Do You Need An EB-5 Visa Attorney For Successful Investor Immigration?

Working through visa criteria and requirements can be tricky at the best of times.

In this Even tourist visas for some countries seem unnecessarily complex. As far as investor immigration visas go, the EB-5 program has proved successful but the process can be a challenge.

Immigration is a hot topic at present, but investment is also necessary to promote growth in the economy. Therefore, investor immigration is crucial but also involves highly regulated processes. Many people, therefore, choose to use an experienced EB-5 visa attorney to improve their chances of success.

The EB-5 visa program represents the chance for foreign investors to achieve citizenship. However, applying for an EB-5 visa without legal guidance may prove difficult.

Is it necessary though to hire an experienced attorney for your EB-5 application? And what is to be gained by using an EB-5 visa attorney?

What is the EB-5 visa program?

This particular visa program was designed to promote foreign investment. Anyone who invests a certain amount can apply for an EB-5 immigrant investment visa.

Foreign inventors who obtain an EB-5 visa may apply for a Green Card. Thus, this visa program incentivizes foreign investment. Plus, it helps stimulate growth.

The EB-5 visa program was developed to stimulate the economy. In 1992, visas started to be approved. In total, just 59 visas were issued during its pilot year. Yet, tens of thousands of visas have been issued since.

Who is eligible for an immigration investment visa?

Investors plus spouses and any dependents are eligible to apply. Children below the age of 21 and unmarried are eligible. There is a cash investment to be met too.

The minimum investment is $900,000. Depending where the investment is made, this can rise to $1.8 million. All investments must be made in USCIS-approved commercial enterprises. 

Apart from the cash investment, at least 10 jobs must be created. These must be full-time and for local workers.

There is no restriction on nationality. Anybody meeting the tenets laid down can apply. Some of the highest numbers of applications come from the UK and South Korea.

Do you require an EB-5 visa attorney?

So far, everything seems straightforward. So, why use a visa attorney or pay for legal guidance? As with many areas of immigration, there is a constant amount of change. Laws evolve and are amended as needed.

Anyone unaware of the intricacies of EB-5 visa regulations may find the process challenging, to say the least. EB-5 visa attorneys stay abreast of regulation updates and amendments to the law. Therefore, they help clients to navigate and comprehend the application process.

Attorneys have a proper understanding of visa laws. And attorneys help to maximize the chances of success.

Form I-526 or I-526E must be submitted for the visa application. This document shows the USCIS that you are compliant with every aspect of the program.

The success rate for these applications has varied over the years. In some years, over 90% of applicants have been approved for an EB-5 visa. An experienced EB-5 visa attorney will ensure documents are filed on time and correctly. Thus, increasing your chance of becoming a successful investor.

What gains are there from using an EB-5 visa attorney?

Since the introduction of the visa scheme, many thousands have benefited. Not surprisingly, application numbers dropped during the pandemic.

The number of EB-5 visa issuances dropped during 2020 and 2021. Nevertheless, the success of the program has ensured that more investors will come forth.

This helps with local economies and job creation. After Covid when many people lost their jobs and businesses closed, growth and investment are highly welcomed.

The benefits of using an attorney for your application are significant. Speed, cost, and the return on your investment to consider.

Benefits of using an EB-5 visa attorney include:

  • Streamlined application process
  • Risk mitigation
  • Due diligence
  • Expedited application
  • Compliance

Attorneys will use their knowledge to explain how regional center projects work, and how viable your investment will be. They can help you to avoid costly mistakes in the application process and meet all tenets of the EB-5 program.

Streamlining the EB-5 visa application

Preparing documents and completing the required form is a critical part of applying for an EB-5 visa. For instance, documents showing the source of your funds and provenance will be needed.

Visa attorneys understand how to submit paperwork accurately and in a timely manner. This will improve the chances of success, and speed up the process.

Experienced EB-5 attorneys will have established connections. In some cases, this may help to expedite your application. The attorney’s connections with regional centers will enhance communication and minimize delays.

Proper due diligence

Any investment requires a level of due diligence. An investment that involves emigrating to a foreign country should have an increased level of due diligence. Such a commitment needs to be safeguarded from potential fraud.

Your attorney will be able to undertake certain background checks and ensure your interests are safe. All investments carry potential concerns and risks, but an EB-5 visa attorney can help to mitigate the dangers involved with a substantial investment.

Employment criteria and job creation

For a foreign investor, job creation requirements may seem complex. An EB-5 visa attorney will guide you through the complexities of meeting the job creation requirements.

The USA is experiencing an aftermath economy where there is little or no growth. This has come from the pandemic and the high inflation that followed. The EB-5 investment program can help to boost job creation.

Using an EB-5 attorney will hopefully lead to a successful investment for you and new jobs for local workers in your selected regional center. Your attorney may also help you to assess the viability and credibility of regional centers. This will result in a greater chance of success for you and those employed in your chosen enterprise.

Understanding regional centers

Regional centers allow for passive investment. There are some gains to be had from this form of immigration investment, but understanding the value of them may not always be clear.

Your attorney will be able to assess a regional center’s track record and select which investment promises to meet your goals.

Immediate Green Card application

After visa approval, you can apply for permanent citizenship straight away. Your attorney will be able to ensure you meet all investment requirements which should help you be successful.

By leading you through the process you will avoid rejections or delays. Therefore, you will more likely get your Green Card faster by using legal assistance.

How does an EB-5 visa help investors’ families?

Immediate family members of an EB-5 visa holder are usually allowed to join the investor. Family members who are dependent on the visa holder can follow to the US.

An EB-5 visa helps to maintain legal status in the country. And can lead to permanent residency if the process is followed correctly and all regulations are met.

Summary

There are times when legal assistance is not always necessary. For instance, tourist visas can largely be applied for without any help. However, the EB-5 investment visa can be tricky to understand.

The visa application requires a significant investment. So, it makes sense that legal guidance is used to reduce the chances of rejection or hold-ups.

And not only will an attorney ensure that paperwork and documents are correct, they will also help to perform due diligence and avoid possible pitfalls.

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