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The EB-5 visa program was created by the U.S. government to encourage foreign investment in the country. This immigration program provides a pathway to permanent residency for individuals who invest in U.S. businesses that create jobs. For those interested in pursuing this option, it is important to understand the requirements for an EB-5 visa and the application process. In this blog post, we will explore everything you need to know to navigate this program successfully.

To qualify for an EB-5 visa, applicants must make a minimum investment of $900,000 in a designated high-unemployment area or rural area, or $1.8 million in any other area. The investment can be in the form of cash, inventory, equipment, secured indebtedness, tangible property, or cash equivalents. Additionally, the investment must create or preserve at least 10 full-time jobs for U.S. workers within two years.
Investors must show that the funds used for their investment come from a lawful source. This means providing documentation to prove that the capital was obtained through legal means, such as employment income, business earnings, property sales, inheritance, or gift. The USCIS will scrutinize the source of the funds to ensure that they were not obtained through criminal activities like money laundering.
EB-5 investors can opt for two different types of investments: direct investment or regional center investment. Direct investment involves an investor directly managing and controlling the business in which they invest. Regional center investment allows investors to pool their resources with other investors and take advantage of projects managed by a regional center. Regional centers must be USCIS-approved and have a track record of successful projects.
The EB-5 visa application process involves several steps. First, applicants file a Form I-526 petition with the USCIS, including a comprehensive business plan for the investment. Once this is approved, investors can either apply for conditional permanent residency if they are already in the U.S. on a temporary visa or apply for an immigrant visa at a U.S. embassy or consulate in their home country. Upon approval, investors will receive a conditional green card that is valid for two years. Within 90 days of the expiration of the conditional green card, investors must file a Form I-829 petition to remove the conditions and obtain permanent residency.
Navigating the EB-5 visa process can be challenging, and having a legal team to support you can alleviate the stress and ensure that all requirements are met accurately and on time. At Jude Law LLC, our experienced attorneys can provide comprehensive legal assistance to help you successfully obtain an EB-5 visa. We will assist you in every step of the application process, from preparing the business plan to filing the required petitions.
Investing in the U.S. economy through the EB-5 visa program can be a great opportunity for those seeking permanent residency in the country. However, it is essential to understand the requirements and intricacies of the application process to make the most of this option. Working with an experienced legal team like Jude Law LLC can help you navigate the EB-5 visa process smoothly and avoid any pitfalls. Contact us today to schedule a consultation.
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Phone: 305-859-4519
66 W Flagler St. Ste 900
Miami, FL 33130
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