Jackson Hertogs EB-5 Immigrant Investor Visas – Jackson Hertogs Immigration Law

EB-5 Immigrant Investor Visas

EB-5 Immigrant Investor Visas

We assist investors from all over the world in immigrating to the United States through direct investment or investment in a USCIS-designated Regional Center. Please browse this page for information on qualification criteria and procedures.

Qualification Criteria

An immigrant investor must invest $1 million (or $500,000 if the investment is in a rural area or area of high unemployment) in a new commercial enterprise. The commercial enterprise must be engaged in for-profit business activity (for example, purchasing a personal residence would not qualify). Finally, the immigrant investor must create at least 10 full-time jobs for qualifying US workers.

Application Process Overview

  1. The immigrant investor should meet with our EB-5 attorneys to discuss the EB-5 visa category, including (a) how to best demonstrate to USCIS the lawful source of the investor’s funds, (b) the investment visa timeline, and (3) the submission of required evidence to the USCIS.
  2. The immigrant investor should conduct a thorough due diligence analysis of the proposed investment. We recommend retaining financial and business experts to determine the financial viability of specific investment projects, as securities regulations prohibit most immigration attorneys from giving financial advice.
  3. The immigrant investor will work with our EB-5 attorneys to prepare the Petition for Alien Entrepreneur (Form I-526) and submit the Petition to the USCIS.
  4. Upon approval of the immigrant visa petition, the immigrant investor (along with any immediate family members) will obtain their “green card” by applying for “adjustment of status” within the United States, or by obtaining an immigrant visa at a US Consulate abroad.
  5. The immigrant investor and immediate family members are granted a conditional green card valid for two years.
  6. Twenty-one months after obtaining conditional resident status, and no later than 24 months after obtaining conditional resident status, the immigrant investor must file a second immigrant visa petition (Form I-829) to remove the conditions from permanent residence. The immigrant investor must demonstrate having maintained the investment, and creating at least ten full-time jobs for qualifying US workers.
  7. After the I-829 visa petition is approved, the immigrant investor is granted a permanent green card, and can apply for naturalization in the future, upon meeting the eligibility requirements.

Our firm’s EB-5 attorneys are happy to meet with you to discuss immigration options via direct investment in a business or a USCIS-designated Regional Center.