EB 5 Immigration Attorney

EB-5 Immigration

Foreign nationals requiring the assistance of an EB5 Investor Lawyer fall into a very specific niche. Although many people wish to relocate to the U.S. in the hopes of a better life, joining a family, or pursuing an education, some are looking for entrepreneurial and investment opportunities. The EB 5 program offers a great opportunity for such individuals while simultaneously creating jobs for U.S. workers.

The EB-5 visa program, also known as the Employment-Based Fifth Preference Category, was produced to draw in foreign investors and capital to create job opportunities and further benefit the United States economy. There are two very specific routes for immigrant financers to earn the status of lawful permanent residence: the Basic Program and the Regional Centers Pilot Program.

Consulting with a skilled immigration law firm is a great way to understand how a foreign investor can become a lawful permanent resident of the U.S. With years of experience in immigration law, the skilled and sympathetic attorneys at Manji Law, P.C., can help you effectively navigate the complexities of EB-5 immigration and obtain an investor visa

According to the USCIS alert, the statutory authorization related to the EB-5 Immigrant Investor Regional Center Program expired in June 2021. That, however, does not affect EB-5 petitions filed by investors who are NOT seeking a visa under the Regional Center Program.

Because of that, the USCIS will, after July 1, 2021, reject Form I-526 (Immigrant Petition by Alien Investor) when it’s indicated that the investment of the petitioner is associated with a regional center until further notice. The USCIS will also reject Form I-924 (Application for Regional Center Designation Under the Immigrant Investor Program) unless the application is regarding an amendment to the regional center’s ownership, name, administration, or organizational structure.

If your Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-765 (Application for Employment Authorization), or Form I-131 (Application for Travel Document) is associated with or based on a Form I-526, they will also be rejected.

EB 5 Investor Process: How to Apply for a Green Card

The multi-step EB 5 process you must follow depends on whether you are currently in the U.S. Those outside the country must complete a couple of additional legal steps.

If you are currently within the U.S., you can submit Form I-526, which is the Immigrant Petition for Alien Investor, and Form I-485 (the application to obtain a lawful permanent resident status) at the same time. If you are outside the U.S., you must go through consular processing in order to complete the EB 5 process. This involves traveling to a designated U.S. embassy or consulate between submitting your I-526 and I-485 forms. 

Once there, you will complete an online DS-260 immigrant visa application and interview with a consular officer who will ask questions about your background, your plans, and your investment. This process is used to determine whether you have a legitimate case.

A qualified EB-5 immigration lawyer can provide invaluable assistance when you intend to get a green card (also known as “permanent residence”) using this method. U.S. immigration law is complex, so having a knowledgeable attorney to help you understand the requirements and guide you through the process is vital.

Understanding the EB5 Process

The EB5 process can be a complicated one, and it is best to consult with an expert immigration attorney to ensure your paperwork and supporting documentation is in order. Your I-485 (application for a green card or “permanent resident status”) and I-526 forms can now be filed concurrently. A monthly bulletin regarding the final action dates of each category of the green card is released every month by the Department of State.

After two years, you can submit an I-829 Form, which is a Petition by Entrepreneur to Remove Conditions. This needs to be done within 90 days of the expiration. Discuss your options with an EB 5 investor’s legal counsel to improve your likelihood of being approved for a green card/permanent residence based on your EB 5 visa.

How to Apply for a Visa EB 5

In order to successfully complete the Visa EB-5 process, there are several steps that every prospective immigrant must follow, regardless of where he/she is located. These include:

• File the I-526 petition

• Await I-526 approval

• Submit I-829 petition

Applicants and Investors who are not within the United States must obtain their visas through consular processing. They need to complete two additional steps:

• Become documentarily qualified

• Wait for visa numbers

Hiring an experienced EB 5 immigration legal counsel can smooth the EB 5 process for investors when you decide to immigrate to the U.S.

EB 5 Visa News: Late 2019 Update

On November 21, 2019, there was EB 5 Visa news. As with all sections of immigration, the laws and how they are interpreted are continually being updated and changed. The Immigrant Investor Program was altered by the U.S. Department of Homeland Security to include:

• Previously approved petitions of certain investors retain their priority date when they file a new petition

• Minimum investment requirements have increased to account for inflation and will increase every five years

• Changes made to TEA designations to direct investments to areas that need them most

• Clarifying rules regarding family members and their permanent residence removal conditions

There are a few additional changes, and an EB 5 investors lawyer is the best person to explain if and how the changes may affect your application.

EB 5 Visa News: 2022 Update

In June 2021, the Regional Center Program expired, leaving many foreign nationals with unprocessed visas. At that point, the USCIS announced that the processing of petitions would be paused until operations resumed. In an effort to remedy this, President Biden signed the EB-5 Reform and Integrity Act as part of the Consolidated Appropriations Act on March 15, 2022. 

The legislation does the following:

• Initiates changes to the EB-5 program

• Authorizes a new EB-5 Immigrant Investor Regional Center Program

• Resumes the processing of certain immigration benefits

Changes to the EB-5 program include increases to minimum investments, adjustments to the filing process of Forms  I-526 and I-485, and enhanced program transparency.

The United States has resumed processing USCIS Forms I-526 (Immigrant Petition by Alien Entrepreneur) filed on or before June 30, 2021. Adjudication for petitions filed prior to March 15, 2022, will be based on the eligibility requirements at the time they were filed. Then, it will continue prioritizing petitions with available visas, as well as those becoming available.

Since the Regional Center Program will remain in effect through September 30, 2027, its future has been stabilized.

Retain EB 5 Attorneys to Make the Difference

There are many reasons for hiring law firms with knowledgeable EB 5 visa attorneys. A lawyer will help you complete the application, collect your documents, file your petition, and make all the necessary payments to complete the EB 5 process. He will also oversee unforeseen issues like a Request for Evidence (RFE). When you are making a million-dollar investment, hiring the right lawyer can make all the difference.

In the event that you receive an unfavorable decision, EB 5 investors law firm can help outline your options. If you discover new documents or evidence that may affect the decision on your EB 5, you can file a motion to reconsider. If you believe the evaluating officer was biased or incorrect in the decision to deny your petition, you can also file to reopen your EB 5 case.

Since the decision to reopen a case (EB 5 or otherwise) must be made from a proven legal standpoint, it should only be attempted with an attorney’s assistance. Contact the office of Manji Law, P.C. for more information on how you can obtain an EB 5 visa and qualify for permanent residency in the United States.