional centers. We can clarify and correct any misconceptions you may have about them.
4. Be Cautious with Forms
Like any immigration category, the EB-5 involves the completion of numerous forms. At first glance, all immigration forms look the same. But even though some of them contain slight variations of another type, applicants must not mistake one for another. Every form has a specific purpose, and it may not hold any legal effect when utilized differently than intended.
If you are confused about what form to file and how to fill them up, ALG Lawyers is here to guide you.
5. Partner with an EB-5 Attorney
When handling technical processes, such as immigration, the best tip would be to ask for help from professionals. Working with immigration lawyers while processing an EB-5 application is an investment of its own. Coordinating with them decreases the risk of re-submissions and rejections. Working with immigration attorneys, especially ALG Lawyers, boosts your chances of getting things right the first time.
Lawyers resolve various technical and legal concerns. When handling investment-type visas, they may also demonstrate expertise regarding corporation law to support clients. If you choose to partner with ALG Lawyers, expect to receive legal aid for immigration law, corporation law, and more!
5 Processing Mistakes to Avoid
Decrease your chances of failure by learning from the mistake of others. Below are the five of the most committed mistakes when processing EB-5 visas. Please study them intently.
1. Incomplete Requirements
Go through USCIS’ requirement list several times before making any submission. Ensure that every document is present, valid, and signed (if needed). Missing even a single page can prompt the USCIS to reject and return your application.
2. Inconsistent or Inaccurate Information
Besides completing the requirements, review the truthfulness and accuracy of the information you provided. Sometimes, applicants can inadvertently input the wrong information. This honest mistake may make assessing officers suspicious. Please opt to have an immigration lawyer review your documents before submission.
3. Filing at the Wrong Place
The submission sites may differ if an investor applies within or outside the United States. Lessen the confusion by working with an immigration law firm. Their experienced legal staff can handle clerical processes for you.
4. Late Responses
There are instances that the USCIS sends notices for you to comply with something. Please do not ignore them and comply within the required date. For your legal guidance, you may ask ALG Lawyers.
5. Labor-Related Issues
The EB-5 category requires investors to create full-time jobs for a number of qualifying employees. Some investors fail to hire qualified employees or create jobs compliant with the USCIS standards. This matter requires in-depth analysis and discussion. ALG Lawyers is more than willing to answer all your questions.
Denials from the USCIS
Being denied or rejected by the USCIS can be problematic. Depending on the attached conditions and other circumstances, one may suffer serious legal consequences. Upon receipt of a notice of denial, applicants should act quickly. Get the best results by partnering with seasoned experts.
ALG Lawyers has some of the most reliable business immigration lawyers in the field. We ensure that our clients are well-represented and never placed in a situation where their interests are compromised. Handling denials and rejections from the USCIS can be arduous. But, our long years of practice had hardened our fortitude and dedication to providing quality services to clients.
First-Rate Legal Assistance
The previously mentioned processing mistakes are some of the reasons that prompt the USCIS to deny your EB-5 application. A denial does not automatically prohibit you from acquiring a visa or remove your US Green Card eligibility. However, it can undoubtedly delay plans and goals.
Applicants should be cautious and meticulous all the time.
If you need legal advisers for your business and immigration needs, ALG Lawyers will be there to guide you all the way. You can expect nothing less than premium legal services from experienced and highly successful Los Angeles immigration lawyers by partnering with us.