Need an EB5 Visa Lawyer? Expert Guidance for US Immigrant Investors

The EB-5 Immigrant Investor Program is a pathway to permanent residency in the United States for foreign nationals. However, navigating this complex program requires specialized legal expertise. At internetlawyers.net, our experienced Eb5 Visa Lawyers provide comprehensive services to investors, regional centers, and developers, ensuring a smooth and compliant EB-5 journey.

For high-net-worth individuals seeking US permanent residency, the EB-5 visa program can be an attractive option, especially for those without family or employment sponsorship in the US. This program allows foreign investors and their families to obtain green cards by investing in a US commercial enterprise that creates jobs for American workers.

The EB-5 program mandates a minimum investment of $800,000 in Targeted Employment Areas (TEAs) or $1,050,000 in non-TEA areas in a new commercial enterprise. These investments must lead to the creation of at least ten full-time jobs for U.S. citizens or lawful permanent residents. EB-5 projects fall into two main categories: direct EB-5 projects and regional center EB-5 projects. Direct projects involve investments in businesses that directly employ ten or more qualifying employees. Regional center projects, on the other hand, allow for job creation to be demonstrated through indirect or induced jobs, based on reasonable economic methodologies. Crucially, all EB-5 investors must meticulously document the lawful origin of their investment funds, a process where an experienced EB5 visa lawyer can provide invaluable assistance.

Our team of seasoned EB5 visa lawyers at internetlawyers.net has a proven track record of guiding thousands of clients through the intricacies of the EB-5 program. We assist investors at every stage, from initial consultation to obtaining conditional and then permanent residency. As part of a leading full-service immigration law firm, we offer a holistic approach, supporting clients not only with their EB-5 petitions but also with other US immigration matters, including travel documents, naturalization, and family-based immigration. Whether you are applying for an immigrant visa through a US consulate abroad or adjusting your status within the US, our firm possesses the expertise to manage your permanent residence process effectively.

Recognizing that EB-5 projects can sometimes face challenges, our EB5 visa lawyers are also equipped to protect investor interests when projects encounter difficulties, such as financial distress, fraud allegations, or failure to proceed as planned. We are prepared to litigate on behalf of our clients when necessary to safeguard their immigration goals and investments.

EB-5 Visa Lawyer Services for Direct Investors

For investors pursuing direct EB-5 investments, our services are structured to address the unique requirements of this path. We provide counsel on structuring the investment enterprise to ensure EB-5 compliance from the outset. A critical aspect of our service involves assisting investors in meticulously documenting the lawful source of their investment funds, a process that demands precision and a deep understanding of USCIS requirements. Furthermore, we expertly guide investors through the often complex process of petitioning for the removal of conditions on permanent residence (Form I-829).

Experienced EB5 visa lawyer Ron Klasko providing expert consultation on EB-5 investment strategies.

The I-829 petition process presents particular challenges for direct EB-5 investors. It requires comprehensive tracking of job creation from the initial investment phase through to the filing of the I-829, demanding careful documentation and strategic planning, areas where our EB5 visa lawyers excel.

Regional Center and Developer Services: Expertise in EB-5 Compliance

Regional centers and project developers face a distinct set of EB-5 program complexities. internetlawyers.net offers specialized legal services tailored to their needs. Our EB5 visa lawyers possess a deep understanding of the regulatory landscape governing regional centers and developers, enabling us to provide strategic counsel on structuring EB-5 compliant projects. We collaborate with a network of experienced professionals, including securities lawyers, economists, and business plan writers, to develop robust and USCIS-compliant EB-5 offerings. Our team has the necessary knowledge to rigorously assess business plans, economic reports, securities offerings, and corporate documentation, ensuring alignment with EB-5 program mandates.

Comprehensive EB-5 Services for Regional Centers and Developers:

• Guidance on preparing Form I-956, applications for regional center designation.
• Assistance with Form I-956F, project approval applications.
• Preparation of mandatory regional center annual statements.
• Support with Form I-956H filings for individuals associated with regional centers.
• Legal counsel for regional center amendments, including geographical and ownership changes.
• Development of templates for investor petition documentation.
• Advice on compliant engagement with direct and third-party promoters.
• Counsel on fund administration, audit procedures, and ongoing compliance.
• Expert responses to project-related Requests for Evidence (RFEs) on investor and regional center petitions.
• Vigorous defense against Notices of Intent to Terminate regional center designations.
• Strategic advice on marketing EB-5 projects in compliance with regulations.
• Litigation services for EB-5 denials and unfavorable USCIS decisions.

