EB5 Visa - Investment Green Card

INVESTMENT IMMIGRATION


EB-5 Investment Visa: Expert Guidance from Versfeld & Hugo LLC

The EB-5 Investment Visa, also known as an investment green card, offers a path to U.S. permanent residency for foreign investors who make a substantial financial commitment to create jobs in the United States. Unlike other investment visas, such as the E-2 visa, the EB-5 does not require investors to manage the day-to-day operations of a business, and it allows investors to reside anywhere in the U.S., regardless of where the investment is made. If you are considering applying for an EB-5 visa, Versfeld & Hugo LLC is here to provide expert legal assistance throughout the process. Contact us today to schedule a consultation.

What is an EB-5 Visa?

The EB-5 visa program was established in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. To qualify for the EB-5 visa, investors must meet specific investment and job creation requirements, making it a suitable option for those who are looking to gain permanent residency in the U.S. through significant financial contributions.


Updated EB-5 Investment Amounts

As of November 21, 2019, the minimum investment amounts for the EB-5 visa have been updated to account for inflation:

  • $900,000 for Targeted Employment Area (TEA) Investments: TEAs are defined as rural areas or regions with high unemployment rates.

  • $1.8 Million for Non-TEA Investments: Investments outside of TEAs require a higher financial commitment.


Key Requirements for the EB-5 Visa

In addition to the financial investment, EB-5 visa applicants must fulfill other criteria, including:

  1. Job Creation: The investment must create at least 10 full-time jobs for U.S. workers. These jobs can be:

  • Direct Jobs: Direct employment by the business receiving the EB-5 investment.

  • Indirect or Induced Jobs: Jobs created within the community or as a result of spending by employees of the business, particularly if investing through a regional center.

  1. Investment in a New Business: The investment must be in a new business, defined as one formed after November 29, 1990, or a business that has been purchased and restructured, or expanded in a way that increases the net worth or number of employees by at least 40%.

  1. Investing in a Troubled Business: An option for meeting job creation requirements is investing in a troubled business—defined as one that has been in operation for at least 24 months, has experienced a net loss of 20% of its net worth in the past 12-24 months, and employs at least 10 full-time employees. The investment must result in maintaining or creating the required 10 jobs.


EB-5 Visa Application Process

The application process for the EB-5 visa involves several steps:

  1. Filing Form I-526: The process begins with filing Form I-526, Immigrant Petition by Alien Investor, which details the investment amount, the business involved, and the expected job creation.

  2. Consular Processing or Adjustment of Status:

  • Consular Processing: If outside the U.S., once Form I-526 is approved, you will file DS-260, Application for Immigrant Visa and Alien Registration, to obtain the EB-5 visa.

  • Adjustment of Status: If you are already in the U.S., you can file Form I-485, Application to Register Permanent Residence or Adjust Status, to change your status to that of a conditional permanent resident.

  1. Conditional Permanent Residency: Upon approval, the investor receives conditional permanent residency for two years. To remove the conditions, the investor must demonstrate that the investment has been sustained and the job creation requirements have been met by filing Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.


Why Choose Versfeld & Hugo LLC for Your EB-5 Visa Application?

Applying for an EB-5 visa requires careful planning, substantial documentation, and thorough preparation. At Versfeld & Hugo LLC, we provide:

  • Comprehensive Legal Support: We guide you through the entire EB-5 process, from preparing the initial investment petition to securing permanent residency.

  • Personalized Advice: Our experienced attorneys will help you determine the best investment strategy, whether in a direct business investment or through a regional center, tailored to your unique circumstances and financial goals.

  • Detailed Application Preparation: We assist with compiling the necessary evidence to prove investment and job creation requirements, including business plans, financial statements, and economic impact analyses.

  • Ongoing Guidance: We provide continuous support to ensure compliance with all EB-5 requirements, including the removal of conditions on your permanent residency.


Contact Versfeld & Hugo LLC for Your EB-5 Visa Needs

If you are considering applying for an EB-5 investment visa, contact Versfeld & Hugo LLC today. Our dedicated immigration attorneys are here to provide the expert guidance and support you need to successfully navigate the complexities of the EB-5 visa process. Schedule your confidential consultation with us to explore your options and take the first step toward your investment and residency goals in the United States. Let us help you bring your investment and your future to the U.S. with confidence and success.