Visa for Immigrant Business Owners and Investors

Part of achieving the American dream is bringing your goals to fruition. Across the United States, many individuals have emigrated through the EB-5 program to start their new lives with family, build their businesses, or invest. At Grey Law Immigration, we know this is no easy task. Deciding if you want to do it, and if so, where can be daunting. Similarly, trying to figure out if an EB-5 visa is best for someone immigrating to a new country. There are so many possibilities as to what the result could be. Consult with an employment immigration attorney in Los Angeles to ensure this is the right opportunity for you before applying.

The EB-5 visa stands for “employment-based fifth preference category” or “EB-5 Immigrant Investor Visa Program.” It got established to push money back into the economy by urging foreign investors to come to the United States. It provides qualifying immigrants with an opportunity to live, work, go to school, and retire without needing an employment sponsor. People often identify it as a golden visa, which highly favors wealthy applicants who want a permit to reside or achieve citizenship in another country by making investments, purchases, and donations.

Expedited Path to Citizenship

It is important to note that EB-5 visas are not green cards. When an applicant’s petition gets approved, he or she will be granted a temporary stay for two years. To become a permanent resident, the average time it could take is six months from the date your Los Angeles immigration attorney submits Form I-829 to remove the two-year conditional status. Additional time may be required, as the U.S. Citizenship and Immigration (USCIS) requires prospective green card holders to interview.

Until the statute gets lifted 90 days before renewal, you will not be able to apply for reconsideration. Moreover, you must plan and demonstrate your ability to invest in the company for several years.

A Few Key Benefits of EB-5 Visa

There are a few perks to getting an EB-5 visa if the USCIS approves your application. But first, here is an overview of one or two requirements and benefits.

• Applicants need to invest at least $900,000 in a Targeted Employment Area (TEA). It will fund an economically disadvantaged business through a government-approved program and create 10+ jobs. You are required to participate.
• To qualify for a green card, applicants must invest $1.8 million in new, expanded businesses (outside of TEA). You can invest in a company or start your own as long as it meets USCIS requirements.
• EB-5 visa holders can live in the U.S. and are on an expedited path to naturalization.
• Do you have dependent family members? Make sure to include them in your application. Your children (unmarried, younger than 21) and spouse may also be eligible for green cards.

It may feel like an uphill battle to find a business to get involved with if you have not been to the United States and are unaccustomed to the overall process. An EB-5 visa lawyer in LA can help you plan accordingly. The business must be based anywhere in the country. As long as you are involved and have an active role, you will be eligible.

The USCIS does not investigate where the investment came from as long as it was acquired lawfully. Gifts, inheritance, and loans meet the requirements. Any form of fraudulent activity is considered a criminal act and will be treated as such. As a foreign investor, you are responsible for helping the business bring in 10 full-time employees who work 35+ hours a week, contribute to a product, and boost the economy overall. Indirect jobs are those that arise because of financial contribution. Usually, the company will hire and assist other organizations, which is typical for supply chains or commercial businesses.

Because you work behind the scenes, you do not need to worry about business training or experience. Most applications are submitted via regional centers to ensure a smooth immigration process.

EB-5 Investor Regional Centers

Immigrant Investor Regional Centers get assigned by the USCIS. It helps investors locate public or private companies to promote economic growth. You may not need to rely on a Regional Center as much if you plan to start a company or purchase an existing one. Depending on the circumstances, you may need to make a double investment. If the investment got made outside of USCIS approved TEA, the process would be more intricate. It is best to reach out to work visa attorneys in LA for more information about expectations.

Getting Started on Your Application

The next step is applying for the visa after you have established your investment. We walk you through the steps below:

1. Visit the USCIS website to download Form I-526, the application form for an investment visa.
2. The USCIS will review the application once submitted and send it to the National Visa Center (NVC)
3. Look out for correspondence from an NVC contact. They will tell you how to pay the $3,675 fee in addition to the required documents.
4. The U.S. Embassy conducts the interview for Immigrant Visas. The NVC will inform you of the location and time as well.
5. If all goes well, the Embassy will green light you for an EB-5 visa.
6. Already in the U.S.? An immigration lawyer in Los Angeles can help you adjust your status with the USCIS instead of filing through the Embassy.

Contact A Trusted Immigration Attorney

Are you thinking about starting your EB-5 application? You may need legal help. With a cap of 10,000 visas annually, every step you take matters. Reach out to our team to schedule your free consultation for a better chance at success.

About Grey Law Immigration

At Grey Immigration, the values of integrity, honesty, commitment, and results are at the foundation of our firm.

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have adjusted and acted accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.