EB-5 Compliance Services: Navigating the Reform and Integrity Act

The EB-5 Reform and Integrity Act of 2022 has significantly elevated the importance of compliance within the EB-5 program. Verifying job creation for each investor necessitates a dedicated team of professionals with in-depth EB-5 knowledge. Our leading EB5 visa lawyer team at internetlawyers.net is adept at establishing compliance frameworks from project inception through to job creation documentation and the eventual attainment of permanent residency for investors. We specialize in creating and implementing procedures for the systematic collection, organization, and presentation of documents related to investor fund flows and job creation metrics. A key focus of our compliance services is ensuring adherence to annual reporting obligations and preparing for investor I-829 filings, minimizing potential delays and complications.

Regional Center Compliance Services: Maintaining Program Integrity

• Systems for tracking critical dates, including conditional residency expiration and age-out dates for dependents.
• Robust systems to monitor I-829 filings, RFEs, approvals, and potential issues.
• Development of systems to rigorously monitor job creation and ensure targets are met.
• Implementation of systems to manage information and documents required for I-829 petition preparation.
• Expert guidance on navigating material change issues that can impact project compliance.
• Strategies for addressing and mitigating job creation delays.
• Skilled responses to project-related RFEs on I-829 petitions to ensure positive outcomes.
• Assistance with comprehensive annual reporting, including systems for efficient data tracking.
• Due diligence reviews of potential new projects to assess compliance risks and viability.
• Representation in connection with project adoptions and oversight by the regional center.
• Preparation and filing of accurate and timely regional center annual statements.
• Proactive advisory services on regional center best practices to maintain compliance and operational excellence.

EB-5 Services for Lawyers: Collaboration and Expertise

Recognizing the sensitive nature of lawyer-client relationships, internetlawyers.net offers collaborative EB-5 services to attorneys who seek specialized expertise for their clients without disrupting existing relationships. Our EB5 visa lawyers can work in conjunction with other attorneys, providing focused EB-5 guidance and support while respecting the primary attorney-client dynamic.

Flexible Service Options for Lawyers and Agents:

• Service 1: Petition Review: The referring lawyer prepares the complete EB-5 petition, and our EB5 visa lawyer team conducts a thorough review for compliance and completeness. In this model, the referring lawyer maintains direct client contact, while we provide behind-the-scenes expertise and document review.
• Service 2: Petition Preparation and Co-Counsel: internetlawyers.net takes the lead in preparing the EB-5 petition and serves as primary counsel to the investor. The referring lawyer is kept fully informed, copied on all communications, and invited to participate in consultations, offering a valuable learning opportunity while ensuring expert EB-5 representation for their client. The referring lawyer can then handle subsequent immigration processes such as I-485 applications, consular processing, and other related immigration matters.
• Service 3: Regional Center Development Advice: We provide specialized advice to developers seeking to establish new regional centers. Referring lawyers can then represent investors within these regional centers, leveraging our development expertise.
• Service 4: Litigation Support: We offer litigation services for denied or delayed EB-5 petitions, providing a crucial resource for lawyers whose clients face adverse USCIS decisions.

EB-5 Litigation: Protecting Investor Rights

internetlawyers.net distinguishes itself with a robust EB-5 litigation practice, a rarity among business immigration law firms. Our firm has a proven track record of successfully litigating complex immigration cases, advocating vigorously for our clients’ rights when facing unreasonable USCIS actions or delays. Our EB5 visa lawyers have been at the forefront of significant EB-5 litigation, representing investors, regional centers, and projects. We have extensive experience challenging USCIS denials based on material change interpretations and redemption agreement issues. We also provide counsel on the immigration implications of EB-5 projects involved in civil litigation, ensuring comprehensive legal support.

Leading EB5 visa lawyers Ron Klasko and Daniel Rizzo, experts in EB-5 litigation and complex cases.

Notably, our firm played a pivotal role in the successful litigation challenging USCIS’s attempted decertification of existing regional centers (EB5 Capital et al v. United States Department of Homeland Security et al). This landmark case resulted in a nationwide preliminary injunction against USCIS, allowing regional center EB-5 projects to continue operations, demonstrating our commitment to protecting the EB-5 program and investor interests.

