Insights Of An EB-5 Immigration Attorney On The Visa Process

As an entrepreneur, you may be eager to see your business thrive not only in one place. You may have this vision to create more opportunities and secure a future in the United States. With that aspiration, an EB-5 immigration attorney offers guidance and advice to make that happen.  This article explains the program by delving into its requirements. It also addresses common challenges and recent developments. Lastly, it offers practical tips for prospective applicants and highlights an attorney’s crucial role in navigating this complex journey. Learn More About The EB-5 Visa Process, Criteria And Requirements To Obtain One

EB-5 Immigration Attorney Explains The Investor Program

The U.S. Congress created the immigrant investor program in 1990. Foreign nationals see this as a transformative pathway to permanent residency in the United States. Positioned as the fifth preference among U.S. employment-based Visas, this program has a yearly cap of 10,000 Visas. More than a mere immigration pathway, the EB-5 Visa is a powerful tool that encourages foreign investment. It also catalyzes economic growth and development, particularly in rural areas. It allows for job creation and thus helps stimulate the U.S. economy. The program usually requires a minimum investment of $900,000, up to $1.8 million, depending on the business’s location. This investment creates jobs and gives the investor a shot at getting a Green Card. Embarking on the journey to secure an EB-5 Visa is a life-changing endeavor. However, the complexity of the process necessitates a strategic and careful approach. It helps if you are with an immigration lawyer through the crucial stages of the v Visa application. They can help you gain clarity to ensure a successful and smooth journey

Assessing Your Eligibility For The Investor Visa Program

Before embarking on the EB-5 journey, it’s crucial to evaluate if this Visa program aligns with your immigration and financial objectives. There are several factors to consider with your immigrant investor program lawyer.
  • Financial Capacity: Evaluate if you have the financial resources with a minimum investment of $900,000 in TEA (Targeted Employment Area). The source, management, and allocation of funds are essential factors beyond mere availability.
  • Source of Funds: Demonstrate the legitimacy of your investment capital. Documentation, including income statements, tax returns, and financial records, should reveal its lawful origins.
  • Liquidity and Investment Duration: Recognize that EB-5 investments entail a longer duration, tying up funds for several years.
  • Commitment to U.S. Residency: Confirm your genuine intent to become a permanent resident. You must understand the financial, legal, and lifestyle implications, including global income taxation.
Beyond legal aspects, consider your emotional preparedness. There will be changes in cultural, social, and educational factors associated with life in the United States. It’s about building a meaningful life beyond the legal right to reside. Therefore, you must carefully select a Visa lawyer you work with to help you with your business immigration.

Obtain A Green Card Through The Immigrant Investor Program

Your journey through the EB-5 process intensifies as you reach the pivotal stage of filing the petition. As you strive to realize your business dream, you must note the following key points.

Form I-526

Your immigration lawyer spearheads the preparation and submission of Form I-526 to the U.S. Citizenship and Immigration Services (USCIS). The form is also known as the Immigrant Petition for Alien Entrepreneurs. Approval of this document propels you to the next phase, allowing you to apply for Conditional Lawful Permanent Residency.

Conditional Lawful Permanent Residency

Upon approval of Form I-526, you can apply for Conditional Lawful Permanent Residency (LPR). If you are in the United States, you can do this by filing Form I-485. This status will enable you to enjoy most of the rights and privileges of LPR, but there’s a catch—it is valid for only two years. This period is a probationary phase, during which USCIS expects you to follow the conditions. During the two-year conditional period, you must create ten full-time jobs for U.S. workers. Full-time employees must render a minimum of 35 working hours per week. You must also maintain your capital investment in the EB-5 project, demonstrating compliance with EB-5 guidelines.

Documentation Required In Form I-526

The Form I-526 petition requires a comprehensive set of documents. These include personal identification documents and business-related documentation, such as your business plan and articles of incorporation. You must also include detailed records establishing the source and path of your investment funds. Depending on the origin of your funds, the source and path of funds documentation will vary. It includes individual tax returns, bank and income statements, purchase and sale agreements for properties, business tax returns, and more.

