Each year, the United States welcomes qualified foreign investors with a total of 140,000 visas granted annually to help develop commercial enterprises across the country. Coming to the U.S. as an investor in an enterprise is possible with several types of visas, including an EB-5 visa.
As one of the many employment visa programs offered today, the EB-5 visa was created to support immigrant investors and entrepreneurs engaging in new commercial enterprises directly benefiting the U.S. economy.
Singh Ahluwalia Attorneys at Law help foreign entrepreneurs understand and navigate the process of attaining an EB-5 visa. Coming to the U.S. to invest in an enterprise is not too far away.
Call (559) 878-4958 or contact us online to schedule your appointment today. We will provide a confidential and no-obligation case review to discuss your opportunities and help you secure the highest possible chances of success in your future endeavors.
How Can a California EB-5 Visa Attorney Help?
EB5 visa lawyers know the strict rules and regulations that apply to this program. Additionally, considering that only 140,000 visas are issued each year, one can conclude that the most competitive applicants will have the best chance of being approved for this program.
Working with an attorney specializing in investor visa programs can help prepare an application, submit documents, and answer any questions about navigating the immigration process. Not only that, but we can help you focus on the factors that separate those who successfully secure their EB5 visas from those who are denied.
In some cases, we can also help you identify another type of visa, such as an E-2 or E-1, that gives you access to the opportunities you hoped to seize to make your journey to the U.S. a successful one. We support our clients throughout their entire journey, helping them not just secure a visa but prepare for entry, maintain compliance during their trip, and file for a renewal or another visa as appropriate to their unique situation.
Who Is Eligible for an EB-5 Visa?
Working with an EB-5 visa lawyer can help determine if this is the right immigration program for you. There are a couple of requirements that applicants need to meet if they are to successfully submit an application that has the best chance for approval.
Applicants must have a significant amount of capital available when they are applying. They must be able to prove that funds are self-sourced, not borrowed or loaned. The minimum amounts that applicants must have are $1 million or $500,000, depending on the venture, and the goal is to invest these funds in an area with severe unemployment or rural nature.
The Goal of Bringing a Foreign Investor to the States
Within the first two years of operation in the States, the business venture is meant to create no less than 10 jobs for U.S. citizens, permanent residents, or other authorized immigrants who can legally work there.
How to Apply for an EB-5 Visa
Like many programs, applicants will find that a few steps, like gathering documents, will take time. An EB-5 visa, in particular, has strict showings the applicant must demonstrate in order for USCIS or a consulate office to determine that they are eligible under the terms of the program.
EB-5 visa attorneys know this process and can help address any questions or complications of an applicant’s case.
Start by Filing a Petition
Completing and filing a petition is the very first step to beginning an EB-5 visa application. Immigrants can begin online by completing Form I-526, which is filed with the United States Citizenship and Immigration Services (USCIS).
Form I-526 must be approved by USCIS prior to being authorized to submit an application for an immigrant visa at the applicant’s local U.S. embassy or consulate.
Completing the Application
Once the applicant receives approval of their Form I-526, they can go ahead and submit an application for a visa at the National Visa Center. Applicants will be requested to complete Form DS-261, which will go for processing as soon as all applicable fees are paid.
The documents that are required to complete the application are generally similar to that required of other work-related visa programs:
- A valid passport — Passports must be valid for at least six months after the intended arrival date in the U.S.
- Complete and submit an Affidavit of Support
- Complete and submit a Form DS-260, Immigrant Visa and Alien Registration Application
- Provide two 2×2 photographs that meet all photograph requirements
- Complete and submit any civil documents for the applicant – The list of needed documents can be found on the U.S. Department of State Website. Immigrants are expected to bring their original civil documents or certified copies. These documents include birth certificates and marriage licenses.
- Contact the local U.S. Embassy or consulate to confirm that they will not require translated copies of any needed documents
- Completed Medical Examination Forms — A medical exam and required vaccinations are required before being approved for an IR-1 visa. An authorized panel physician will provide a completed form to submit as part of an application.
- Proof of vaccination — Department of State currently requires applicants to receive and provide proof of these vaccines
- All relevant and applicable fees must be paid when submitting an online application
Understanding the steps and working through this process can become overwhelming when one does not understand all the needed documents. Even more, there are cases where the local consular officer can ask for more information during a visa interview. Communicating with the local embassy or consulate and your legal team can prevent miscommunications from happening.
Submit Applicable Fees
The EB-5 visa application process can result in several fees that must be paid before receiving a priority date. Additionally, there will be other individual costs associated with the granting of this visa, like transportation costs, ordering certified copies of birth certificates and other official documents, and travel expenses to be able to complete an interview.
Applicants should be in good financial standing to be able to afford the incurred expenses associated with applying and being approved for an EB-5 visa.
Attending a Visa Interview
As part of the application process for an EB-5 visa, all applicants must attend an in-person interview at their local U.S. embassy or consulate. Scheduled interviews are only granted to those that complete and submit all required documents. Applicants must ensure they have a valid email address to receive any correspondence regarding their interview date. Their EB-5 Visa attorney will also receive any related correspondence.
Receive a Priority Date
When an application is filed, the applicant will receive what is called a Priority Date, which is determined by the order in which they are received. Unfortunately, the United States will only issue 140,000 of these visas annually, meaning space is limited. It is possible for applicants to wait years before their place in line receives approval. As a result, applicants must act proactively to optimize their position in line.
Applicants can always check their status if they visit the Visa Bulletin online for the priority dates which are receiving EB-5 visas at the time.
Can Family Come to the U.S. With an EB-5 Visa Holder?
The spouse and any unmarried children under 21 are eligible to come with the EB-5 visa holder to the United States.
Each qualified member must navigate the visa application process, including forms, documents, and payment of any required fees. Once approved, they will have their own visa status.
Since these cases are treated differently, it is important to navigate the process carefully and complete any applications with care to prevent any delays and minimize the chance of any complications.
The California EB-5 visa lawyers at Singh Ahluwalia Attorneys at Law understand that these cases are treated separately, complicating the process of carrying out all your plans. We can help make it possible for your children and spouse to come to the United States along with you during your trip to expand operations while helping develop the U.S. economy.
Come Work in the U.S. With the Help of a California EB-5 Visa Attorney
Many programs have been created to allow immigrants to work in the United States. The EB-5 visa allows those with the grit and knowledge to run their own business to come and establish themselves in the U.S. to create jobs and contribute to disadvantaged economies.
Call (559) 878-4958 or contact us online today to schedule a no-obligation consultation with our experienced visa attorneys in California.