E-2 Treaty Investor Visa: An Alternative Option

For some investors, the E-2 Treaty Investor Visa presents a viable alternative or a complementary strategy to the EB-5 visa. The E-2 visa requires a “substantial investment” that is often significantly lower than the EB-5 minimum, in a US business that will be majority-owned by citizens of a treaty country. While the E-2 visa is only available to citizens of specific treaty countries, it offers a faster route to the US and can be extended indefinitely. Some investors strategically utilize the E-2 visa as an interim solution while pursuing the longer-term goal of an EB-5 green card. Our EB5 visa lawyers can advise on whether the E-2 visa is a suitable option based on individual circumstances and investment goals.

Why Choose internetlawyers.net for your EB5 Visa Lawyer Needs?

internetlawyers.net is committed to providing exceptional legal service and achieving successful outcomes for our clients. Our experienced EB5 visa lawyers are known for developing creative and effective solutions to complex immigration challenges. We offer comprehensive expertise across the spectrum of business immigration matters, from routine visas to intricate EB-1 petitions and corporate compliance. We prioritize a client-centered approach, offering tailored strategies rather than a one-size-fits-all solution. Our firm is recognized for its innovative approaches to resolving challenging business immigration issues, and client feedback consistently highlights our exceptional responsiveness as a defining feature of our service.

Other Corporate Immigration Services

In addition to EB-5 and E-2 visa services, internetlawyers.net provides a full suite of corporate immigration services, including global immigration, worksite compliance, and immigration litigation. Our specialized teams are dedicated to providing comprehensive support for all business-related immigration needs.

Get in touch with one of our EB-5 Immigration attorneys for personalized guidance.

Related Practice Areas:

• Investor Visas
• Immigration Litigation
• Regional Center Compliance

Frequently Asked Questions about the EB-5 Visa Program

What are the basic requirements and timeline for an EB-5 visa?

The EB-5 visa program has several core requirements:

1. Investment Amount: Invest the minimum required capital ($800,000 or $1,050,000) in a qualifying US business, either a New Commercial Enterprise (NCE) or an approved regional center project.
2. Job Creation: The investment must create at least 10 permanent full-time jobs for US workers. This job creation can be direct or indirect, depending on the project type.

The EB-5 process typically involves three key stages:

1. I-526 Petition: Investors initiate the process by filing Form I-526, Immigrant Petition by Alien Investor. This petition includes comprehensive documentation of the project and the investor’s lawful source of funds.
2. Conditional Resident Application (or Immigrant Visa Processing): USCIS currently allows concurrent filing of adjustment of status applications in certain situations. Eligible applicants already in the US can file their green card application (Form I-485) concurrently with the I-526 petition. For those outside the US, or those from countries facing visa backlogs (currently India, China, and Vietnam), upon I-526 approval and when their priority date becomes current, they can apply for an immigrant visa at a US consulate. The initial green card granted is a conditional green card, valid for two years.
3. Form I-829 Petition (Removal of Conditions): Within the 90-day period before the conditional green card expires, investors must file Form I-829 to remove the conditions on their permanent resident status. USCIS reviews this petition to verify that the investment remained at risk and that the required jobs were created. Upon I-829 approval, the investor and their family become lawful permanent residents of the United States.

What is the EB-5 visa quota?

Congress allocates approximately 10,000 EB-5 visas annually for investors and their qualifying family members. The EB-5 Reform and Integrity Act of 2022 (RIA) introduced set-asides within this quota, reserving 32% of visas for specific types of projects in Targeted Employment Areas (TEAs):

• Rural Area Projects: 20% of visas are reserved for investments in rural areas.
• High Unemployment Areas: 10% are set aside for investments in high unemployment areas as designated by USCIS.
• Infrastructure Projects: 2% are reserved for investments in qualified infrastructure projects administered by government entities.

Is concurrent filing mandatory?

No, concurrent filing (filing I-485 with I-526) is not mandatory. Applicants can choose to wait for I-526 approval before filing Form I-485. In some cases, particularly when extending H-1B status beyond the six-year limit is dependent on I-485 filing, concurrent filing may be advisable. It is essential to consult with an EB5 visa lawyer to determine the most prudent approach based on individual circumstances.

Can I transfer my EB-2 or EB-3 priority date to my EB-5 petition?

No, unfortunately, priority dates are not transferable between different visa categories. The priority date for an EB-5 petition is established when USCIS formally receives the I-526 petition.

If I was born in a country with a visa backlog but am now a citizen of Canada, will I still be subject to the backlog?

Yes, visa quota limitations are generally based on the country of birth, not current citizenship. If you were born in a country with an EB-5 visa backlog, your visa and those of your family members will be subject to the visa availability for your country of birth, regardless of your current citizenship. Consulting with an EB5 visa lawyer is crucial for understanding how country-specific visa backlogs might affect your EB-5 process.