USCIS Processing Timeline

After compiling the documentation, your attorney will submit Form I-526 to USCIS. Be prepared for a waiting period, as USCIS typically takes 18 months to process these applications. While this duration might seem lengthy, there is optimism for potential improvements in processing times in the future.

Removal Of Conditions

Filing Form I-829 is the pivotal last step in securing permanent residency in the United States. This form is officially known as the Petition by Entrepreneur to Remove Conditions. It must be filed within the 90-day window before your conditional Green Card expires. The primary focus of Form I-829 is to substantiate the fulfillment of EB-5 program requirements. Accurate documentation showcasing the successful implementation of your investment project and its positive impact on job creation is crucial. Upon submission, your Form I-829 undergoes meticulous review by the USCIS. The processing duration typically spans around two years, during which time the USCIS assesses your adherence to the program’s stipulations. If the outcome is favorable, conditions on your permanent residency are removed, and you are issued a 10-year Green Card. This signifies your attainment of unrestricted permanent residency status in the United States, marking the triumphant culmination of your EB-5 Visa journey. Indeed, having a skilled attorney gives you confidence and peace of mind to go through that process smoothly. However, the benefits of working with them continue; they can also help you establish and plan your business.

Creating A Comprehensive Business Plan

With an immigration lawyer on board and a chosen business, the next step is to obtain a comprehensive business plan. It is crucial to work with someone experienced in crafting EB-5 plans. The plan must align with the program’s unique requirements and include details such as the type of business, investment amount, job projections, and fund utilization.With An Attorney Who Specializes In EB-5 Visas You Will Have A Smoother Process After choosing a direct investment, it’s time to provide capital to the new commercial enterprise. While actual funding is not mandatory at this stage, evidence that you are in the process of investing is required during the filing of Form I-526. It may involve transferring money to an escrow account with conditions tied to USCIS approvals. Creating a successful enterprise doesn’t happen overnight. It requires time, effort, and meticulous planning. Furthermore, having a reliable support system is essential in business. Therefore, seeking guidance from an experienced and skilled lawyer is advisable. The question remains: How do you select the right attorney for your needs?

Choose A Visa Lawyer From Lozano Law Firm

Working with an experienced EB5 lawyer is crucial to navigating these intricacies. To select the right one for your immigration and business needs in the United States, consider the following factors.
  • Prioritize Experience: Opt for a lawyer with substantial experience handling successful EB-5 cases. Experience is a reliable indicator of an attorney’s ability to navigate the process’s complexities effectively.
  • Competence: Ensure the chosen Visa lawyer focuses on the EB-5 program. It guarantees an in-depth understanding of the intricate details associated with this unique immigration pathway.
  • Review Success Metrics: Similar to scrutinizing reviews before patronizing a service, assess the lawyer’s success rates. Also include client testimonials and any litigations they may have been involved in. This examination provides insights into their professional experience and skills.
  • Prioritize Communication Skills: Effective communication is paramount. Seek a Visa lawyer who communicates clearly and promptly and replies to your queries. They must provide regular updates on the progress of your case. It ensures transparency and a shared understanding of the journey.
  • Tech Proficiency: Visa lawyers leveraging technology for streamlined communication and document sharing can significantly enhance the efficiency of the process. Consider this as opting for a guide equipped with modern navigational tools.
At Lozano Law Firm, you’ll discover passionate and dedicated attorneys who will invest time and effort to help you achieve your business goals. Their team of immigration attorneys meets all the criteria necessary to accompany you on this journey.


The EB-5 program enables foreign investors to apply for permanent residency by investing in American businesses. Applicants must assess financial suitability, select a qualified immigration lawyer, and develop a detailed business plan. Your attorney will help you file the critical Form I-526, obtain a Conditional Lawful Permanent Residency, and file Form I-829 to get permanent residency in the United States. Obtaining a permanent resident card through the EB-5 program is a complex and rigorous process that needs a deep understanding of the legal requirements. An experienced immigration lawyer can provide assistance and help clients navigate the various stages of the process. With their knowledge and guidance, they can help you achieve your goal of obtaining an EB-5 Visa and successfully immigrating to the United States.
Scroll to Top